Interpretation ID: aiam3473
Director
Traffic and Safety Division
Department of Transportation
1220 Washington Avenue
State Campus
Albany
NY 12232;
Dear Mr. Shafer: This responds to your September 8, 1981 letter enclosing correspondenc from Mrs. Barbara Stephens asking about extending the seat spacing in a school bus that is designed to transport handicapped children. You ask for general guidance in this area.; First, let me say that the safety standards apply to manufacturers o vehicles as well as those individuals that alter new motor vehicles. Further, repair businesses are not permitted to render inoperative the compliance of a vehicle with the safety standards. On the other hand, nothing prohibits an individual from rendering inoperative the compliance of his or her own vehicle with any safety standard.; In specific reference to seat spacing in school buses, two genera rules apply. First, seat spacing is not regulated in vehicles with gross vehicle weight ratings (GVWR) of 10,000 pounds or less. Accordingly, any modification of seat spacing in these vehicles is permissible. Second, in vehicles with GVWR's in excess of 10,000 pounds, seat spacing is regulated, and a manufacturer may not produce a vehicle whose spacing exceeds the specifications set in Standard No. 222, *School Bus Passenger Seating and Crash Protection*. Further, a repair business may not affect the seat spacing in a way that would violate the standard. An owner, however, may change the spacing in her or her own vehicle.; The agency has specifically provided for the transportation of th handicapped by allowing the installation of side-facing seats in school vehicles designated for handicapped transportation. We would suggest that this is a more suitable approach than extending seat spacing. By extending seat spacing, a school would be taking its vehicles out of compliance with the safety standards. In the event of an accident involving one of these vehicles, the school might be subject to unnecessary liability for having made these modifications to its vehicles.; I hope that this will be of use to you in advising schools of th Federal requirements, and if I can be of further assistance, please contact me.; Sincerely, Frank Berndt, Chief Counsel