Interpretation ID: aiam4167
Chief
Bureau of Personnel Services
Mr. Noble Morrell
Assistant Personnel Director
Kansas Department of Transportation
State Office Building
Topeka
KS 66612-1568;
Dear Ms. Hafentine and Mr. Morrell: This responds to your February 19, 1986, letter to the National Highwa Traffic Safety Administration (NHTSA) concerning a school district's modification of its 1985 school bus to accommodate a handicapped student. You asked for our opinion on the district's plan to remove the bench seat located directly behind the driver's seat. This modification is proposed in order to provide necessary leg room for a handicapped child who would occupy the bench seat rearwards of the removed seat.; While you explained that the work on the school bus would probably b performed by the school district itself, you requested us to clarify our requirements for commercial parties modifying used vehicles. The National Traffic and Motor Vehicle Safety Act, which authorizes NHTSA to issue safety standards applicable to the manufacture and sale of new motor vehicles, includes section 108(a)(2)(A) regulating the modification of safety systems on used motor vehicles. Section 108(a)(2)(A) prohibits a manufacturer, distributor, dealer, or motor vehicle repair business from knowingly rendering inoperative any device or element of design installed in a motor vehicle in compliance with an applicable Federal motor vehicle safety standard. This means that Federal law would prohibit a commercial business from degrading or removing the level of safety provided by the equipment or designs of your school bus.; You explained that your school bus was certified as meeting ou 'compartmentalization' requirements for school bus passenger protection. Compartmentalization provides occupant protection by seat spacing, padding and strength requirements. It is therefore likely that removing a school bus seat would render inoperative the vehicle's compliance with the requirements for compartmentalization since school bus seats are central to that system of occupant protection. As a result, a commercial business would violate S108(a)(2)(A) by removing the bench seat in question if no properly padded restraining device were provided within the distance specified in Standard No. 222 for seat spacing. Violation of S108(a)(2)(A) is subject to a maximum civil penalty of $1,000 for each violation.; NHTSA is aware that situations may exist where a vehicle must b modified by a commercial facility to accommodate the special needs of a handicapped person. We have been willing to consider some of those modifications and resultant violations of S108(a)(2)(A) as being justified by public need, and have exercised our discretion not to take any enforcement action. Such an exception would be made in your situation if removing the school bus seat were necessary to accommodate a student's physical handicaps. However, we urge you to label the bench seat rearward of the removed seat in some manner that will identify it is appropriate only for transporting a handicapped student and distinguish it from a regular school bus seat. Further, if the seat would be capable of being used by other school children, we strongly recommend that a mode of occupant protection be provided to all occupants of the seat, and that the level of protection is as safe as that originally provided by the school bus before the modification was made.; Section 108(a)(2)(A) applies only to commercial-type businesses whic modify used vehicles. It does not apply to an owner, such as a state or a school district, modifying its own vehicles. Accordingly, Federal law would not prohibit the school district from removing the bench seat on its school bus nor restrict the removal in any manner. Again, however, we do strongly recommend that you ensure that the bench seat rearward of the removed seat is labeled and that an appropriate mode of occupant protection is provided to all children who would occupy it.; The modification of the bus would, of course, still have to comply wit any applicable state laws. You should contact your attorney and insurance company to discuss the effect of state law on your modification as well as private liability issues, since your planned modification might affect the vehicle's compliance with safety standards.; I hope this information is helpful. If you have any further questions please contact my office.; Sincerely, Erika Z. Jones, Chief Counsel