Interpretation ID: Braun
The Braun Corporation
631 W. 11th St.
PO Box 310
Winamac, IN 46996
Dear Braun Corporation:
This responds to your letter concerning the applicability of Federal Motor Vehicle Safety Standard (FMVSS) No. 403, Platform lifts installed for motor vehicles, and No. 404, Platform lift installations in motor vehicles, to lifts manufactured before the effective date. I have addressed your concerns below.
In a December 27, 2002, final rule, the agency established FMVSS Nos. 403 and 404 in order to protect individuals that are aided by canes, walkers, wheelchairs, scooters, and other mobility devices and rely on platform lifts to enter/exit a motor vehicle (67 FR 79416; amended 69 FR 58843, October 1, 2004). FMVSS No. 403 is an equipment standard that specifies minimum performance requirements for platform lifts designed for installation on motor vehicles. FMVSS No. 404 requires that certain vehicles that are manufactured with platform lifts comply with a set of minimum requirements. The effective date of these standards has recently been delayed until April 1, 2005 for FMVSS No. 403 and July 1, 2005 for FMVSS No. 404 (69 FR 76865; December 23, 2004).
In your letter, you expressed concern that individuals would not be able to have a lift that was manufactured prior to the effective date installed on a vehicle that was manufactured on or after the effective date. You explained that it is a common practice for lift users to transfer a lift from one vehicle to another. You expressed concern that FMVSS Nos. 403 and 404 will prohibit a lift user from having a lift transferred to a vehicle that was manufactured after the effective date of FMVSS No. 404.
Generally, FMVSSs apply to motor vehicles and motor vehicle equipment up to their first retail sale. See 49 U.S.C. 30112. Manufacturers are required to certify that their products conform to all applicable FMVSSs before the products can be offered for sale. After the first retail sale of a vehicle, manufacturers, distributors, dealers, and repair businesses are prohibited from "making inoperative" any device or element of design installed on or in a motor vehicle in compliance with an applicable standard. 49 U.S.C. 30122.
The "make inoperative" provision only applies to standards with which a vehicle is certified as complying. If a vehicle with a manufacture date of July 1, 2005, or later is manufactured with a lift, that vehicle must comply with FMVSS No. 404. However, if after first retail sale a platform lift is added to a vehicle manufactured either before or after July 1, 2005, that was not equipped with a lift at first retail sale, there is no duty for a modifier to bring that vehicle into compliance with FMVSS No. 404; i.e. , there is no requirement to equip the modified vehicle with a lift that complies with FMVSS No. 403. Therefore, in such instances, a lift user would be able to have a non-compliant lift taken from an older vehicle and installed on a vehicle that he or she had previously purchased.
I hope you find this information helpful. If you have any additional questions please contact Mr. Chris Calamita of my staff at (202) 366-2992.
Sincerely,
Jacqueline Glassman
Chief Counsel
ref:403#404
d.1/3/04