Interpretation ID: nht95-1.47

TYPE: INTERPRETATION-NHTSA

DATE: February 2, 1995

FROM: PAUL D. KELLY, ALBERTSON, WARD & McCAFFREY

TO: Philip Recht, Esquire -- Chief Counsel; NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO 5/1/95 LETTER FROM JOHN WOMACK TO PAUL D. KELLY (A43; VSA 108(a)(2); Std. 208)

TEXT: Dear Mr. Recht:

Please be advised that this office represents Performance Van Shop, Inc., a New Jersey corporation specializing in modification of vehicles for handicapped and disabled citizens. I write to you at the instruction of Ms. Pat Breslin of NHTSA.

Recently my client has been asked to modify a vehicle for a client named Terri Battisti who is approximately 35 years of age and suffers from a neuromuscular disorder which renders her partially paralyzed. She has no use of her lower torso and very l imited upper body mobility. She is confined to a power wheelchair from which she drives. This proposed van would be her third over the past 10-15 years.

My client has no knowledge of Ms. Battisti's past driving record concerning any particular difficulties or accidents or other driver violations. My client is currently confronted with a problem which I would ask that you please address if at all poss ible. Ms. Batissti's ability to turn the steering wheel and to see the gauges in the vehicle has, in the past been accommodated by having the steering box on a stock vehicle removed and the steering mechanism would be adjusted at a machine shop to a low effort or zero effort steering gear. From that point after-market steering wheels and column adapter kits would be installed to accept this new steering wheel. This was a common adjustment made for disabled citizens in my client's industry and had pro ved to be very safe and efficient.

My client is lead to believe that as of 1992 the new federal safety laws regarding light truck and van driver's side airbags became effective and therein lies the problem. In the case with Ms. Batissti, if my client does not change the steering wheel Ms. Batissti will never be able to drive the van. She cannot turn the factory steering wheel because it is too thick for her to hold and too wide for her to see the gauges when it is in the driving position. My client has proposed a zero effort steeri ng box on this van and have the steering column extended to position her in the driving position. She cannot turn the factory steering wheel. My client has the ability and the means to change to the steering wheel, but to do so would mean sacrificing t he airbag apparatus.

My client is anxious to be able to accommodate this nice lady so that she can continue to drive, but they are naturally concerned and want to be in compliance with any applicable regulations that might be issued through, among others, your office. If there is some provision for accommodating this special needs situation or some sort of a waiver provision. I would ask that you please let me know. The use of the vehicle in this altered condition would be with the full consent and understanding by Ms . Batissti that the safety device designed for her protection, i.e., the airbag, would be removed.

I ask for your guidance in providing assistance to this disabled citizen.

I thank you for your anticipated cooperation.