ID: 2946o

Mr. Robert Daugherty
Quality Assurance Manager
Safety Rehab Systems, Inc.
147 Eady Court
Elyria, OH 44035

Dear Mr. Daugherty:

This is a response to your letter of February 5, 1988, in which you sought an interpretation of Standard 213, Child Restraint Systems (49 CFR 571.213). I regret the delay in this response. Specifically, your letter stated that your company manufactures wheelchairs for severely handicapped children. Your letter stated that your company believes that Standard 213 does not apply to "durable medical products (wheelchairs, positioning systems)" and asked if this belief is correct. As explained below, your belief is not entirely correct.

Section S3 of Standard No. 213 specifies that "this standard applies to child restraint systems for use in motor vehicles and aircraft." Section S4 of the standard defines a child restraint system as "any device except Type I or Type II seat belts, designed for use in a motor vehicle or aircraft to restrain, seat, or position children who weigh 50 pounds or less." No exception is made for restraints designed for use by physically handicapped children who weigh 50 pounds or less. Further, paragraph S6.1.2.1.1 of Standard No. 213 includes the following language: "A child harness, booster seat with a top anchorage strap, or a restraint designed for use by physically handicapped children shall be installed at the center seating position of the standard seat assembly in accordance with the manufacturer's instructions provided with the system pursuant to S5.6." This language makes clear that restraints designed for use by physically handicapped children are subject to the requirements of Standard No. 213.

Under these criteria, wheelchairs, strollers, and so forth would not be "child restraint systems" within the meaning of Standard No. 213 because these devices are designed to transport children outside of a motor vehicle or aircraft. Therefore, wheelchairs, strollers, and similar devices are not child restraint systems within the meaning of S3 of Standard No. 213. Such devices may be subject to regulation by the Food and Drug Administration, under its authority to regulate medical "devices." However, the devices described in your letter as "positioning systems" are child restraint systems subject to the requirements of Standard No. 213. Your "Safety Plus Model 501" includes a "removable positioning unit" that is designed to restrain and position a child riding in a motor vehicle. Your "900 Series Transporter" is designed so that the rear wheels can be folded under to allow the device to be used to restrain and position a child riding in a motor vehicle. Therefore, these devices are "child restraint systems" within the meaning of S3 of Standard No. 213, and must be certified as complying with the requirements of the standard. NHTSA has said in the past that, since it is possible to offer handicapped children the same level of crash protection afforded to all other children, there is no reason to permit handicapped children to be offered a lesser degree of safety protection in the event of a crash. (See the enclosed October 16, 1986 letter I sent to Mr. Terry Woodman on this subject.)

You also asked if there are any standards applicable to "tie-downs" used on school buses. These "tie-downs" are straps designed to restrain wheelchairs and their occupants in a motor vehicle in the event of a crash. Since wheelchairs are not subject to Standard No. 213 or any other of this agency's regulations, as explained above, we have no standard applicable to "tie-downs" or other devices used to position wheelchairs in motor vehicles. I explained this in detail in the enclosed July 31, 1987 letter to Mr. Richard Maher.

I hope this information is helpful. If you have further questions or need more information on this subject, please feel free to contact Ms.Joan Tilghman of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosures

ref:213 d:9/6/88

ID: 2947o

Mr. Davis Thekkanath
Sr. Supervising Engineer
Oshkosh Truck Corporation
P.O. Box 2566
2307 Oregon Street
Oshkosh, WI 54903-2566

Dear Mr. Thekkanath:

This responds to your letter requesting an interpretation of Safety Standard No. l2l, Air Brake Systems. Section S5.l.l of the standard requires trucks and buses to have an air compressor of sufficient capacity to bring the pressure in the supply and service reservoirs from 85 psi to l00 psi within a specified time. You inquired about the meaning of this requirement in the context of a truck with a trailer behind it. You particularly asked whether the air compressor capacity requirement includes the volume of service reservoirs for the trailer. As discussed below, only the truck reservoirs need to be considered for this requirement.

By way of background information, the National Highway Traffic Safety Administration does not provide approvals for motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles and equipment meet applicable standards. The following represents our opinion based on the facts provided in your letter.

Sections S5.l and S5.l.l of Standard No. l2l read as follows:

S5.l Required equipment--trucks and buses. Each truck and bus shall have the following equipment:

S5.l.l Air Compressor. An air compressor of sufficient capacity to increase air pressure in the supply and service reservoirs from 85 pounds per square inch (p.s.i.) to l00 p.s.i. when the engine is operating at the vehicle manufacturer's maximum recommended r.p.m. within a time, in seconds, determined by the quotient

(Actual reservoir capacity x 25)/Required reservoir capacity.

The reference in section S5.l.l to "supply and service reservoirs" refers only to the supply and service reservoirs in the truck or bus subject to the requirement. Similarly, the term "actual reservoir capacity" refers only to the actual reservoir capacity of that truck or bus, and the term "required reservoir capacity" refers only to the reservoir capacity required for that truck or bus. Thus, for a truck designed to tow an air-braked trailer, only the truck's reservoirs need to be considered for this requirement. For purposes of testing, the towing vehicle protection system would be activated.

While Standard No. l2l does not specify air compressor capacity for towing vehicles in terms which address towed vehicles, we assume that manufacturers of vehicles designed to tow air-braked vehicles will design them to have sufficient air compressor capacity to ensure safe braking performance under conditions of reasonably forseeable use, including when they are towing air-braked vehicles.

Sincerely,

Erika Z. Jones Chief Counsel

ref: 121 d:9/l2/88

ID: 2953o

Mr. George Ziolo
DOT Paperwork Processor
234l7 Everett Place
Ramona, CA 92065

Dear Mr. Ziolo:

This is in reply to your letter of April 20, 1988, asking about the acceptability under Safety Standard No. l08 of modifying imported vehicles so that they are equipped with two Type 2D1 and two Type 1C1 headlamps. You have been informed by the agency's Office of Vehicle Safety Compliance that this is impermissible "because they are 'nonconforming' 'headlight systems'." You disagree because you believe that the minimum requirements of the Standard are satisfied by the Type 2D1 lamps, and that "S4.4 appears to permit such a combination."

Paragraph S4.4 is not applicable to the situation you present as it refers to combinations of lamps serving different functions; in your discussion, the lamps serve the identical function of headlighting. Given the fact that the Type 2D1 sealed beam 7" diameter headlamps fulfill the headlighting requirements of the Standard, your question must be viewed as whether a supplement to the headlighting system is permissible under Standard No. l08.

Paragraph S4.l.3 of Standard No. l08 permits the addition of nonrequired lighting equipment provided it does not impair the effectiveness of the equipment that the standard requires. The two Type 1C1 5 3/4" diameter sealed beam lamps in a four lamp headlighting system form the major portion of an upper beam headlighting system. The two Type 2D1 lamps in a two lamp headlighting system form the whole of an upper beam headlighting system. Thus, a vehicle furnished with the systems you posit would be equipped with more than one upper beam headlighting system. The Type 2D1 system must be designed to conform to the photometric requirements of SAE Standard J579c DEC79 "Sealed Beam Headlamp Units for Motor Vehicles." The SAE Standard establishes at two test points, H-V and 4 D-V, maximum allowable candela of 75,000 and 5,000 respectively for each Type 2D1 headlamp. This means that the maximum allowable candela for headlighting systems at these test points is 150,000 and l0,000 candela. The Type 1C1 headlamps will also be designed to conform to SAE J579c. Corresponding maxima at test points H-V and 4 D-V for Type 1C1 systems are 60,000 and 5,000. Thus, a vehicle equipped with the lamps you have described could emit a total of 270,000 candela at test point H-V (when only 150,000 is permitted), and 20,000 at 4D-V (when only l0,000 is allowable).

Agency research has shown that candela readings in excess of 150,000 greatly increase the potential for glare with little increase in seeing ability. This glare would be visible both to the driver of an oncoming car, and the driver of the modified vehicle itself through creation of a "veiling" glare. The addition of the Type 1C1 headlamps would therefore impair the effectiveness of the Type 2D1 headlighting system, and is forbidden by S4.1.3.

We appreciate your interest in safety.

Sincerely,

Erika Z. Jones Chief Counsel

ref:108 d:9/12/88

ID: 2954o

Mr. M. Iwase, Manager
Technical Administrative Department
Koito Mfg. Co., Ltd.
Shizuoka Works
500, Kitawaki
Shimizu-shi, Shizuoka-Ken
Japan

Dear Mr. Iwase:

This is in reply to your letter of February 22, 1988, asking whether location of a stop and taillamp on a deck lid would comply with Federal Motor Vehicle Safety Standard No. l08. In your opinion this is acceptable because the vehicle complies with the trunk lid closed. You have also asked, alternatively, whether the deck lid is an acceptable location for turn signal lamps.

Section S4.3.1 of Standard No. 108 requires lighting devices to be mounted on "a rigid part of the vehicle...that is not designed to be removed except for repair". In past interpretations the agency has stated that a deck lid is "a rigid part of the vehicle", and that compliance with the standard will be determined with the deck lid closed. Thus, it may be used for mounting lamps and reflectors required by Standard No. 108. However, Table IV specifies the location for rear lamps. Stoplamps, taillamps, rear turn signal lamps, and rear reflex reflectors must be mounted "as far apart as practicable". Although the determination of practicability is initially made by the vehicle manufacturer, the agency in its enforcement efforts would consider whether lighting equipment mounted on the deck lid meets the requirements of Table IV. On the other hand, the separation requirement is not specified for backup lamps and license plate lamps.

I have enclosed for your information a copy of a l980 interpretation that addressed a similar question. As you will note, the agency raised some safety concerns in that letter which could also pertain to your design.

Operation of a motor vehicle in the United States is subject to the laws of the individual States, some of which may prohibit operation of a vehicle when its turn signals and stop lamps are not visible. In summary, we urge you to consider the issues described above, including those raised in the l980 letter, in deciding whether to proceed with this design.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosure

ref: 108 d:9/l5/88

ID: 2956o

Mr. Michael Pomerantz
38th Floor Tower
35 E. Wacker Drive
Chicago, IL 60601

Dear Mr. Pomerantz:

As you requested in a May 27, 1988, telephone conversation with Ms.Fujita of my staff, I am enclosing a copy of our November 27, 1972, letter to Mr.David Humphreys concerning paragraph S4.3 of Standard No. 207, Seating Systems.

Please note that a portion of our letter to Mr. Humphreys regarding seat cushion restraints has been superseded, as explained in our September 2, 1976, letter to Mr. Tokio Iinuma. Although you were concerned only with the language of S4.3 excepting seats "having a back that is adjustable only for the comfort of its occupants," I have enclosed a copy of our letter to Mr. Iinuma for your information.

I understand that you might be contacting us with further questions on Standard No. 207. We look forward to hearing from you.

Sincerely,

Stephen P. Wood Assistant Chief Counsel for Rulemaking

Enclosures ref:207 d:6/7/88

ID: 2965yy

Mr. Stanley L. Dembecki
2303 N. 44th Street, #14-237
Phoenix, AZ 80058

Dear Mr. Dembecki:

This responds to your letter of March 1, 1991, asking for an "evaluation" of your "Flashing' center stop lamp. You have four prototypes: "complete" one and two bulb units "for l984 and older vehicles", and one and two "electronic modules for all third safety brake light retrofits through 1991." In your opinion, "since the new safety brake light utilizes the existing brake light (retrofit) on a previously approved brake light assembly it is reasoned that any evaluation as to durability testing is not really needed."

We understand that your "complete" unit for the older vehicles is a lamp. It is unclear whether the "electronic module" intended for retrofit for newer vehicles is a separate lamp, or a device to be inserted into an existing lamp. However, the issue that your invention presents is not whether further testing of it is required, but whether it is permitted at all under applicable Federal statutes and regulations. We note that you would like to market it both for installation in passenger cars that already have a center lamp, and in those that do not. In short, you intend to sell the lamp/module in the aftermarket for installation on vehicles in use, rather than as original equipment installed by the manufacturer.

Center highmounted stop lamps have been required by Federal Motor Vehicle Safety Standard No. l08 on all passenger cars manufactured on or after September 1, l985 (effectively the l986 model year). You indicate that your lamp flashes momentarily when the brake pedal is applied and thereafter the lamp is steady-burning. Standard No. l08 initially allowed the center lamp to be wired so as to flash with the turn signals but, since September 1, l986, has required the center lamp to be steady-burning at all times when in use. Because your invention is not steady-burning at all times, and is activated by the brake pedal and not the turn signal control, the sale or installation of the invention may be prohibited by Federal law. If this invention is a lamp, it is not a center lamp that conforms to either the initial or current requirements of Standard No. l08 for center lamps. If, on the other hand, it is a module intended for insertion into an existing lamp, its sale or installation could violate existing Federal requirements.

The National Traffic and Motor Vehicle Safety Act forbids the sale of equipment that does not comply with a Federal motor vehicle safety standard. If your invention is sold as a lamp, and intended to replace original equipment center lamps on l986 and subsequent model year cars, its sale would be in violation of the Act. On the other hand, there is no similar prohibition on sale of componentry such as an electronic module that would create a noncompliance once installed. However, there is a prohibition on the installation of such componentry (as well as installation of the invention in lamp form on l986 and subsequent model year cars). The Act forbids a manufacturer, distributor, dealer, or motor vehicle repair business from rendering inoperative in whole or in part any equipment on a vehicle which has been installed pursuant to a Federal motor vehicle safety standard. We interpret this as forbidding the installation of equipment that would take a vehicle out of compliance with a Federal safety standard.

With respect to l985 model and older cars, which Standard No. l08 did not require to be equipped with center lamps, sale of your lamp exclusively for use on these older vehicles would not violate the Act. However, its installation remains subject to the rendering inoperative prohibition discussed above. There are other Federal standards involving equipment to consider. For example, we would be concerned if your lamp interfered with the field of view of the interior rear view mirror, and if its installation would affect the wiring of the other stop lamps so as to interfere with their design performance. However, there should be no problem with the field of view requirements if the lamp size is comparable to the required center lamps.

Once you have satisfied these concerns under Federal law, use of the lamp remains subject to the laws of the individual States in which it is used. We are unable to advise you on these laws, and suggest that you consult for an opinion the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.

Sincerely,

Paul Jackson Rice Chief Counsel ref:l08 d:4/8/9l

ID: 2966yy

Mr. Richard F. Land
Bureau of Manpower and Facilities
Tennessee Department of Health and Environment
287 Plus Park Blvd.
Nashville, TN 37247-0701

Dear Mr. Land:

This responds to your February 12, 1991 letter to Ms. Fujita of my staff concerning the ambulance fleet you recently inspected. Each ambulance had a wooden block mounted under the accelerator pedal to limit the driver's ability to accelerate the vehicle. You state that Tennessee law does not prohibit installation of these "makeshift speed governors." However, you would like to know whether NHTSA's requirements would prohibit installation of the blocks.

The answer to your question is no. In a March 26 telephone conversation with Ms. Fujita, you said that the blocks were installed by the ambulance owner. Our standards do not regulate in any manner how a vehicle owner can modify his or her vehicle.

If the blocks were installed by a motor vehicle manufacturer, distributor, dealer or repair business, certain requirements of the Vehicle Safety Act (copy enclosed) would apply. Section 108(a)(2)(A) of the Act prohibits any person in the aforementioned categories from knowingly "render[ing] inoperative" any equipment or element of design installed in compliance with an FMVSS. However, there would be no rendering inoperative of compliance with the FMVSS for accelerator control systems (FMVSS 124) in the situation you described, because that FMVSS does not establish requirements for accelerator pedal actuation. Of course, the installation of the block must not have rendered inoperative compliant equipment or designs on the vehicle that were installed pursuant to other safety standards. For example, the block must not interfere with the vehicle's braking ability.

I hope this information is helpful. Please contact us if you have further questions.

Sincerely,

Paul Jackson Rice Chief Counsel

Enclosure ref:VSA#124 d:4/l2/9l

ID: 2967yy

Mr. Howard "Mac" Dashney
Pupil Transportation Consultant
Michigan Department of Education
P.O. Box 30008
Lansing, Michigan 48909

Dear Mr. Dashney:

This responds to your letter of February 19, 1991. In your letter you asked several questions regarding the purchase, sale, and use of motor vehicles used to transport students to and from school and related events. Where two or more questions concern a common issue, they are addressed by a single response.

Question 1: Do Federal Motor Vehicle Safety Standards (FMVSS) apply to multi-purpose vehicles with seating positions for more than 10 passengers, passenger vans, used to transport students to and from school and related events?

Question 5: Are there FMVSS's in effect for occupants of sedans, station wagons, or mini-vans with seating positions for fewer than 10 passengers used to transport students to and from school and related events?

The answer to both questions is yes. NHTSA has issued FMVSS covering all of the types of motor vehicles mentioned in your questions. The application section of each FMVSS indicates which types of motor vehicles are required to comply with its provisions.

The motor vehicles you refer to in Question 1 are considered "schoolbuses" by this agency. A "school bus" is a motor vehicle designed to carry 11 or more persons, including a driver, and sold for transporting students to and from school and school-related events (49 CFR 571.3). New school buses must comply with the Federal Motor Vehicle Safety Standards (FMVSS) for "buses" and also those for "school buses." The following is a list of the FMVSS that include requirements for school buses:

Standards No. 101 through No. 104; Standard No. 105 (school buses with hydraulic service brake systems); Standards No. 106 through No. 108; Standards No. 111 through 113; Standard No. 115; Standard No. 116 (school buses with hydraulic service brake systems); Standard No. 119; Standard No. 120; Standard No. 121 (school buses with air brake systems); Standard No. 124; Standards No. 201 through No. 204 (school buses with a GVWR of 10,000 pounds or less); Standard No. 205; Standards No. 207 through No. 210; Standard No. 212 (school buses with a GVWR of 10,000 pounds or less); Standard No. 217; Standard No. 219 (school buses with a GVWR of 10,000 pounds or less); Standard No. 220; Standard No. 221 (school buses with a GVWR greater than 10,000 pounds); and Standards No. 222, 301, and 302.

These standards are part of 49 CFR 571. I have enclosed information on how you can obtain copies of the FMVSS.

Regarding the motor vehicles mentioned in Question 5, definitions of other motor vehicle types are also found in 49 CFR 571.3. For instance, "multipurpose passenger vehicle" is defined as "a motor vehicle with motive power, except a trailer, designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation" (49 CFR 571.3(b)). "Passenger car" is defined as " a motor vehicle with motive power, except a multipurpose passenger vehicle, motorcycle, or trailer, designed for carrying 10 persons or less" (49 CFR 571.3(b)).

Question 2: Is it legal for automobile manufacturers or dealers to lease or sell passenger vans to school districts or private fleet operators when the purpose of those vehicles is to transport students to and from school and related events?

Question 6: Is it legal for automobile manufacturers or dealers to lease or sell sedans, station wagons, and mini-vans to school districts or private fleet operators for the purpose of transporting students to and from school and related events?

Assuming that the particular vehicle manufactured or sold complies with all FMVSS that apply to that type of vehicle, the answer to your question is yes. Note however, that unlike other motor vehicle types, a school bus is defined by both the vehicle's seating capacity and its intended use. If a manufacturer or dealer is aware that the intended use of a vehicle is to transport students to and from school and related events, it is a violation of Federal law to sell a vehicle with a capacity of 11 or more persons, including the driver, unless the vehicle complies with all FMVSS applicable to school buses.

Question 3: Does a school district or private fleet operator increase its liability risk if it purchases passenger vans to transport students to and from school and related events?

Question 4: Does a school district or private fleet operator increase its liability risk if it uses passenger vans to transport students to and from school and related events?

Question 7: Does a school district or private fleet operator increase its liability risk if it purchases sedans, station wagons, or mini-vans to transport students to and from school and related events?

Question 8: Does a school district or private fleet operator increase its liability risk if it uses sedans, station wagons, or mini-vans to transport students to and from school and related events?

Liability risk is a question of state, not Federal law. I am not qualified to offer an opinion on how these issues would be resolved under Michigan law. I suggest that you contact the Attorney General for the State of Michigan for an opinion on the application of Michigan law to these situations. You may also wish to consult your agency's attorney and insurance company for more information.

I must emphasize, however, NHTSA's position that a vehicle meeting Federal school bus regulations is the safest way to transport students. In addition, I encourage your school districts to give their most careful consideration to the possible consequences of transporting students in vehicles other than school buses.

I hope that you find this information helpful. If you have further questions, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel

Enclosures ref:VSA#571.3 "school bus" d:4/l2/9l

ID: 2968yy

Mr. Jerald L. Mikesell
Assistant Superintendent
Sierra Vista Public Schools
District Administration Office
3555 Fry Boulevard
Sierra Vista, Arizona 85635

Dear Mr. Mikesell:

This responds to your letter of March 25, 1991 requesting "a copy of the federal regulations regarding school vans being used for transporting students." Your letter notes that you "are especially interested in the number of students which can be transported before a van is considered a school bus."

I am pleased to have this opportunity to clarify the operation of Federal law as it applies to school buses. Federal law regulates the manufacture and sale of new vehicles. The capacity of a van used to transport students will determine whether the van is considered a "school bus" or a "multipurpose passenger vehicle" under Federal law. The National Highway Traffic Safety Administration (NHTSA) defines "school bus" as a motor vehicle designed for carrying 11 or more persons, including a driver, and sold for transporting students to and from school or school-related events. Given the wording of your letter, I emphasize that it is the capacity of vehicle, not the number of students actually transported, which determines whether a vehicle is a school bus. NHTSA defines "multipurpose passenger vehicle" as a motor vehicle designed for carrying 10 persons or less constructed on a truck chassis.

NHTSA has issued Federal motor vehicle safety standards applicable to all new vehicles. It is a violation of Federal law for any person to manufacturer or sell any new vehicle that does not comply with all applicable safety standards. The Federal motor vehicle safety standards are contained in Title 49 of the Code of Federal Regulations (CFR), Part 571. You may find a copy of 49 CFR Part 571 at a Federal Depository Library in your State. If you so choose, you may purchase a copy of the volume of Title 49 which includes Part 571 from the United States Printing Office (GPO), Washington, D.C., 20402, (202) 783-3238.

To determine whether your school district may use a vehicle other than a school bus to transport school children, you must look to state law. This is so because the individual States, not the Federal government, have authority over the use of motor vehicles. In addition, use of vehicles other than school buses could result in increased liability in the event of an accident. You might want to consult your attorney and insurance company to discuss this matter. I must emphasize NHTSA's position that a vehicle meeting Federal school bus regulations is the safest way to transport students. I encourage your school district to give its most careful consideration to the possible consequences of transporting students in vehicles that do not comply with these regulations.

I hope you find this information helpful. If you have further questions, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel

ref:571.3 "school bus" d:4/l2/9l

ID: 2969yy

Ms. Jessie M. Flautt
4405 Lafayette Street
Bellaire, TX 77401

Dear Ms. Flautt

This responds to your letter to Mr. Steve Kratzke of my staff, requesting that the National Highway Traffic Safety Administration (NHTSA) grant permission to a repair business to modify your motor vehicle.

You explained that you are under five feet, two inches and legally blind in one eye. You further explained that, due to the increased size of headrests in recent years, you are unable to locate a 1991 automobile which does not have headrests which impede your field of vision. You wish to arrange to have the size of the headrests in a 1991 automobile reduced. You asked if you could obtain permission from this agency to permit this modification. I hope the following discussion explaining our regulation will be of assistance to you.

I would like to begin by clarifying that there is no procedure by which persons petition for and are granted permission from NHTSA to arrange to have a motor vehicle repair business modify their motor vehicle. Repair businesses are permitted to modify vehicles without obtaining permission from NHTSA to do so, but are subject to certain regulatory limits on the type of modifications they may make. In certain limited situations, we have exercised our discretion in enforcing our regulations to provide some allowances to a repair business which cannot conform to our regulations when making modifications to accommodate the special needs of persons with disabilities. Since your situation is among those given special consideration by NHTSA, this letter should provide you with the relief you seek.

Our agency is authorized to issue Federal Motor Vehicle Safety Standards (FMVSS) that set performance requirements for new motor vehicles and items of motor vehicle equipment. Manufacturers are required by the National Traffic and Motor Vehicle Safety Act (Safety Act) to certify that their products conform to our safety standards before they can be offered for sale. Manufacturers, distributors, dealers and repair businesses modifying certified vehicles are affected by 108(a)(2)(A) of the Safety Act. It prohibits those businesses from knowingly rendering inoperative any elements of design installed on a vehicle in compliance with a FMVSS. In general, 108(a)(2)(A) would require repair businesses which modify motor vehicles to ensure that they do not remove, disconnect or degrade the performance of safety equipment installed in compliance with an applicable safety standard. Violations of 108(a)(2)(A) are punishable by civil fines up to $1,000 per violation.

In situations such as yours where a vehicle must be modified to accommodate the needs of a particular disability, we have been willing to consider any violation of 108(a)(2)(A) a purely technical one justified by public need. I can assure you that NHTSA would not institute enforcement proceedings against a repair business that modifies the headrest on your vehicle to accommodate your condition. We caution, however, that only necessary modifications should be made to the headrest to accommodate your condition and we urge your dealer to modify your vehicle in such a manner that would not degrade from the safety currently provided by your vehicle. Many manufacturers are currently installing headrests in vehicles which exceed the minimum dimensions required by FMVSS No. 202, Head Restraints. I urge you not to have your headrest reduced below these dimensions if it is not necessary for your field of view.

If you have further questions or need some additional information in this area, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel

/ref:VSA, 202 d:3/26/9l