Interpretation ID: aiam3923
President
Mid Bus Inc.
P.O. Box 1985
Lima
OH 45802;
Dear Mr. Metzger: This responds to your February 22, 1985 letter to the National Highwa Traffic Safety Administration (NHTSA) requesting clarification of this agency's definition of a bus. A 'bus' is defined in the definitions section of our motor vehicle safety standards (49 CFR 571.3) as 'a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons.' You asked whether a vehicle's classification under our regulation is based on the seating capacity of the vehicle as designed, which may vary, or the actual seating capacity of the vehicle as manufactured.; The National Traffic and Motor Vehicle Safety Act require manufacturers to certify that their vehicles as manufactured, comply with our safety standards. Thus, the agency uses the actual seating capacity of the vehicle as manufactured to determine the classification of the vehicle. NHTSA determines the seating capacity of a motor vehicle by identifying the number of designated seating positions in the vehicle. 'Designated seating position' is defined in S571.3 as 'any plan view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and design and vehicle design is such that the position is likely to be used as a seating position while the vehicle is in motion, except for auxiliary seating accommodations such as temporary or folding jump seats....' Consistent with this definition, we have also counted positions designed to accommodate wheelchairs in determining vehicle seating capacity for the determination of vehicle classification. Under our regulations, a vehicle having a total of more than 10 designated seating positions and wheel chair positions is a bus and a vehicle having a total of 10 or less positions is either a passenger car or a multipurpose passenger vehicle (MPV).; You asked why you are not permitted to build a 6 passenger MPV exactl as you manufacture a school bus. As a MPV, your vehicle must be certified as meeting all of the standards applicable to that vehicle type. You may also voluntarily manufacture the vehicle in compliance with the requirements of our school bus safety standards, as long as the vehicle continues to comply with our standards for MPV's.; A final rule was recently published in the Federal Register (50 F 12029, March 27, 1985) amending Standard No. 206, *Door Locks and Door Retention Components* to exclude doors equipped with wheelchair lifts and audible or visual alarms from the requirements of the Standard. Since you expressed an interest in that amendment, I have enclosed a copy of the final rule for your information.; Sincerely, Jeffrey R. Miller, Chief Counsel