Interpretation ID: 7721
Van Conversions, Inc.
5255-Suite 16 Hull St.
Richmond, VA 23224
Dear Mr. Boone:
This responds to your letter of September 4, 1992 requesting information on standards applicable to vans you manufacture for use by day care centers. These vehicles have a 21 passenger capacity. During a September 16 phone conversation between Mary Versailles of my staff and Mr. George Croft of Van Conversions, Inc., Mr. Croft indicated that your company purchases incomplete vehicles manufactured by Ford (the E-250 chassis) and completes them into finished vehicles, by such operations as installing seats and seat belts. According to Mr. Croft, the completed vehicles have a gross vehicle weight rating (GVWR) of less than 10,000 pounds. Mr. Croft stated that your company was particularly interested in new requirements for lap/shoulder belts. I am pleased to have this opportunity to explain our law and regulations to you.
The National Traffic and Motor Vehicle Safety Act (the Safety Act; 15 U.S.C. 1381 et seq.) authorizes this agency to issue Federal motor vehicle safety standards applicable to new motor vehicles and new items of motor vehicle equipment. Section 108(a)(1)(A) of the Safety Act (15 U.S.C. 1397(a)(1)(A)) prohibits any person from manufacturing, introducing into commerce, selling, or importing any new motor vehicle or item of motor vehicle equipment unless the vehicle or equipment item is in conformity with all applicable safety standards. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.
Your company would be considered a final-stage manufacturer under our regulations. As a final stage manufacturer, your company's certification responsibilities would depend on the information provided by the manufacturer of the incomplete vehicle. Under 49 CFR Part 568, the incomplete vehicle manufacturer must furnish your company with a document which states one of the following three things concerning the incomplete vehicle, for each of the safety standards:
1. The vehicle when completed will conform to the safety standard if no alterations are made to any identified components of the incomplete vehicle.
2. The vehicle when completed will conform to the safety standard if specific conditions are followed by the final-stage manufacturer.
3. Conformity with the safety standard is not substantially affected by the design of the incomplete vehicle, so the incomplete vehicle manufacturer makes no representation as to conformity with the standard.
Your company, as the final stage manufacturer, is required to certify that each vehicle you complete complies with all applicable safety standards. Such certifications may be based entirely upon the incomplete vehicle manufacturer's instructions and advice set forth in the document furnished with the incomplete vehicle.
The 21 passenger vehicles your company manufactures would be considered "buses" under NHTSA regulations. NHTSA defines a "bus" as "a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons." (49 CFR 571.3). In addition, your 21 passenger vehicles might be considered "school buses" if the day care center to which you sell the vehicle would be considered a school. A day care center would be considered a school if the function of the facility was primarily educational, rather than custodial. A "school bus" is defined as "a bus that is sold, or introduced in interstate commerce, for purposes that include carrying students to and from school or related events, but does not include a bus designed and sold for operation as a common carrier in urban transportation."
With respect to seat belts, Federal Motor Vehicle Safety Standard No. 208, Occupant Crash Protection, requires a bus, other than a school bus, with a GVWR of 10,000 pounds or less to have a lap/shoulder belt at every outboard seating position, and either a lap belt or a lap/shoulder belt at every other seating position. Standard No. 208 requires a school bus with a GVWR of 10,000 pounds or less to have a lap/shoulder belt at the driver's and right front passenger's seating positions, and either a lap belt or a lap/shoulder belt at every other seating position.
I am enclosing two publications for your information. The document titled "Federal Motor Vehicle Safety Standards and Regulations" will provide you with a summary description of the requirements of each standard, and a list of the types of vehicles to which each standard applies. The other document is a general information sheet for manufacturers which highlights the relevant Federal statutes and regulations, and explains how to obtain copies of the regulations.
I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.
Sincerely,
Paul Jackson Rice Chief Counsel
Enclosures
ref:568#208 d:9/8/92