Interpretation ID: 7763
Division Manager
Huntleigh Transportation Services Inc.
#12 Millpark Court
Maryland Heights, MO 63043
Dear Ms. Lang:
This responds to your letter of September 12, 1992, requesting information on regulations concerning bus conversions. Your company converts the interior of buses by installing such materials as carpets, wall coverings, and blinds. In particular you asked for information on regulations concerning the attachment of seats to vehicles and the material used for the construction of seats. 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.
NHTSA has exercised its authority to establish one safety standard relevant to seating, Standard No. 207, Seating Systems, which establishes strength and other performance requirements for vehicle seats. However, this standard excludes passenger seats on buses from these performance requirements. There is one other safety standard that could be affected by the work your company performs. Standard No. 302, Flammability of Interior Materials, specifies burn resistance requirements for materials used in motor vehicles, including buses.
If your company converts previously certified buses, it could be considered an alterer under our regulations. Under 49 CFR Part 567, Certification, an alterer is defined as:
A person who alters a vehicle that has been previously certified ... other than by the addition, substitution, or removal of readily attachable components such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, ... before the first purchase of the vehicle in good faith for purposes other than resale ....
If considered an alterer, your company would be subject to the certification requirements of 49 CFR 567.7. These requirements include provisions that the alterer supplement the original manufacturer's certification label, which must remain on the vehicle, by affixing an additional label. The label must state that the vehicle as altered conforms to all applicable Federal motor vehicle safety standards, including Standard No. 302. The label must also state the name of the alterer and the month and the year in which the alterations were completed.
Your company would not be subject to the certification requirements of 49 CFR 567.7 if the modifications involve only readily attachable components. However, the modifications would still be affected by section 108(a)(2)(A) of the Safety Act. That section provides that:
No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle . . . in compliance with an applicable Federal motor vehicle safety standard.
Any violation of this "render inoperative" prohibition would subject the violator to a potential civil penalty of up to $1,000 for each violation.
I hope you find this information helpful. I have enclosed an information sheet for new manufacturers of motor vehicle equipment that briefly explains the responsibilities imposed on manufacturers, and tells how to get copies of the relevant laws and regulations. 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
Enclosure ref:#207,#301 d:10/20/92