Interpretation ID: 7808
United States Senate
1020 Plymouth Building
12 S. 6th Street
Minneapolis, MN 55402
Dear Senator Durenberger:
Thank you for your letter on behalf of your constituent, Mr. Mark Gassert, regarding the installation of the Drivemaster One-Arm-Drive hand control system in a van. I am pleased to have this chance to provide you the following information.
Section 103 of the National Traffic and Motor Vehicle Safety Act (the Safety Act; 15 U.S.C. 1392) authorizes NHTSA to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and new items of motor vehicle equipment. Manufacturers are required to certify that their products meet all applicable safety standards. NHTSA periodically tests certified products to ensure that they do, in fact, comply with applicable standards, and investigates allegations that products contain defects related to motor vehicle safety.
If a new vehicle were altered by installation of adaptive controls prior to the vehicle's first sale to a consumer, the person making the installation would be considered an "alterer" and would be required by 49 CFR Part 567, Certification, to certify that the vehicle continues to comply with all applicable safety standards affected by the alteration.
Based upon the information in Mr. Gassert's letter, it appears that requirements for new light trucks and vans in Standard No. 208, Occupant Crash Protection, which were upgraded as of September 1, 1991, may be preventing him from purchasing a new van with a hand control system. Light trucks and vans manufactured on or after that date must be capable of providing occupant crash protection to belted front seat occupants when the vehicle is crash tested at 30 miles per hour (mph) into a concrete barrier. A vehicle that provides this crash protection will increase the safety of vehicle occupants.
As a result of this new requirement, this agency has recently received a number of phone calls and letters, from van converters and individuals, suggesting that the new light truck and van crash testing requirement will, in effect, prohibit van converters from modifying vehicles to accommodate the special needs of persons in wheelchairs. The agency has also received a petition from the Recreation Vehicle Industry Association (RVIA) requesting an amendment to the light truck and van crash test requirement "to eliminate requirements that inadvertently discriminate against individuals with disabilities including individuals who use wheelchairs."
On January 9, 1992, the agency granted the RVIA petition. On August 5, 1992, the agency issued a notice of proposed rulemaking (NPRM) to amend the requirements of Standard No. 208 to give manufacturers of certain light trucks and vans the option of installing non-dynamically tested manual safety belts instead of complying with the dynamic testing requirements. I have enclosed a copy of the NPRM with this letter. Because of the importance of this subject, the agency has decided it is more appropriate to address it comprehensively, in the context of a rulemaking, instead of in a piecemeal fashion, in response to letters presenting individual cases and individual aspects of the subject. By addressing this subject comprehensively, NHTSA will be able to ensure that the resulting requirement offers persons in wheelchairs the best possible safety protection.
However, the agency is aware that Mr. Gassert and others who need to purchase a new vehicle need more immediate relief than a rulemaking can offer. Therefore, as explained in the NPRM, the agency has stated that it will not conduct any dynamic testing under Standard No. 208 of vehicles modified for operation by persons with disabilities while this rulemaking is pending. This should allow Mr. Gassert and others to purchase a new vehicle while this decision is pending.
I hope you find this information helpful. If you have any other questions, please feel free to contact me at this address or by phone at (202) 366-2992.
Sincerely,
Paul Jackson Rice Chief Counsel
Enclosure
cc: Washington Office ref:208 NCC-20:MVersailles:mar:62992:10/07/92 U:\NCC20\INTERP\208\7808.MLV cc: NCC-01 Subj/Chron, NCC-20 MV, NRM-01, NEF-01 Interps:208, Redbook (2)