Interpretation ID: Braun_0001630v2
Barry E. Wolff, Director of Risk Management
The Braun Corporation
631 West 11th Street
P.O. Box 310
Winamac, IN 46996
Dear Mr. Wolff:
This responds to your request for the agency to refrain from taking enforcement action on account of vehicle alterations your company intends to make. You stated that certain alterations to accommodate individuals with disabilities would result in a non-compliance under Federal Motor Vehicle Safety Standard (FMVSS) No. 225, Child restraint anchorage systems. As explained below, we have decided against providing the requested relief.
Under the Federal motor vehicle certification requirements, a business that modifies fully certified vehicles prior to first sale for purposes other than resale is classified as an alterer (49 CFR 567.7, Requirements for persons who alter certified vehicles). An alterer must identify all of the safety standards affected by an alteration and certify that, as altered, each vehicle conforms to all applicable Federal motor vehicle safety standards affected.
In your letter you explained that Braun, as a vehicle alterer, converts new, fully certified motor vehicles to accommodate wheelchairs and then sells the newly-certified motor vehicles. You explained that a minivan conversion to provide for wheelchair access typically eliminates the second row of seating, including the compliant child restraint anchorage systems (LATCH systems) installed in that row. Under FMVSS No. 225, vehicles with three or more forward-facing rear designated seating positions must have in the rear seating positions a minimum of two LATCH systems and an additional tether anchorage. To bring the vehicle back into compliance with FMVSS No. 225, you stated that two LATCH systems are added to what was originally the third row of seating.
As explained by your letter and in a subsequent telephone conversation with Mr. Chris Calamita of my staff, one version of the model year 2005 Chrysler minivan is presenting a problem. This is because the new "Stow and Go" seat installed in the third row of the more expensive version of the minivan utilizes a 60/40 split bench seat design. The larger portion of the seat is already equipped with a compliant LATCH system. However, according to your letter, the smaller portion of this split bench seat is too narrow to permit installation of an aftermarket LATCH system that meets the requirements of FMVSS No. 225. Thus, Braun would be unable to certify compliance with FMVSS No. 225 using the existing "Stow and Go" seat. Additionally, simply replacing that seat with another seat is difficult because the "Stow and Go" seat folds into the floor pan of the vehicle.
NHTSA has established a limited exemption from the Federal motor vehicle safety standards in order to accommodate individuals with disabilities (49 CFR 595 Subpart C, Vehicle Modifications To Accommodate People With Disabilities). The exemption is only available to motor vehicle repair businesses making certain vehicle modifications after first sale for purposes other than resale (first retail sale). Under limited circumstances, a vehicle manufacturer, including an alterer, can qualify for the exemption as a motor vehicle repair business. However, it appears from your letter that this exemption would not be available to Braun as the vehicle modifications your company makes are completed prior to first retail sale. Accordingly, we are unable to provide the relief you request regarding this vehicle.
If you have any further questions, please contact Mr. Calamita at (202) 366-2992.
Sincerely,
Jacqueline Glassman
Chief Counsel
ref:225
d.6/18/04