Search Interpretations

Interpretation ID: MCI_removable_lift

    Ms. Michelle Filippi
    Motor Coach Industries
    1700 E. Golf Rd. Suite 300
    Schaumburg, IL 60173


    Dear Ms. Filippi:

    This responds to your letter in which you asked about Federal Motor Vehicle Safety Standard (FMVSS) No. 404, Platform lift installations in motor vehicles, with respect to vehicles designed to accept a platform lift by means of "quick connects". In your letter you stated that your company, Motor Coach Industries (MCI), manufactures over-the-road coach buses, including wheelchair accessible coaches. You explained that some of your customers have requested that MCI offer a vehicle/wheelchair lift system that would allow a lift to be removed from one coach and installed on an acceptable coach through the use of quick disconnects.

    You expressed concern with the implications of FMVSS No. 404 to such a system, in that the lifts "can be taken out and re-installed by various MCI or customer technicians". You asked that we advise you about the agencys position on this issue.

    I will reply to your letter by discussing how FMVSS No. 404 applies in the situation you described.

    By way of background, the agency established FMVSS Nos. 403, Platform lift systems for motor vehicles, and 404 in order to protect individuals that are aided by canes, walkers, wheelchairs, scooters, and other mobility devices and rely on platform lifts to enter/exit a motor vehicle. FMVSS No. 403 is an equipment standard that specifies minimum performance requirements for platform lifts designed for installation on motor vehicles. FMVSS No. 404 requires that vehicles that are manufactured with platform lifts comply with a set of minimum requirements. Platform lifts manufactured on and after April 1, 2005, must comply with FMVSS No. 403. Vehicles manufactured with platform lifts on and after July 1, 2005, must comply with FMVSS No. 404.

    Applicability of FMVSS No. 404 to a "Quick Connect" System

    The central factor in determining the applicability of FMVSS No. 404 to a "quick connect" vehicle/lift system is whether the vehicle is originally equipped with the lift. 49 U.S.C. 30112 prohibits, in part, the manufacture for sale and the offer for first retail sale of a vehicle that is not certified as complying with all FMVSSs applicable at the vehicles date of manufacture. Each vehicle manufactured with a lift on or after July 1, 2005, must be equipped with an FMVSS No. 403 compliant lift and must comply with FMVSS No. 404. If a lift is installed after a vehicle is certified by the vehicle manufacturer, but prior to first retail sale, the vehicle as altered must comply with all standards affected by the alteration; i.e. , the vehicle must comply with FMVSS No. 404 and all other applicable standards. Conversely, if a vehicle is manufactured to accept a "quick disconnect" platform lift, but is not equipped with a platform lift up to the point of first retail sale, then FMVSS No. 404 would not apply.

    "Make Inoperative" Provision

    Generally, FMVSSs apply to motor vehicles and motor vehicle equipment up to their first retail sale. See 49 U.S.C. 30112. After the first retail sale of a vehicle, manufacturers, distributors, dealers, and repair businesses are prohibited from "making inoperative" any device or element of design installed on or in a motor vehicle in compliance with an applicable standard (49 U.S.C. 30122; "make inoperative" provision).

    If a vehicle not required to comply with FMVSS No. 404 (e.g. , a "quick connect" bus that was not equipped with a lift as manufactured or sold at first retail sale) has a "quick disconnect" lift added by one of the above named businesses after the first retail sale, the vehicle would not be required to comply with FMVSS No. 404. However, if a "quick disconnect" lift were added by any of the above named businesses, the addition of the lift must not cause any applicable FMVSS to be made inoperative.

    Manufacturers, distributors, dealers, and repair businesses would be prohibited from removing a vehicle certified to FMVSS No. 404 from compliance with that standard. While a vehicle certified to FMVSS No. 404 must be equipped with an FMVSS No. 403-compliant lift, we would not consider removal of the lift a violation of the "make inoperative" provision. In that instance compliance was premised on the presence of a platform lift. However, if a lift were then reinstalled on such a vehicle, the vehicle would be required to comply with FMVSS No. 404 based on that lift model.

    Applicability of FMVSS No. 403

    As noted above, a "quick disconnect" platform lift manufactured on or after April 1, 2005, must comply with FMVSS No. 403. The equipment standard requires in part that the lift be accompanied by instructions that identify the vehicles on which the lift is designed to be installed (S16.13.1), and that the instructions specify procedures for operational checks that the vehicle manufacturer must perform to verify that the lift is fully operational and compliant (S16.13.2).

    However, the agency recognizes that the installation of a compliant lift onto a vehicle that is not required to comply with FMVSS No. 404 may require removal or alteration of elements installed on the lift for purposes of compliance with FMVSS No. 403; e.g. , removal or alteration of the threshold warning system. Because the vehicle is not required to be equipped with an FMVSS No. 403 compliant lift, we would not consider alterations to the lift in this situation as making the lift inoperative with FMVSS No. 403 within the meaning of 49 U.S.C. 30122. However, with a system for which a vehicle was designed to accept a lift, we would not expect such alterations to be necessary.

    If you have any further questions, please contact Mr. Chris Calamita of my staff at (202) 366-2992.

    Sincerely,

    Jacqueline Glassman
    Chief Counsel

    ref:403#404
    d.2/11/05