Interpretation ID: nht74-3.43

DATE: 05/10/74

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: City of Philadelphia

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of March 5, 1974, inquiring whether manufacturers of 4-door sedans to be sold to the City of Philadelphia at police vehicles may, consistently with Federal requirements, remove the window and door handles from the rear doors. You state that the vehicle manufacturers claim that Federal requirements prohibit them from modifying the vehicle in this fashion.

Federal Motor Vehicle Safety Standard No. 206 (49 CFR 571.206) requires each passenger car rear door to have a locking mechanism that is operable from within the vehicle and that, when engaged, renders the outside an inside door handles inoperative. This requirement applies to the locking mechanism. We do not interpret it to require an inside door handle. There are no Federal standards which require the installation of passenger car window handles.

The fact that in this case the vehicles are intended for government use is immaterial. To clarify the phone conversation which preceded your letter, Section 103(d) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1392(d)) allows a State or its political Subdivision to require that motor vehicles and motor vehicle equipment procured for its own use meet a higher standard of preformance than the Federal safety standard, but all vehicles must meet the Federal safety standards.

We are pleased to be of assistance.

SINCERELY,

CITY OF PHILADELPHIA

March 5, 1974

Lawrence Scheider Chief, National Highway Traffic Safety Administration

The City of Philadelphia is in the process of purchasing 1,000 four-door passenger Sedans to be used as police vehicles. We have requested the bidding manufacturers to remove the window and door handles from the rear doors of the vehicles. We have been told by the manufacturers that there is a federal regulation which prohibits this modification.

On March 1, 1974, I spoke via telephone with Mr. Stanley Feldman, Esquire, from your office regarding this matter. It was Mr. Feldman's opinion that modifications which are normally adhered to by federal regulations may be changed to suit our particular needs since the City of Philadelphia is a political sub-division of the Commonwealth of Pennsylvania.

I would appreciate receiving your written verification on Mr. Feldman's opinion prior to any further negotiations with the vehicle manufacturers.

Please send your response to the undersigned, City of Philadelphia, 1600 Municipal Services Building, Philadelphia, PA 19107.

CHARLES W. MURPHY

Safety Director