Interpretation ID: nht79-3.47

DATE: 03/21/79

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Sheller-Globe Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your January 22, 1979, letter asking several questions about the application of Standard No. 217, Bus Window Retention and Release. These questions involve the construction of a bus with a door that is made inoperable until its user desires to install a lift gate.

First, you ask whether a door that is always operable must comply with all of the standard's requirements. The answer to this question is yes. In a related question, you ask whether the lettering and operating instructions must be removed if a user subsequently installs a lift gate and the exit no longer complies with the necessary opening dimensions of Standard No. 217.

As you know, only the manufacturer of the vehicle prior to first purchase is responsible for ensuring the compliance of the completed vehicle with the applicable safety standards. Subsequent to the first purchase, no manufacturer, dealer, distributor, or repair business may knowingly render inoperative any device or element of design installed in a vehicle in compliance with a safety standard.

Any of the above-mentioned businesses may install a lift gate in a vehicle as long as they do not otherwise knowingly render inoperative the compliance of the vehicle. Accordingly, for example, a lift gate could be installed as long as sufficient other emergency exits are available in a vehicle so that it remains in compliance with the requirements. The fact that the exit in which the lift is installed no longer complies is not important as long as there continues to be sufficient exits in the vehicle to continue its overall compliance with the standard. The National Highway Traffic Safety Administration's authority over the modification of vehicles after first purchase extends to preventing the rendering inoperative of the vehicle with the safety standards. The agency does not have the authority to force a modifier of a vehicle, after its first purchase, to undertake other responsibilities. Therefore, it would not be necessary for modifiers to remove the operating instructions or lettering applicable to the former emergency exit, although the NHTSA would encourage them to do so to avoid possible confusion in the event of an accident.

If a dealer or other business installs a lift gate prior to first purchase, it becomes an alterer of the vehicle and must attach an alterer's label indicating compliance of the altered vehicle with the standards. In such a case, the alterer would be required to remove the label and operating instructions from the exit in which the gate was installed.

Finally, you ask whether a door that is constructed so as to be inoperable by either removing the operating mechanism or through the installation of a rub rail over its outside would have to comply with the requirements applicable to joints (Standard No. 221, School Bus Body Joint Strength). When a door is made inoperable by a vehicle manufacturer in the manner you suggest, it becomes part of the bus wall structure. As such, any joints on the door that would fall within the ambit of the joint strength standard would be required to comply with that standard.

Sincerely,

ATTACH.

SHELLER-GLOBE CORPORATION Vehicle Planning and Development Center

January 22, 1979

Office of Chief Counsel -- National Highway Traffic Safety Administration

Dear Sir:

The purpose of this letter is to request interpretation relating to FMVSS 217 - Emergency Exits.

We are receiving requests from our customers to install a door in the right-hand side of the bus. The purpose of the door is to allow for possible installation of a lift gate at a later date, to convert to handicap use. The bus could be equipped with or without a seat installed at the door location.

(1) If the door is in operating condition it is our interpretation it must meet all requirements as to size, labels, operating forces, etc. Is this interpretation correct?

(2) The door would be installed in such a manner it could not be operated. Examples could be no operating mechanism or a rub rail across the door on the outside of the body.

In this case, would the door assembly be considered a part of the body and joints of panels on the door be required to meet FMVSS 221 - Joint Strength?

(3) If the answer to number one is yea, it must comply with all operating force, labels, etc., of FMVSS 217, then if at a later date the customer or dealer installs a lift gate which blocks the opening, is it still a requirement to have the clear 20 x 13 opening, and if it does not have the opening, must the lettering operating instructions, etc., be removed?

(4) If the bus is an adult bus and the door does not serve as an emergency exit after installation of a lift, who assumes the responsibility to make sure the necessary square inch of exits are provided? (As required by S5.2 of FMVSS 217)

Your prompt reply to the above questions will be greatly appreciated.

Very truly yours, R. M. Premo - Director Vehicle Safety Activities