Interpretation ID: nht81-3.31

DATE: 11/02/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Department of Transportation - New York

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your September 8, 1981 letter enclosing correspondence from Mrs. Barbara Stephens asking about extending the seat spacing in a school bus that is designed to transport handicapped children. You ask for general guidance in this area.

First, let me say that the safety standards apply to manufacturers of vehicles as well as those individuals that alter new motor vehicles. Further, repair businesses are not permitted to render inoperative the compliance of a vehicle with the safety standards. On the other hand, nothing prohibits an individual from rendering inoperative the compliance of his or her own vehicle with any safety standard.

In specific reference to seat spacing in school buses, two general rules apply. First, seat spacing is not regulated in vehicles with gross vehicle weight ratings (GVWR) of 10,000 pounds or less. Accordingly, any modification of seat spacing in these vehicles is permissible. Second, in vehicles with GVWR's in excess of 10,000 pounds, seat spacing is regulated, and a manufacturer may not produce a vehicle whose spacing exceeds the specifications set in Standard No. 222, School Bus Passenger Seating and Crash Protection. Further, a repair business may not affect the seat spacing in a way that would violate the standard. An owner, however, may change the spacing in his or her own vehicle.

The agency has specifically provided for the transportation of the handicapped by allowing the installation of side-facing seats in school vehicles designated for handicapped transportation. We would suggest that this is a more suitable approach than extending seat spacing. By extending seat spacing, a school would be taking its vehicles out of compliance with the safety standards. In the event of an accident involving one of these vehicles, the school might be subject to unnecessary liability for having made these modifications to its vehicles.

I hope that this will be of use to you in advising schools of the Federal requirements, and if I can be of further assistance, please contact me.

SINCERELY,

NEW YORK STATE

DEPARTMENT OF TRANSPORTATION

September 8, 1981

Roger Tilton Office of Chief Counsel N.H.T.S.A.

Dear Mr. Tilton:

We recently received the attached request and contacted a member of your organization (Mr. Robert Williams) to determine the application of Federal Motor Vehicle Safety Standards once a vehicle reaches the users hands.

Since Medical Motor Service intended to modify the vehicle after taking title, it was determined that the standards did not apply since they are designed for manufacturers and manufacturers' representatives.

In discussing this situation, it was decided that we should send you a copy of the request since your organization is in the process of analyzing needs for handicapped transportation. We would appreciate your reactions and thoughts concerning the proposed modification. It is quite possible that similar circumstances might arise in the future and since we have no substantive guidelines to follow, your research in this general area might provide us with some input that will enable us to better cope with these situations.

We have already advised the company officials that there are no restrictions that would deny them the right to modify their vehicle so we are not delaying this operation in anyway while your review process takes place. Thank you for any help you can provide in this area.

JOHN H. SHAFER, Director Traffic and Safety Division

BY

MARTEN V. CHAUVIN, Chief Carrier Safety Bureau

ATTACH.

CC: BARBARA M. STEPHENS, EXECUTIVE DIR, MEDICAL MOTOR SERVICES; G. HUSSONG, TRAFFIC & SAFETY, REGION