Interpretation ID: nht93-3.13

DATE: April 22, 1993

FROM: John Womack -- Acting Chief Counsel, U.S. Department of Transportation, NHTSA

TO: Larry Bluthardt -- Director of Pupil Transportation, Kansas Department of Transportation

TITLE: None

ATTACHMT: Attached to letter dated 3-19-93 from Larry Bluthardt to Patricia Breslin (OCC 8458)

TEXT: This responds to your letter of March 19, 1993, concerning the use of built-up foot operated throttle controls. Your questions and the answers to each follows.

1. IS THERE A VIOLATION OF THE FMCSR'S IN CONJUNCTION WITH THE FMVSS CONCERNING THE MODIFICATION OF A SCHOOL BUS FOOT OPERATED THROTTLE CONTROL OR OTHER EQUIPMENT MODIFICATIONS THAT MAY RELATE TO THE PHYSICAL ACCOMMODATION OF A COMMERCIALLY LICENSED DRIVER TO PERFORM HIS OR HER DUTIES BEHIND THE WHEEL?

My answer is limited to a discussion of the Federal Motor Vehicle Safety Standards (FMVSS's), since NHTSA issued these under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S1381 ET SEQ.; Safety Act). The Federal motor carrier safety regulations (FMCSR's) are issued by the Federal Highway Administration. For information on the FMCSR's you should contact:

Office of Motor Carrier Standards Room 3404 Federal Highway Administration 400 Seventh Street, S.W.

Washington, D.C. 20590 (202) 366-1790

The Safety Act authorizes NHTSA to issue FMVSS's that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. NHTSA has exercised its authority to establish Standard No. 124, ACCELERATOR CONTROL SYSTEM (49 CFR S571.124). Standard No. 124 "establishes requirements for the return of a vehicle's throttle to the idle position when the driver removes the actuating force from the accelerator control." The Safety Act requires each vehicle manufacturer to certify that its vehicle complies with all applicable safety standards, including Standard No. 124. This certification process requires each manufacturer to determine in the exercise of due care that its products meet all applicable requirements. If the throttle control or other equipment on the new school bus were modified by the bus manufacturer, the bus manufacturer must ensure that the vehicle meets all applicable FMVSS's, including Standard No. 124. If the throttle control or other equipment were modified on a new, previously-certified vehicle (e.g., a new, completed school bus) prior to the new vehicle's first sale, the person who modifies the vehicle would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the modification. (See 49 CFR S567.7.) If the modification is made after the vehicle's first sale, the only NHTSA

requirement that would affect the modification is the "render inoperative" prohibition in section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)).

That section provides that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard.

The "render inoperative" provision would prohibit a commercial business listed in S108(a)(2)(A) from modifying the foot operated throttle in a manner that would negatively affect the vehicle's compliance with Standard No. 124. If the foot operated throttle control was built up in a way that prevented the throttle from returning to idle when the driver removed his or her foot, it would violate the render inoperative prohibition.

Please note that the render inoperative prohibition only applies to the named commercial entities. Owners may modify their vehicles without violating any laws or regulations administered by this agency. However, NHTSA encourages vehicle owners not to tamper with vehicle safety equipment if the modification would degrade the safety of the vehicle.

2. IF WE CAN MODIFY THE FOOT OPERATED THROTTLE CONTROL TO THE VEHICLE (SCHOOL BUS), DOES THE MODIFICATION REQUIRE SPECIFIC REGISTRATION, CERTIFICATION, OR INSPECTION PRIOR TO THE INSTALLATION?

FOR EXAMPLE: CAN THE MODIFICATION BE MADE AND INSTALLED LOCALLY, OR SHOULD THE MODIFICATION BE PURCHASED AND INSTALLED BY A CERTIFIED COMMERCIAL VENDOR I.E., MANUFACTURER.

NHTSA does not limit who may modify vehicles,and does not approve modifications or motor vehicle designs. Thus, the person making the modification does not receive any NHTSA approval prior to making the modification. If the modification is made by a manufacturer, distributor, dealer or repair business, S108(a)(2)(A) would be a factor in how the modification may be performed. As explained above, those persons must not render inoperative any device or design installed pursuant to an FMVSS.

State law might affect how a throttle control can be modified on a vehicle. We suggest you consult with your State as to whether its law might affect the registration or inspection of the modified vehicle.

I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.