2006 NMEDA CONFERENCE Long Beach, California

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2006 NMEDA CONFERENCELong Beach, California

• Theresa Lacuesta
• National Highway Traffic Safety Administration
• Office of Vehicle Safety Compliance
• February 9, 2006

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Agenda

• NHTSAs Mission
• Make Inoperative Rule and Part 595
• Definitions of Modifiers and Alterers
• Light Vehicle Tire Placard Requirements
• Weighing Vehicles to Determine Load Carrying
  Capacity
• NHTSA Enforcement
• Platform Lift Interlock Requirements
• Applicability of Advanced Air Bags to Mobility
  and Make Inoperative Rule
• Proposed Rulemaking on Side Impact Protection
• Proposed Rulemaking on Roof Crush Resistance

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National Highway Traffic Safety Administrations
Mission

• Responsible for reducing deaths, injuries, and
  economic losses resulting from motor vehicle
  crashes
• Establishes and enforces safety performance
  standards for motor vehicles and equipment
• Promotes safe driving and use of safety equipment
• Conducts research on driver behavior and traffic
  safety
• Provides consumer information on vehicles and
  safety equipment

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Make Inoperative Prohibition and Limited
Exemptions for Modifiers

• 49 U.S.C. 30122 prohibits a manufacturer,
  distributor, dealer, or motor vehicle repair
  business from making inoperative, in whole or in
  part any part of a device or element of design
  installed on or in a motor vehicle or motor
  vehicle equipment in compliance with an
  applicable Federal Motor Vehicle Safety Standard
  (FMVSS)
• 49 CFR Part 595, Subpart C Vehicle
  Modifications To Accommodate People With
  Disabilities, effective 4/30/2001, allows
  limited exemptions from make inoperative, based
  on the needs of the person with a disability, for
  a motor vehicle repair business to make specified
  modifications to or removal of federally-required
  (FMVSS) safety equipment after first retail sale

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Modifiers Part 595

• Motor vehicle repair business is defined in 49
  U.S.C. 30122 as a person holding itself out to
  the public to repair for compensation a motor
  vehicle or motor vehicle equipment the term
  modifier is used in these slides to represent a
  motor vehicle repair business that modifies a
  vehicle after first retail sale.
• A modifier cannot use the exemptions unless the
  vehicle has already been sold to the purchaser
  (for purposes other than resale). For purposes of
  Part 595, the "first retail sale" is the point at
  which the seller of the vehicle and the end user
  enter into a sales contract that identifies a
  specific vehicle to be delivered.
• Registration with NHTSA is a prerequisite for
  using any exemption that affects the
  certification of a vehicle. Any repair business
  or individual who modifies vehicles after the
  first retail sale to accommodate persons with
  disabilities must register to take advantage of
  any of the exemptions afforded under the rule.
• Alterers
• Alterer is defined in 49 CFR 567 as a person who
  alters by addition, substitution, or removal of
  components (other than readily attachable
  components) a certified vehicle before the first
  purchase of the vehicle other than for resale
  Alterations also include changes to GVWR, GAWR or
  vehicle type that are different from the
  vehicles original certification (see 49 CFR
  567.7)
• An alterer must certify that the vehicle meets
  all applicable Federal Motor Vehicle Safety
  Standards affected by the alteration.

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New Requirements of FMVSS No. 110

• Effective 9/1/2005, passenger cars, and trucks,
  MPVs, and buses with GVWR 4,536 kg (10,000 lb)
  must have new tire safety labels affixed to the
  drivers side B-pillar or door edge, that show
  tire information for the tires installed at the
  time of first purchase
• a Vehicle Placard or
• the combination of a Vehicle Placard and an
  optional Tire Information Pressure Label (both
  are shown below)
• Required Information
• - Vehicle capacity weight
• - Designated seating capacity
• - Cold tire inflation pressure for front, rear,
  and spare tires
• - Tire size designation
• For vehicles built in 2 or more stages
  Incomplete and intermediate vehicle manufacturers
  are not allowed to affix labels final-stage
  manufacturers must affix labels
• Alterers must affix a new label over the original
  label(s) if information is no longer valid

Sample Tire Label (optional)
Sample Vehicle Placard
Vehicle Capacity Weight
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FMVSS No. 110 (continued)

• In addition to tire size and inflation pressure
  information, the Vehicle Placard requires
  information for seating capacity and vehicle
  capacity weight (cargo and luggage load plus 68
  kg (150 lb) x seating capacity).
• However, a vehicles capacity weight may be
  incorrect if, for example, a vehicle dealer
  installs optional equipment after the vehicle was
  certified and before first sale. The dealer could
  replace the Vehicle Placard but this would be
  difficult and error on the Placard could result.
• In August 2005, NHTSA published a Notice of
  Proposed Rulemaking (NPRM) to permit the dealer
  in the example above to install a separate label
  (shown below) next to the Vehicle Placard stating
  that additional weight has been added to the
  vehicle if the weight added is greater than 0.5
  of GVWR, reducing the vehicles rated cargo
  carrying capacity by that amount.
• As indicated in an October 4, 2005 letter to
  M.Kastner of NTEA (Docket No. NHTSA-2004-17917-16)
  , the agency also decided to provide interim
  relief, allowing dealers to use the proposed
  label immediately.

Sample Dealer Label
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Weighing Vehicles to Determine Cargo Carrying
Capacity

• ALTERERS
• For motor vehicles with a GVWR of 10,000 pounds
  or less, alterers may immediately comply with the
  proposed FMVSS 110 requirements of the August 31,
  2005 NPRM (70 FR 51707)
• if the added weight of the modification is equal
  to or less than 0.5 of the vehicles GVWR, no
  action is required. (i.e. 43 lb for an 8600 lb
  GVWR)
• if the added weight of the modification exceeds
  0.5 of the vehicles GVWR, a separate label in
  lieu of a new placard may be installed next to
  the original tire placard. To fill out this
  additional label, dealers need to know only the
  total weight effect of added/replaced items.
  Dealers can provide the information without
  weighing vehicles.
• The vehicle capacity weight listed on the
  placard cannot exceed the difference between the
  GVWR specified by the manufacturer and the
  unloaded vehicle weight.

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Weighing Vehicles to Determine Cargo Carrying
Capacity

• MODIFIERS
• 49 Part 595.7 (e)(5) Requirement for modifiers
  of vehicles for accommodating people with
  disabilities
• The required document of this section shall
  Indicate any reduction in the load carrying
  capacity of the vehicle of more than 100 kg (220
  lb) after the modifications are completed. In
  providing this information, the modifier must
  state whether the weight of a users wheelchair
  is included in the available load capacity.

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NHTSA Enforcement

• Office of Defects Investigation (ODI)
• Preliminary Evaluation (opened Jan. 2006)
• Missing weld in vertical arms of Ricon
  S-Series/K-Series platform lifts Manufacture
  date 6-12-2005 through 7-1-2005
• Manufacturers defect (Part 573) report to NHTSA
  dated 1-23-2006
• Office of Vehicle Safety Compliance (OVSC)
• On-going Platform Lift Inspections
• 2006 FY Compliance Test Program to FMVSS Nos. 403
  404
• OVSC will investigate all instances of freight
  and other type lifts installed in motor vehicles
  for use by persons with disabilities

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FMVSS No. 403 Platform Lift Interlock Requirements

• FMVSS 403, S6.10 The platform lift system must
  have interlocks or operate in such a manner when
  installed in a vehicle according to the
  installation instructions, to prevent
• Forward or rearward mobility of the vehicle
  unless the lift is stowed.
• Operation of the lift from the stowed position
  until forward and rearward mobility of the
  vehicle is inhibited.
• Stowing of the lift when occupied by portions of
  a passengers body, and/or a mobility aid (not
  applicable to passive lifts or lifts that
  manually stow).
• Movement of the platform up or down unless the
  inner roll stop is deployed.
• Movement of the platform up or down, throughout
  the range of passenger operation, when the
  platform surface is above a horizontal plane 3
  in. above the ground level loading position,
  unless the wheelchair retention device required
  is deployed throughout the range of passenger
  operations.
• Deployment of the outer barrier when it is
  occupied by portions of a passengers body or
  mobility aid throughout the lift operations.
• Deployment of any inner roll stop, when the inner
  roll stop is occupied by portions of a
  passengers body or mobility aid throughout the
  lift operations.

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FMVSS No. 208 Advanced Air BagsApplicability
to Mobility and Make Inop.

• NHTSA published a final rule August 31, 2005
  updating the make inoperative exemptions to
  address modifications to vehicles with advanced
  air bags (FMVSS 208), advanced head protection
  requirements (FMVSS 201"U") and child restraint
  anchorages LATCH Lower Anchors and Tethers for
  Children (FMVSS 225).
• New exemptions for FMVSS 208 are sections S14
  thru S27. These sections are applicable to
  vehicles up to 8500 lb GVWR.
• The rules for who may use these exemptions are
  the same as the original make inoperative the
  exemptions are only for modifiers who customize a
  vehicle for a particular person after first
  retail sale. Alterers must certify vehicles to
  all applicable FMVSS.

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FMVSS No. 214 Side Impact Protection

• NHTSA published a Notice of Proposed Rulemaking
  (NPRM) on FMVSS 214 on May 17, 2004.
• NHTSA goal improve side impact protection to
  prevent head and other injuries, including
  smaller occupants.
• Proposed side impact upgrade to test
  requirements
• New 20 mph, 75-degree oblique vehicle into pole
  test new dummies in front
  seats only,
  
  
  Passenger
  vehicles up to 4,536 kg (10,000 lb)
• Average adult male dummy
• Small adult female dummy
• Existing moving barrier dynamic test new dummies
  in front and rear seats, Passenger vehicles up to
  2,722 kg (6,000 lb)
• Average adult male dummy
• Small adult female dummy

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FMVSS No. 216 Roof Crush Resistance

• NHTSA published a Notice of Proposed Rulemaking
  (NPRM) on FMVSS 216 on August 23, 2005.
• NHTSA goal improve roof crush protection as part
  of a comprehensive rollover plan to reduce death
  and injuries.
• Proposed rule is applicable to passenger vehicles
  up to 10,000 lb GVWR. It also allows vehicles
  manufactured in two or more stages, other than
  chassis-cabs, to be certified to the roof crush
  requirements of FMVSS No. 220, instead of FMVSS
  No. 216.
• Proposed upgrade to test requirements
• Increase strength to weight ratio to 2.5 times
  the Unloaded Vehicle Weight.
• Head room reduction requirement No contact with
  50th percentile dummy in normal seating position.
• NHTSA expects to publish a final rule by July 1,
  2008.

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REFERENCESNON-LEGAL ISSUES

• NHTSA Contact FMVSS Nos. 403/404
• William Evans
• Safety Standards Engineer
• Office of Crash Avoidance Standards
• phone [phone]
• william.evans_at_nhtsa.dot.gov
• NHTSA Contact - FMVSS Nos. 110/ 403/
  404
• Theresa Lacuesta
• Safety Compliance Engineer
• Office of Vehicle Safety Compliance
• phone [phone]
• theresa.lacuesta_at_nhtsa.dot.gov

• NHTSA Contact Part 595
• Gayle Dalrymple
• Safety Standards Engineer
• Office of Crash Avoidance Standards
• Phone [phone]
• gayle.dalrymple_at_nhtsa.dot.gov
• NHTSA Contact FMVSS No. 216
• Amanda Prescott
• Safety Compliance Engineer
• Office of Vehicle Safety Compliance
• Phone [phone]
• amanda.prescott_at_nhtsa.dot.gov

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REFERENCES

• LEGAL ISSUES
• NHTSA Contact FMVSS Nos. 208 / 403/ 404
• Chris Calamita
• Office of Chief Counsel
• phone [phone]
• christopher.calamita_at_nhtsa.dot.gov
• NHTSA Contact - FMVSS Nos. 110 / 216
• George Feygin
• Office of Chief Counsel
• phone [phone]
• george.feygin_at_nhtsa.dot.gov
• NHTSA Contact - FMVSS No. 214
• Dee Fujita
• Office of Chief Counsel
• phone [phone]
• dee.fujita_at_nhtsa.dot.gov