2006 NMEDA CONFERENCE Long Beach, California Theresa Lacuesta National Highway Traffic Safety Administration Office of Vehicle Safety Compliance February 9, 2006

2006 NMEDA Conference 2 Agenda NHTSA’s 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

2006 NMEDA Conference 3 National Highway Traffic Safety Administration’s 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

2006 NMEDA Conference 4 Make Inoperative Prohibition and Limited Exemptions for “Modifiers” 49 U.S.C 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

2006 NMEDA Conference 5 Modifiers & Part 595 “Motor vehicle repair business” is defined in 49 U.S.C 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 vehicle’s 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.

2006 NMEDA Conference 6 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 driver’s 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 Vehicle Capacity Weight Sample Vehicle Placard Sample Tire Label (optional)

2006 NMEDA Conference 7 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 vehicle’s 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 vehicle’s rated cargo carrying capacity by that amount. As indicated in an October 4, 2005 letter to M.Kastner of NTEA (Docket No. NHTSA ), the agency also decided to provide interim relief, allowing dealers to use the proposed label immediately. Sample Dealer Label

2006 NMEDA Conference 8 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 vehicle’s 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 vehicle’s 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.

2006 NMEDA Conference 9 Weighing Vehicles to Determine Cargo Carrying Capacity MODIFIERS: 49 Part (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 user’s wheelchair is included in the available load capacity.

2006 NMEDA Conference 10 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 through Manufacturer’s defect (Part 573) report to NHTSA dated 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

2006 NMEDA Conference 11 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: 1. Forward or rearward mobility of the vehicle unless the lift is stowed. 2. Operation of the lift from the stowed position until forward and rearward mobility of the vehicle is inhibited. 3. Stowing of the lift when occupied by portions of a passenger’s body, and/or a mobility aid (not applicable to passive lifts or lifts that manually stow). 4. Movement of the platform up or down unless the inner roll stop is deployed. 5. 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. 6. Deployment of the outer barrier when it is occupied by portions of a passenger’s body or mobility aid throughout the lift operations. 7. Deployment of any inner roll stop, when the inner roll stop is occupied by portions of a passenger’s body or mobility aid throughout the lift operations.

2006 NMEDA Conference 12 FMVSS No. 208 – Advanced Air Bags Applicability 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.

2006 NMEDA Conference 13 FMVSS No. 214 – Side Impact Protection NHTSA published a Notice of Proposed Rulemaking (NPRM) on FMVSS 214 on May 17, 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

2006 NMEDA Conference 14 FMVSS No. 216 – Roof Crush Resistance NHTSA published a Notice of Proposed Rulemaking (NPRM) on FMVSS 216 on August 23, 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 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 50 th percentile dummy in normal seating position. NHTSA expects to publish a final rule by July 1, 2008.

2006 NMEDA Conference 15 REFERENCES NON-LEGAL ISSUES NHTSA Contact – FMVSS Nos. 403/404 NHTSA Contact – FMVSS Nos. 403/404 William Evans Safety Standards Engineer Office of Crash Avoidance Standards phone NHTSA Contact - FMVSS Nos. 110/ 403/ 404 NHTSA Contact - FMVSS Nos. 110/ 403/ 404 Theresa Lacuesta Safety Compliance Engineer Office of Vehicle Safety Compliance phone NHTSA Contact – Part 595 NHTSA Contact – Part 595 Gayle Dalrymple Safety Standards Engineer Office of Crash Avoidance Standards Phone NHTSA Contact – FMVSS No. 216 NHTSA Contact – FMVSS No. 216 Amanda Prescott Safety Compliance Engineer Office of Vehicle Safety Compliance Phone

2006 NMEDA Conference 16 REFERENCES LEGAL ISSUES NHTSA Contact – FMVSS Nos. 208 / 403/ 404 NHTSA Contact – FMVSS Nos. 208 / 403/ 404 Chris Calamita Office of Chief Counsel phone NHTSA Contact - FMVSS Nos. 110 / 216 NHTSA Contact - FMVSS Nos. 110 / 216 George Feygin Office of Chief Counsel phone NHTSA Contact - FMVSS No. 214 NHTSA Contact - FMVSS No. 214 Dee Fujita Office of Chief Counsel phone