Mr. Paul Collett
Liberty Motor Company Inc.
2390 South Service Road West
Oakville, Ontario
Canada, L6L 5M9
Dear Mr. Collett:
This responds to your letter and phone inquiry in which you asked several questions concerning the applicability of Federal Motor Vehicle Safety Standard (FMVSS) No. 206, Door locks and door retention components, to the modification of a vehicle to accommodate a wheelchair ramp. You first asked if a door latch assembly you described would comply with FMVSS No. 206. You then asked a series of questions based on a comparison of the door system you described and other door assembly designs. I have addressed your questions below.
In a conversation with Mr. Chris Calamita of my staff you stated that your company, Liberty Motor Company Inc. (Liberty), installs wheelchair ramps onto the back doors of minivans. Prior to installation of a ramp, you stated that the minivans typically have a "rear tailgate door with hinges at the top" and a single latch system located at the center of the bottom edge of the door. You explained that the installation requires lowering of the vehicle floor and the attachment of a folding ramp. As described in your letter, when the ramp is stowed it acts to "seal the door opening between the bottom of the closed tailgate door and the lowered floor". You further explained that the latch and striker of the original vehicle is removed and reinstalled onto the ramp so that when the back door is closed it latches to the stowed ramp.
You raised a variety of issues related to this type of modification. We have read your letter as requesting a response on two main issues: (1) is such a modification compliant with FMVSS No. 206, and (2) would such a modification result in a door system analogous to a cargo-door or "double side door" for purposes of the standard?
By way of background, the National Highway Traffic Safety Administration does not approve or certify any motor vehicle or modification of a motor vehicle. Instead, 49 U.S.C. § 30115 establishes a "self- certification" process under which each manufacturer is responsible for certifying that its products meet all applicable FMVSSs. Generally, FMVSSs apply to motor vehicles up to their first sale for purposes other than resale (first retail sale). See 49 CFR § 30112. After the first retail sale of a vehicle, manufacturers, distributors, dealers, and repair businesses are prohibited from "making inoperative" any device or element of design installed on or in a motor vehicle in compliance with an applicable standard (49 U.S.C. § 30122; "make inoperative" provision).
1. Compliance with FMVSS No. 206
In equipping a vehicle with a wheelchair ramp your company would have to ensure that the modification did not take the vehicle out of compliance with all applicable FMVSSs, including FMVSS No. 206. S4.4 of FMVSS No. 206 specifies the requirements for hinged back doors. Each hinged back door system must be equipped with at least one primary latch and striker assembly as defined by the standard. The primary latch and striker assembly must not separate when subjected to the specified forces applied in the specified directions.
Another important standard to consider is FMVSS No. 214, Side impact protection. FMVSS No. 214 specifies safety requirements for vehicles subjected to impact by a moving deformable barrier at 33.5 mph. S5.3.2 of that standard specifies that any door (including a rear hatchback or tailgate), which is not struck by the barrier must not disengage from the latched position, must not have its latch separate from the striker, and must not have hinged components separate from each other or from their attachment to the vehicle. The latches and hinge systems of unstruck doors must not pull out of their anchorages.
The primary latch and striker provided by the original manufacturer must continue to meet these requirements as re-installed. However, nothing in our standards would expressly prohibit a design such as you described.
We note that on December 15, 2004, NHTSA published a notice of proposed rulemaking to update requirements and test procedures specified in the standard (69 FR 75021). If adopted, the proposal would add requirements and test procedures for sliding doors, add secondary latch position requirements for doors other than hinged side doors and back doors, provide a new test procedure for assessing inertial forces, and extend the application of the standard to buses with a gross vehicle weight rating of less than 10,000 pounds.
2. Similar Door Systems
You asked a series of questions based on the premise that the back door as modified would be analogous to a cargo-type door or a "[double] side door as found on some extended cab pick-up trucks. " We do not agree that the rear door / ramp system you described would be analogous to either of these door systems for the purposes of FMVSS No. 206.
FMVSS No. 206 defines a cargo-type door as:
[A] door designed primarily to accommodate cargo loading including, but not limited to, a two-part door that latches to itself.
Cargo-type doors are subject to more abbreviated standards than hinged back doors.
Contrary to the definition of "cargo-type doors", your door system is designed primarily to permit wheelchair occupants to enter and exit a vehicle. Further, in extending FMVSS No. 206 to hinged back doors, we rejected the idea of treating hinged back doors as cargo-type doors (60 FR 50124; September 28, 1995). The intent of S4.4 is to prevent the back door ejection of occupants by ensuring the integrity of latch/striker and hinge systems of back doors to reduce the incidence of unintended back door opening (60 FR at 50128).
The "double side door" systems described in your letter are located on the side of a vehicle and are therefore subject to the requirements applicable to hinged side doors. The door / ramp system described in your letter is located at the back of a vehicle and is therefore subject to the hinged back door requirements.
FMVSS No. 206 defines "back door" in part as:
[A] door or door system on the back end of a motor vehicle through which passengers can enter or depart the vehicle, or cargo can be loaded or unloaded[.] (Emphasis added. )
The portion of the ramp that acts to secure the back opening would be considered part of the back door system. Therefore, the system described in your letter would be a "hinged back door" for the purpose of FMVSS No. 206.
I hope you find this information helpful. If you have any additional questions please contact Mr. Chris Calamita of my staff at (202) 366-2992.
Sincerely,
Jacqueline Glassman
Chief Counsel
ref:206
d.2/24/05