Interpretation ID: 86-3.7

TYPE: INTERPRETATION-NHTSA

DATE: 05/02/86

FROM: AUTHOR UNAVAILABLE; Gordon T. Germain; NHTSA

TO: Gordon T. Germain, Esq.

TITLE: FMVSS INTERPRETATION

TEXT:

Gordon T. Germain, Esq. Bertram & Germain P.O. Box 132 Monticello, Kentucky 42633

Dear Mr. Germain:

We regret the delay in responding to Your January 1, 1986 letter to the National Highway Traffic Safety Administration (NHTSA) concerning the applicability of Federal law to the modification of used vans. You explained that in 1980, used 1971 model year vans were purchased by the Wayne County School Board and converted by the Wayne County's school systems into school vehicles. You asked whether Federal law applies to the conversion of the used vehicles by the school systems. As explained below, the answer to your question is no.

Before I begin, I would like to emphasize that our comments relate only to our interpretation of the National Traffic and Motor Vehicle Safety Act from our vantage point as a Federal enforcement agency. This letter explains how our requirements apply to the situation you present and is an opinion on compliance with Safety Act provisions. It does not address the manner in which violations of Safety Act provisions affect private litigation. Such an issue would be a matter for state courts to determine.

The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.), which authorizes NHTSA to issue safety standards applicable to the manufacture and sale of new motor vehicles, includes a limitation on the modification of safety systems installed on used motor vehicles pursuant to those standards, Section 108(a)(2)(A) provides, in part, that:

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

Thus, the applicability of section 108(a)(2)(A) depends in part on the identity of the person converting the vans. That section applies only to the aforementioned commercial-type businesses modifying used vehicles. It does not apply to an owner, such as a state or a school, which

January 7, 1986

Chief Counsel of Erika Z. Jones Office of Chief Counsel N. H. T. S. A. Room 5219 NOA-30 400 7th Street, SW Washington, DC 20590

Dear Ms. Jones:

If you would, please accept this letter as an inquiry for a certified copy of an opinion as to the application of the traffic and motor vehicle safety regulations applicable to a school system purchasing used vans and converting them to use as school buses.

In 1980, the Wayne County School Board purchased used 1971 telephone vans from General Telephone. The school system then took the vans and converted them for use as school buses. My question is whether any of the Federal traffic and motor vehicle safety regulations or standards would apply to the school board in the conversion of these vans. If there are applicable Federal statutes, codes or safety standards, I would appreciate knowing which ones would apply. If no Federal statute, regulation or standard applies, I would appreciate an opinion as to the exemption of the school system from the application.

Thank you.

Sincerely,

Gordon T. Germain

GTG/jj