Interpretation ID: nht81-2.49

DATE: 07/17/81

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Department of Transportation; Michigan

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your March 30, 1981 letter pertaining to the mounting of an old school bus body on a new chassis. The National Highway Traffic Safety Administration (NHTSA) has stated that such a mounting constitutes the manufacture of a new motor vehicle and must comply with all applicable safety standards in effect at the time of that manufacture. This statement comes from previous agency interpretations of the National Traffic and Motor Vehicle Safety Act and from the rationale underlying the provisions of section 571.7(e) of our regulations. You state that section 571.7(e) applies only to trucks and, accordingly, has no application to school buses.

The agency has had a longstanding position that a vehicle combining an old body and new chassis is a new vehicle. This position was developed and applied long before the proposal of section 571.7(e) in May 1975. See, for example, the enclosed 1972 letter of interpretation and the discussion of pre-proposal interpretations in the enclosed copy of the May 1975 proposal.

The codification in section 571.7(e) of the agency's position as regards trucks did not alter its simiar position as regards other vehicle types. I am enclosing a 1978 interpretation stating that school buses will be treated under the National Traffic and Motor Vehicle Safety Act in the same fashion as trucks are under section 571.7(e). The reason for this interpretation is the similarity of the practice of manufacturing school buses and trucks on new truck chassis. Accordingly, the agency has applied the same rationale in determining those vehicles, e.g., buses, that are to be considered newly-manufactured.

In light of these existing interpretations and in the interest of safety, the agency is retaining its position that vehicles using old bodies and new chassis be treated as newly manufactured vehicles.

ENCLS.

STATE OF MICHIGAN

DEPARTMENT OF EDUCATION

March 30, 1981

Roger Tilton, Chief Counsel National Highway Traffic Safety Administration

Dear Mr. Tilton:

The State of Michigan is in the grips of a financial crisis which is now threatening the children of this State through the local school's inability to provide new school buses to replace those which have reached the end of their life expectancy.

New school bus purchases are off by about 75% due to budget constraints which have also reduced the State's assistance to the school district from 68% during the last reimbursement period to an expected 30% for the 80-81 fiscal year. In this State, we turn over 1,900 school buses each year.

As a means to provide safe, dependable and economical school bus transportation, the local school districts are contemplating rehabilitation of these older school buses.

Rebuilding an old school bus is easy and economically rewarding. However, there are many old school bus bodies (approx. 20% or 350 each year) that would better serve the fleet if they were mounted on new chassis.

We, in the State of Michigan, are fully aware of previous interpretation of Part 571.7(e) of the Federal Motor Vehicle Safety Standards which relates to combining new and used components. The interpretations which are printed for all who ask, come from Joan Claybrook's office and from Frank Berndt do not say one shall not put an old school bus body on a new chassis, BUT that when an old school bus body is placed on a new chassis, the entire re-manufactured vehicle must comply with all of the FMVSS's in effect on the date of re-manufacture. The interpretation leads us to Part 571.7(e).

The Part 571.7(e) relates to "TRUCKS" and does not address "BUS" or school bus. Since there is "TRUCK" listed in definitions, Part 571.3 and the word "BUS" is also in definitions Part 571.3; we contend that 571.7(e) does not apply to Bus or School Bus since 571.7(e) does not refer to "BUS" in its content.

We do not accept the interpretation provided by Joan Claybrook or Frank Berndt. We completely understand that by allowing these used buses manufactured prior to April 1, 1977 to wash out of the system that in a few years the only buses on the road will be those which were manufactured in compliance with 220, 221, & 222.

The Part 571.7(e) also tells us that the re-manufactured truck must meet the current FMVSS "unless the engine, transmission, and drive axle(s) (as a minimum) of the assembled vehicle are not new, and at least two of these components were taken from the same vehicle." Therefore, if we in Michigan make these drive line changes we do not have a re-manufactured truck and we can continue to use a pre April 1, 1977 school bus body which still does not meet 220, 221, & 222; while mounted on a post April 1, 1977 chassis.

I submit to you that your office, NHTSA, is saying that we may not put a pre April 1, 1977 school bus body on a post April 1, 1977 chassis unless the body is updated to meet the post April 1, 1977 FMVSS 220, 221, & 222, OR instead of updating the body, we may install a used engine, transmission, and rear end in the new chassis; two of those three components must come from the same used vehicle.

Your interpretation is illogical and seemingly does not apply where school buses are concerned. We respectfully request a new interpretation keeping in mind that it is President Reagan's philosophy that those Federal Regulations which are non-productive, yet require great expense in order to comply; are Regulations with which we need to deal.

The State of Michigan, the State Department of Education, and I personally feel bound to comply with Federal Law; however, we do not feel bound to comply with an interpretation which smacks of pressure from the manufacturers and dealers who are in the business to sell new bodies.

We eagerly await your response.

Larry Louderback, Safety Specialist Pupil Transportation

cc: PHIL O'LEARY - SAFETY & TRAFFIC PROG; MR. WEINHEIMER - MICH. SCH. BD. ASSOC.; MR. TEBBE - UNION CITY SCH. DIST.; SENATOR DON RIEGLE; ROD LAMORE - GRAND RAPIDS STATE POLICE; DREW LEWIS - TRANS. SEC.; NHTSA