Interpretation ID: aiam4146
U.S. House of Representatives
Washington
DC 20515;
Dear Mr. Rogers: Thank you for your letter on your constituent's behalf to former Chie Counsel Frank Berndt asking several specific questions about our motor vehicle safety standards for school buses. I hope this information is helpful to you in responding to your constituent. If you or your constituent need further clarification about how our requirements apply in a specific situation, please let me know.; Your questions were as follows: >>>1. Can a vehicle designed, manufactured, and sold as a truck, eve be considered a 'school bus' unless remanufactured, modified, or converted by a manufacturer or a manufacturer's dealer or distributor and certified as a school bus?<<<; The answer to your question depends on whether you are asking about vehicle being considered a 'school bus' under State or Federal law. Under Federal law, which applies to the manufacture and sale of new motor vehicles, the answer is no. A vehicle is certified only once, when manufactured as a new vehicle. With the one exception discussed below, there is no provision in our statutes or regulations for recertification of a used vehicle which has been modified so that it falls into a different category of vehicles. The National Traffic and Motor Vehicle Safety Act and regulations issued thereunder require manufacturers to classify their new motor vehicles and certify that their vehicles meet all Federal motor vehicle safety standards applicable to the vehicle type. Those determinations are only made by the manufacturer at the time the vehicle is originally manufactured. Since both the physical attributes underlying the vehicle types and the applicable safety requirements differ from type to type, a vehicle can be classified only as a single type. Therefore, a new vehicle manufactured and sold as a 'truck' is certified as meeting our safety standards for trucks and cannot be certified also as a vehicle meeting safety standards for school buses.; Our regulations do not prohibit used trucks from being modified fo pupil transportation purposes. Since our certification requirements apply only to the manufacture or alteration of new motor vehicles, the person performing the modification does not recertify the vehicle as a 'school bus' unless the modification of the vehicle is so extensive as to constitute a manufacture of a new vehicle. For example, a used truck chassis lacking requisite systems required by our regulations might be combined with a new school bus body. The completed school bus would be considered newly manufactured, and would have to be certified as a 'school bus.'; Used trucks which have been modified to carry school children might b considered 'school buses' under State law. State definitions of school buses determine the applicability of school bus operational requirements to vehicles. If the modifications to a truck bring it within a State's definition of 'school bus,' then the vehicle would be considered a school bus under State law and would have to comply with State requirements for school buses in order to be properly used as a school bus in that State.; >>>2. Do Federal Motor Vehicle Safety Standards apply only t manufacturers, their dealers and distributors?<<<; The answer to your question is no, because our motor vehicle safet standards apply to anyone who manufactures, distributes or sells new motor vehicles. Federal law requires manufacturers of new school buses to certify that their vehicles comply with all applicable school bus safety standards. In addition, distributors and sellers of new school buses must ensure that only complying school buses are sold. While new school buses are typically sold by their manufacturers or manufacturers' distributors and dealers, the responsibility to sell complying school buses rests with any person selling new school buses.; The Vehicle Safety Act applies also to persons who perfor manufacturing operations on previously certified *new* vehicles prior to the vehicles' first purchase in good faith for purposes other than resale.; Such persons are considered 'alterers' under our regulations and ar subject to requirements that they certify compliance with Federal Motor Vehicle Safety Standards. Alterers who significantly affect the configuration of a new motor vehicle previously certified to applicable safety standards must certify that the new vehicle, as altered, conforms to all applicable safety standards affected by the alteration in effect on the date of manufacture of the original vehicle or on the date the alterations were completed.; In addition, the Vehicle Safety Act applies to commercial businesse performing operations on *new and used* motor vehicles. Section 108(a)(2)(A) of the Vehicle Safety Act (copy enclosed) states, in part:>>>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 requirements of our motor vehicle safety standards affec those aforementioned parties modifying or repairing new or used motor vehicles, by setting limits on the operations performed on those vehicles. Those persons are prohibited from either removing, disconnecting or degrading the performance of safety equipment installed in compliance with an applicable safety standard. There is no prohibition against an individual owner modifying his or her own vehicle.; >>>3. What is the difference between a tamperer and a modifier as the relate to Federal Motor Vehicle Safety Standards?<<<; Our regulations do not define the terms 'modifier' and 'tamperer. However, the terms are commonly used to describe persons who make changes to vehicles. The term 'modifier' is often used to describe persons making changes to new or used vehicles. As explained above, persons modifying a new motor vehicle prior to its first purchase are considered 'alterers' under our regulations and are subject to requirements that they recertify the vehicle. Commercial parties involved with modifying new or used vehicles are subject also to the 'render inoperative' prohibitions of Section 108(a)(2)(A).; 'Tamperers' often refer to persons modifying or removing safety system or equipment on used vehicles. Commercial parties involved in tampering are subject to the 'render inoperative' prohibitions of Section 108(a)(2)(A). Violations of section 108(a)(2)(A) are punishable by civil penalties up to $1,000 per violation. Again, our regulations do not apply to individual owners modifying their own vehicles. Such modifications, however, would have to comply with State law.; >>>4. Who can make the certification that a vehicle meets applicabl Federal Motor Vehicle Safety Standards?<<<; Under the Vehicle Safety Act, manufacturers of new motor vehicle certify that their vehicles comply with all applicable motor vehicle safety standards. As suggested above, 'alterers' are considered to be motor vehicle manufacturers and therefore are also subject to certification requirements. Alterers certify that the vehicle, as altered, conforms to applicable safety standards affected by the alteration.; >>>5. Does the date of manufacture of a vehicle determine the specifi Federal Motor Vehicle Safety Standards that the vehicle has to meet?<<<; In general, the answer to this question is yes. The date of manufactur is one factor determining applicability of our motor vehicle safety standards. Each motor vehicle manufactured on or after the effective date of a safety standard is subject to requirements of that standard if, of course, the standard applies to that vehicle type. However, as explained above, 'alterers' affecting compliance with Federal safety standards by their alteration may choose the completion date of the alterations as the date by which to certify.; >>>6. Are passenger restraint systems required on school buses with manufacture date prior to April 1, 1977?<<<; In 1974, Congress directed NHTSA to issue motor vehicle safet standards for various aspects of school bus safety. Pursuant to that mandate, we issued Standard No. 222, *School Bus Passenger Seating and Crash Protection*, which requires school buses to provide a passenger restraint system through a concept called 'compartmentalization.' The standard became effective on April 1, 1977, and applies to each school bus manufactured on or after that date. School buses manufactured prior to April 1, 1977, are not subject to compartmentalization requirements.; >>>7. Are there any Federal Motor Vehicle Safety Standards applicabl only to school buses prior to April 1, 1977?<<<; The answer is no. There are three safety standards that we issue exclusively for school buses, i.e., Standards No. 220, *School Bus Rollover Protection*, No. 221, *School Bus Body Joint Strength*, and No. 222, *School Bus Passenger Seating and Crash Protection*. Those standards became effective April 1, 1977.; >>>8. Do school buses manufactured prior to April 1, 1977, have to mee FMVSS No. 217 and FMVSS No. 222?<<<; Standard No. 217 became effective September 1, 1973. School buse manufactured on or after that date and prior to April 1, 1977, had to meet Standard No. 217 *if* push- out windows or other emergency exits were provided. Pursuant to the 1974 Congressional mandate, NHTSA amended Standard No. 217 to require school buses manufactured on or after April 1, 1977, to contain additional emergency exits and set special requirements for those exits.; Standard No. 222 became effective on April 1, 1977. School buse manufactured prior to that date do not have to meet that standard.; Again, please contact my office if you or your constituent have an further questions.; Sincerely, Erika Z. Jones, Chief Counsel