Interpretation ID: aiam1879
Assistant Counsel
Regulatory Service Bureau
New York Dept. of Transportation
1220 Washington Avenue
State Campus
Albany
NY 12226;
Dear Mr. McDonald: This is in reply to your letter of February 7, 1975, asking whether consistently with Federal law, the New York Commissioner of Transportation may waive a safety rule which is based on a Federal safety regulation. You indicate that New York has rules which permit waivers of New York requirements. The case in point involves a waiver given to a bus owner who, because his vehicle was to be used only in the transportation of nursery school children, requested that the allowable occupant weight be set at 100 pounds rather than 120 pounds. The waiver was provided by giving the owner-operator of the vehicle a valid certificate of inspection.; The facts of the case, particularly how the vehicle in question i equipped and labeled, are not altogether clear from what you have told us. It appears that the manufacturer of the bus has labeled it with a gross vehicle weight rating that, contrary to the Federal certification regulations (49 CFR Part 567(g)(3)), does not equal the unloaded vehicle weight plus 120 pounds times the number of designated seating positions in the bus.; It appears from your correspondence that the certificate of inspectio issued by the New York authorities fulfills purposes that differ from those of the Federal certification regulations. There is no Federal requirement that the State inspection rules incorporate the Federal requirements, as long as they do not conflict with the Federal safety standards or associated regulations. However, if the manufacturer has violated the Federal law, he is subject to its sanctions, and nothing the State can do would 'forgive' the violation. If our assumptions concerning the facts of the case are correct, the State is free to deal as it sees fit with the fact that the bus does not conform to the Federal regulations.; Sincerely, James C. Schultz, Chief Counsel