Interpretation ID: 1982-2.32

DATE: 08/06/82

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Thomas Built Buses Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

August 6, 1982

Mr. James Tydings Specifications Engineer Thomas Built Buses Inc. 1408 Courtesy Road P.O. Box 2450 High Point, NC 27261

Dear Mr. Tydings:

This responds to your June 28, 1982, letter asking several questions about the remanufacture of school buses using old chassis and new bodies.

In general, the use of a new body on an old chassis does not constitute the manufacture of a new motor vehicle. Accordingly, your responsibility as the individual making this modification would simply be to make sure that you do not render inoperative the compliance of the pre-existing vehicle with any of the safety standards with which it complied when it was manufactured and with which it complies at the time of your modifications, i.e., the new body (and the chassis) would have to comply with the same standards with which the old body complied (15 U.S.C. 1397).

In your first hypothetical, you would use a pre-April 1, 1977 chassis. In this case the body that you would use would not have to comply with the school bus safety standards that became effective on that date. Seat spacing could be determined by the customer.

Secondly, you would use a post-April 1, 1977 chassis. In this case the vehicle would be required to continue to comply with those standards applicable to it at the time of its manufacture, which includes the school bus safety standards. Seat spacing would be limited in accordance with Standard No. 222.

Your third and fourth hypotheticals are the same as the two noted above except that the buses involved are not school buses. Once again, the general rule prevails that the buses need not comply with new motor vehicle safety standards, but simply must not have their previous compliance with standards rendered inoperative by you.

Finally, as you indicated in your letter, you should transfer the certification label from the old vehicle to the modified vehicle if you are replacing the vehicle's body.

Sincerely,

Original Signed By

Frank Berndt Chief Counsel

June 28, 1982

Mr. Roger Tilton, Office of Chief Counsel U.S. Department of Transportation 400 S.W 7th Street Washington, D.C. 20590

Dear Mr. Tilton,

Pursuant to our recent phone conversation regarding the mounting of new bus bodies upon old chassis, I would appreciate your counsel on this matter.

You expressed some surprise that requests are being received for new bodies on old chassis which is the reverse of the usual procedure of a new chassis under an old body. Your office in the past has ruled in those cases that the body must meet the safety regulation level of the chassis.

It is the feeling here that the present economic conditions of essential tight money makes this new combination feasible.

Since I could not find any references in the certification part of the regulations to serve as a guide prompted my phone call to you.

Following is a list of questions which will illustrate some combinations of various situations that may arise in the mounting of the new body.

NOTE: All chassis to be reconditioned. All chassis originally certified as school buses.

1. Conditions: Chassis - Pre-April 1, 1977 Body - 1982 - Make of body not the same as the original body.

Seats - Pre-1977 Seats - Spacing to be customer option.

2. Chassis - Post April 1, 1977 Body - 1982 Seats - Seats to be of certifiable of the year of the chassis.

Other Federal Regulations - Equal to or exceeding the Federal Regulations of the year of the chassis.

Bus Use - A school bus.

3. Same as No. 1, except: Body would be a non-school bus body.

Bus Use - Only as non-school bus.

4. Same as No. 2, except: Body would be a non-school bus body.

Bus Use - Only as non-school bus.

Per our conversation, the original certification is to be installed in the new body in the approved location.

We trust that the example conditions outlined are in accordance with the Federal Safety Standard.

Should you have any questions, relative to the above, kindly contact the writer.

Sincerely,

THOMAS BUILT BUSES, INC.

James Tydings, Specifications Engineer

JT/jf