Interpretation ID: 1984-4.2

TYPE: INTERPRETATION-NHTSA

DATE: 12/13/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Blue Bird Body Company -- Thomas D. Turner, Manager, Engineering Services

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your letter dated December 5, 1983, to the National Highway Traffic Safety Administration (NHTSA) concerning the remanufacture of school buses. You requested NHTSA to confirm that when an old bus body is placed on a new chassis "the chassis is the incomplete vehicle and that the completed vehicle must conform to all applicable FMVSS and be properly certified based on a date no earlier than the date of manufacture of the chassis." You also requested an interpretation that the remanufacture of a school bus using a new body on an old chassis would be considered the manufacture of a new school bus which would be required to be certified based on the date of manufacture of the final stage, completed vehicle.

You requested confirmation that NHTSA consider the school bus chassis to be the "incomplete vehicle" under 49 CFR Part 568, Vehicles Manufactured in Two or More Stages. "Incomplete vehicle" is defined in 49 CFR @ 568.2 as: an assemblage consisting, as a minimum, of frame and chassis structure, power train, steering system, suspension system, and braking system, to the extent that those systems are to be part of the completed vehicle, that requires further manufacturing operations, other than the addition of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, to become a completed vehicle.

If the school bus chassis is completed to the extent that it has the above-listed components and merely needs the addition of a body by a final-stage manufacturer, it would be considered an incomplete vehicle.

You are correct in your understanding of 49 CFR @ 567.5, Requirements for Manufacturers of Vehicles Manufactured in Two or More Stages. The completed vehicle must be properly certified by the final-stage manufacturer as conforming to all applicable Federal Motor Vehicle Safety Standards based on a date no earlier than the manufacturing date of the incomplete vehicle, and no later than the date of completion of the final-stage manufacture. The final-stage manufacturer must be consistent in its choice of completion date; it cannot choose one date to determine applicability of certain standards while choosing another date for other standards.

You are also correct that the agency has previously said that the final-stage manufacturer's use of a new body on an old chassis does not amount to the manufacture of a new motor vehicle. The agency is aware of your concern regarding the remanufacture of school buses using a new bus body on an old chassis. NHTSA acknowledges your petition for rulemaking filed pursuant to 49 CFR Part 552, Petitions for Rulemaking, Defect, and Noncompliance Orders, and will conduct a technical review of your petition in accordance with this part.

SINCERELY,

BLUE BIRD

BODY COMPANY

December 5, 1983

Administrator National Highway Traffic Safety Administration

SUBJECT: PETITION FOR RULEMAKING AND/OR INTERPRETIVE ACTION

Dear Ms. Stead:

Blue Bird Body Company has received requests to mount new school bus bodies on used school bus chassis that are several years old. In the past these requests have been few and scattered and we have declined this business due to the obvious concerns dealing with safety, liability, compliance, certification, etc. We currently plan to continue with our practice of turning down these requests, however, with these requests becoming more numerous, we feel it is necessary to address the compliance and certification requirements involved in remanufacturing a school bus using a new body and a used chassis.

It is our understanding, based on the December 29, 1977 NHTSA letter from Chief Counsel, Joseph J. Levin Jr. to the Honorable John Tower, reference NOA-30, and other NHTSA correspondence, that the manufacture of new motor vehicles includes the remanufacture of vehicles when such remanufacture is accomplished using a new chassis. Thus, remanufacture of a school bus using a new school bus chassis and a used school bus body constitutes the manufacture of a new school bus which would be subject to all applicable Federal Motor Vehicle Safety Standards in effect on the date of manufacture. The date of manufacture would be any date no earlier than the date of manufacture of the incomplete vehicle and no later than the date of completion of the final stage manufacture. It is our interpretation that the chassis is the incomplete vehicle and therefore, the date of manufacture of the chassis is the earliest limiting date for the purposes of compliance and certification. Thus, a 1975 bus body, for example, built without FMVSS 221 Joint construction or FMVSS 222 Seats and Barriers, would have to be upgraded to meet these and other applicable standards if it were to be mounted on a 1983 school bus chassis and completed as a final stage vehicle. We request your confirmation that the chassis is the incomplete vehicle and that the completed vehicle must conform to all applicable FMVSS and be properly certified based on a date no earlier than the date of manufacture of the chassis.

Assuming that the above interpretation is correct and confirmed by NHTSA, it is the opinion of Blue Bird Body Company that the manufacture of school buses using new chassis is a safe and acceptable practice because both body and chassis will be required to conform to current FMVSS and the completed vehicle is required to be properly certified.

The situation discussed in the first paragraph above, however, where school buses are remanufactured using a new body and an old chassis causes us concern. If the NHTSA does not consider this practice as manufacture of a new school bus, then apparently, no certification would be required and the vehicle would not have to conform to current FMVSS. If the agency does consider the remanufacture of school buses using new bodies and old chassis as the manufacture of a new vehicle, then questions of responsibility for compliance of the incomplete vehicle (the chassis), certification procedures, dates of effectivity, etc., are presented and must be addressed. For example, if a 1983 school bus body were to be mounted on a 1975 school bus chassis and completed as a school bus, what date would be used in determining the FMVSS that apply to the completed vehicle? If the 1975 date of manufacture of the incomplete vehicle (the chassis) is used, then the completed school bus would not be required to have FMVSS 221 Joint Construction or FMVSS 222 Seats and Barriers. We do not believe this would be an acceptable situation in terms of safety nor in the best interest of the school buses' owner, operator, passengers, the manufacturer of the incomplete and/or completed vehicle, the NHTSA or the pupil transportation industry in general.

In the interest of safety and for the benefit of all parties concerned, Blue Bird Body Company requests that the NHTSA consider the situations discussed herein, initiate Rulemaking action and/or issue appropriate interpretations, to address the remanufacture of school buses. We feel appropriate action concerning remanufacture of school buses using new bodies on old chassis would be to (1) define this as the manufacture of a new vehicle to which FMVSS apply, (2) require that remanufactured school buses using new bodies on old chassis meet all applicable FMVSS and be certified based on the date of final manufacture of the final stage, completed vehicle.

I trust that this letter provides sufficient information to NHTSA to enable proper action to be taken. If Blue Bird can be of any assistance or further information is needed, please feel free to contact me.

Thomas D. Turner Manager Engineering Services

C: WILBUR RUMPH -- V.P. ENGINEERING