Interpretation ID: 1982-3.19

TYPE: INTERPRETATION-NHTSA

DATE: 11/15/82

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Thatcher Unified Schools

TITLE: FMVSR INTERPRETATION

TEXT:

Mr. Max Peck Superintendent Thatcher Unified Schools District No. 4 P.O. Box 610 Thatcher, Arizona 85552

Dear Mr. Peck:

This is in response to your letter of September 30, 1982, enclosing a "petition for exemption...on behalf of Capps and Lancaster Service Center". The petition concerns a single motor vehicle consisting of the body of a 1974 Dodge school bus which has been removed from its original chassis and attached to a new 1981 International Harvester chassis.

This agency does not regulate the use of motor vehicles. That is a matter for State governments. We do enforce the Federal motor vehicle safety standards and grant exemptions as appropriate consistent with our authority.

I regret that the exemption process is not available in your case. Part 555 is intended to cover the future vehicle production of bona fide motor vehicle manufacturers, and not a single conversion, performed in the past, by what appears to be a service garage. Under our regulations, the combination of an old body upon a new chassis results in a new motor vehicle required to meet the motor vehicle safety standards in effect when the chassis was manufactured. Compliance is especially important in this instance because of all the school bus safety standards that have become effective since the bus body was manufactured in 1974, and which affect its structure and that of its seats.

This means that Capps and Lancaster are technically in violation of the National Traffic and Motor Vehicle Safety Act, for which a penalty of up to $1000 may be imposed. We do not intend to pursue this, however, unless other violations come to our attention. However, our Office of Vehicle Safety Compliance will be contacting Capps and Lancaster to make them aware of their responsibilities in order to prevent further violations by that company.

Sincerely,

Original Signed By

Frank Berndt Chief Counsel

September 30, 1982

Administrator National Highway Traffic Safety Administration Washington, D.C. 20590

Gentlemen:

Find enclosed the petition for exemption as executed by Mr. James Capps and Mr. Bill Lancaster on behalf of Capps and Lancaster Service Center. As you can see from the documentation accompanying their petition, they performed extensive labor in the removal and reattachment of the Superior Coach to the new International Harvester chasis. Their efforts and our ability to utilize the Superior Coach have resulted in a substantial economic benefit to the Thatcher Unified School District and therefore to its taxpayers while at the same time providing totally safe and reliable school bus transportation for the district.

Should you have any questions regarding the petition as submitted by Capps and Lancaster, or if we can provide any additional information on behalf of the District, please let us know.

Respectfully,

THATCHER UNIFIED SCHOOL DISTRICT NO. 4

Max Peck, Superintendent

MP/mb

Enclosures

October 1, 1982 Administrator National Highway Traffic Safety Administration Washington, D.C. 20590 Gentlemen:

In accordance with Title 49, U.S.C. 555, we herewith make application for temporary exemption from motor vehicle safety standards on behalf of Thatcher Unified School District No. 4, Graham County, Arizona. This petition is based upon the substantial economic hardship which the district would incur if it were not allowed to place into service the 1974 Superior Coach which has been reinstated upon a 1982 International Harvester chasis.

We have attached for your review the following: (1) Original bid dated December 18, 1973, for the Superior body mounted upon the original 1974 Dodge chasis; (2) Specification Sheet from Superior Coach Sales and Service, re: the coach which has now been installed upon the 1982 International Harvester chasis; (3) Minutes of school board meeting authorizing the purchase of the 1974 Dodge bus and chasis; (4) Notice of bid for chasis and specification therefore, re: 1981 or comparable International Harvester chasis; (5) Certificate of title for a 1982 International Harvester chasis and Superior Coach as modified; (6) Copy of warranty, re: International Harvester chasis; (7) Photocopy of check drawn upon Graham County and payable to Capps and Lancaster for parts and materials incurred in the modification and reassembly of the International Harvester chasis and Superior coach.

As you can see from the attached data, the Thatcher Unified School District has already incurred significant expense so as to provide safety and reasonable transportation for its students and at the same time so as to utilize the Superior Coach which was in totally serviceable condition. As work undertaken by us in the detachment of the old chasis and the installation of the new was done in a competent and workman manner and the vehicle was fully tested and evaluated by us prior to its being released to the school district. We believe the granting of this extention for a three year period would would be in the public interest and consistant with the objectives of the National traffic and Motor Vehicle Safety Act in that the utilization of the Superior Coach which has been competently reinstated upon the new chasis would give the Thatcher Unified School District the benefit of a new and totally safe school bus while at the same time resulting in substantial economic benefit to the tax payers of the district. Therefore, it is requested that you act favorably upon this request and grant a three year exemption for this vehicle.

Respectfully submitted this 1st day of October, 1982.

James Capps Bill Lancaster