Interpretation ID: 1984-2.44
TYPE: INTERPRETATION-NHTSA
DATE: 08/03/84
FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA
TO: Department of Public Instruction; State of Iowa
TITLE: FMVSR INTERPRETATION
TEXT:
Dwight R. Carlson, Director School Transportation & Safety Education Division Department of Public Instruction State of Iowa Grimes State Office Building Des Moines, Iowa 50319
Dear Mr. Carlson:
This responds to your May 7, 1984, letter to the National Highway Traffic Safety Administration concerning the remanufacture of school buses. You asked several questions regarding the replacement of new and used school bus bodies on new and used chassis, and the certification requirements for school buses remanufactured in this way.
Your first question concerned an automobile salvage yard that is remanufacturing school buses to sell to schools. If the body of the vehicle is damaged beyond repair, the salvage yard removes it and mounts a different used school bus body on the old chassis. You asked whether this procedure is appropriate. The answer to your question is that there is no prohibiton against remanufacturing school buses in this way.
This agency does not consider the mounting of a used vehic1e body on an old chassis to be the manufacture of a new motor vehicle. Such a remanufactured vehicle need comply with the safety standards in effect on the date of manufacture of the used chassis.
You described a specific situation where a used school bus body was mounted on a 1980 model year chassis. In this situation the school bus should comply with the school bus safety standards, even though the vehicle is not considered newly manufactured. This is because the earliest date of manufacture that could be assigned to the remanufactured school bus is the date of manufacture of the chassis. Since the chassis was manufactured after Apri1 1, 1977, the bus would be required to comply with all the Federal school bus safety standards that became effective on April 1, 1977.
You asked whether this remanufactured school bus would have to be recertified.
A remanufactured school bus which uses a used chassis does not have to be recertified. The remanufactured school bus is considered to be the same vehicle as originally manufactured, and the original certification label should have been transferred to the new body at the time of the modification.
In your letter you asked two additional questions dealing with the remanufacture of school buses. The first question asked: "May a new school bus body be mounted on a used chassis? Who can perform this service? Is a certification or recertification necessary?"
As discussed earlier, the answer to this question is that manufacturers are not prohibited from mounting a new school bus body used chassis. Vehicles remanufactured in this way are not considered to be new vehicles. This school bus would only have to comply with the standards in effect on the date of manufacture of the used chassis. On the other hand, if the chassis was manufactured after April 1, 1977, the new school bus body would have to comply with the Federal school bus safety standards since the date of manufacture of the school bus would be after the effective date of the safety standards.
The agency does not have any regulation placing limits on who can remanufacture a school bus. A school bus remanufactured by placing a new bus body on a used chassis is not required to be recertified since our regulations prescribe certification requirements for new motor vehicles only. If the remanufacturing of the bus is done by a manufacturer, dealer, distributor or motor vehicle repair shop, then section 108( a)(2)(A) of the National Traffic and Motor Vehicle Safety Act provides that those persons may not knowingly render inoperative any component or element of design installed in compliance with a motor vehicle safety standard. Section 108(a)(2)(A) does not apply to a vehicle owner, such as a school or a State. Thus, one of your schools could mount the bus body on the used chassis and would not have to assure that the remanufactured school bus complies with the Federal school bus safety standards. However, as I am sure you are aware, the school could incur substantial liability in the event of an accident involving a noncomplying school bus. Also, the school may find it difficult to obtain insurance for such a vehicle. This matter should be discussed between the school and its insurance company and attorney.
Your final question asked: "May a used school bus body be mounted on a new chassis? Who can perform this service? Is a certification or recertification necessary?"
The answer to your question is yes, a used school bus body may be mounted on a new chassis. In this situation the agency considers the mounting of an old school bus body on a new chassis to result in the manufacture of a new school bus. Since the earliest date of manufacture which could be assigned to the vehicle is the date of manufacture of the chassis (which we assume is after April 1, 1977) the school bus is subject to the Federal school bus safety standards. The remanufacture of the school bus can be performed by anyone. The manufacturer, however, must certify the school bus as conforming to the safety standards.
Sincerely,
Frank Berndt Chief Counsel
May 7, 1984
Mr. Frank Berndt Office of The Chief Counsel National Highway Traffic Safety Administration U.S. Department of Transportation 400 Seventh Street S.W. Washington, D.C. 20590
Dear Mr. Berndt:
This is intended to formalize a telephone conversation we had with Ms. Deirdre Hom of your staff.
We have been notified that an automobile salvage yard in our state is purchasing used and in some cases damaged school buses. If the body is damaged beyond repair, they are removing the damaged body and mounting a different used school bus body on the used chassis. The reverse may be true where they are replacing the chassis with another used chassis. Recently, we inspected a school bus owned by a nonpublic school that had purchased the vehicle from the salvage yard. The chassis was a 1980 Chevrolet, but the Vehicle Identification Plate had been removed from the body, thus it was not possible to determine the date of manufacture or other information on the body. Our question is this, is the procedure described above appropriate in view of Federal Motor Vehicle Safety Standards relating to school buses? Further, if the procedure is appropriate, should there be a certification or recertification by the person(s) performing the procedure, and if there must be a certification process, who may perform this function?
In view of the current undesirable economic situation many of our schools find themselves, we present two additional questions unrelated to the situation described above.
1. May a new school bus body be mounted on a used chassis? Who can perform this service? Is a certification or recertification necessary?
2. May a used school bus body be mounted on a new chassis? Who can perform this service? Is a certification or recertification necessary?
We appreciate your efforts in responding to our concerns. If you need additional information, please contact me at 515/281-5811 or at the above address.
Sincerely,
Dwight R. Carlson, Director School Transportation & Safety Education Division DRC/mjr