Interpretation ID: 2842o
Bureau of School Transportation
State of Louisiana
P.O. Box 94064
Baton Rouge, LA 70804-9064
Dear Mr. East:
This letter responds to your request for an interpretation of certain Federal motor vehicle safety standards that apply to school buses. I apologize for the delay in this response. In your letter, you state that one of your local school systems intends to remove a bus body from "an existing chassis, and place that body onto a new chassis." You state further that the system's school bus maintenance shop would perform the work. You ask a number of questions which I shall answer in order. My answers assume that, at a minimum, the engine, drive axles, and transmission of the new chassis are new components.
Question 1: Is it permissible under the (Vehicle Safety Act as amended) for a local school board to remove the body from one school bus chassis and place that body on another school bus chassis?
The answer to this question is "yes." The Act does not prohibit a vehicle owner from altering, modifying, or manufacturing a vehicle; nor has NHTSA established such a prohibition in its regulations.
Question 2: Would this action (in Question 1) violate bus body integrity requirements of Federal Motor Vehicle Safety Standards (FMVSS) (specifically FMVSS 208, 220, 221)?
The act of removing a school bus body from one chassis and placing that body on a different chassis does not violate any Federal safety standard. However, when a person uses a new body and mixed new and used chassis components in refurbishing a vehicle, the question arises whether the vehicle is new. In past interpretations, NHTSA has applied 571.7(e) to school buses that combine a new body and either (1) mixed new and used chassis components, or (2) used chassis components from different vehicles. If a school bus is considered "new" under the criteria set out in this provision, then the person who refurbishes the vehicle must certify that the school bus meets all applicable safety standards in effect on the date the chassis was manufactured - including Standards 208, 220, and 221 if they apply - and affix a certification label under 49 CFR Part 567.
On the other hand, if an old bus body is placed on a chassis that is completely new, a different provision applies. In this case, the chassis is an incomplete vehicle. "Incomplete vehicle" is defined in 49 CFR 568.3 as:
an assemblage consisting, as a minimum, of a 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.
When a new bus chassis meets this description, a subsequent person who adds a body- even an old body- is a final-stage manufacturer, and must certify the completed vehicle as conforming to all applicable Federal Motor Vehicle Safety Standards as of a date no earlier than the manufacturing date of the incomplete vehicle (the new chassis). (49 CFR 567.5, Requirements for Manufacturers of Vehicles Manufactured in Two or More Stages.)
Neither 571.7(e) nor Part 568 would require a person to recertify a school bus when the body and all other vehicle components are not new.
Question 3: If permitted, can the work described in (Question) 1. above be performed in the school board's maintenance shop? Can it be contracted to an automobile dealer capable of performing such work? Can the work be contracted to other motor vehicle repair shops such as body dealers or private motor vehicle repair shops?
The answer to each of these statements is "yes." Remember, though, that if the refurbished buses are considered new under the criteria discussed in Question 2, they must meet all applicable school bus safety standards in effect on the date of manufacture, and a certification label must be affixed to each refurbished vehicle to that effect.
If the refurbished buses are not "new" under these same criteria, then there is no obligation to recertify the vehicles. However, if a manufacturer, dealer, distributor, or motor vehicle repair business works on your buses, then there is restriction on what these commercial businesses can do - even if the vehicle is used. Section 108(a)(2)(A) of the Vehicle Safety Act prohibits these persons from "knowingly rendering inoperative" any device or element of design incorporated into the vehicle in compliance with an applicable Federal safety standard. Note that this restriction does not apply when the vehicle owner (e.g., a local school system) makes a modification, or if a repair facility that does not hold itself out to the public as being in the business of motor vehicle repair (e.g.. a maintenance shop that works only for the school board) makes the modification. Question 4: If the changeover is allowed, must the new unit (new chassis with used body) be re-certified to meet FMVSS requirements? If it must be re-certified, who may provide the inspection and re-certification?
As I stated in my answers to Questions 2 and 3, under certain circumstances, the vehicle must be recertified by the refurbisher. The refurbisher is responsible for the vehicle's compliance status just as any vehicle manufacturer, and must be able to show that he exercised due care in certifying the vehicle. The agency examines issues of due care on a case-by-case basis evaluating all relevant facts. This evaluation would include assessing technological limitations, availability of test equipment, the market position of the manufacturer, and most importantly, the degree of manufacturer diligence.
I hope you find this information helpful.
Sincerely,
Erika Z. Jones Chief Counsel
ref:VSA#567#568#571 d:3/16/88