Interpretation ID: 86-6.11

TYPE: INTERPRETATION-NHTSA

DATE: 12/12/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Melvin Krewall -- Administrator, Transportation Section, Finance Division, Oklahoma State Dept. of Education

TITLE: FMVSS INTERPRETATION

TEXT:

Melvin Krewall, Administrator Transportation Section, Finance Division Oklahoma State Department of Education 2500 North Lincoln Boulevard Oklahoma City, OK 73105-4599

This responds to your August 22, 1986, letter to former Chief Counsel Jeffrey Miller concerning our regulations for school bus manufacturing. You asked whether the National Highway Traffic Safety Administration (NHTSA) has certified and approved the "Asia Smith Chassis" for school buses. You stated that you need a copy of the certification because Oklahoma requires chassis to be approved by the state Board of Education before they can be sold in Oklahoma.

I would like to begin by clarifying that NHTSA does not certify or approve motor vehicles or motor vehicle equipment. This agency regulates motor vehicle safety under the National Traffic and Motor Vehicle Safety Act. That Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. This process requires each manufacturer to exercise due care in selecting and conducting the mathematical calculations, computers simulations or testing that form the basis for that certification. Manufacturers certify their school buses by attaching a label to their vehicles in accordance with our certification procedures. The agency periodically tests vehicles and equipment for compliance with applicable safety standards.

A school bus manufacturer who installs a school bus body on a new chassis (such as an Asia Smith chassis) is required by our certification regulations (49 CFR 567 and 568) to certify the completed vehicle to Federal motor vehicle safety standards for school buses. Those regulations require the chassis manufacturer to furnish information which assists the vehicle manufacturer in making that certification. When certifying its school buses, the manufacturer affirms that the vehicle, including the chassis, conforms to all applicable Federal motor vehicle safety standards, including school bus safety standards.

You indicated that Oklahoma requires school bus chassis to be approved by the state before their sale. I am concerned with this requirement because its imposition could be preempted by operation of the Vehicle Safety Act. The first sentence of section 103(d) of the Safety Act states: Whenever a Federal motor vehicle safety standard established under this title is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item or motor vehicle equipment any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard.

For your information, I have enclosed a copy of a Federal Register notice issued by the agency concerning the issue of preemption and pre-sale state enforcement of safety standards (47 Fed. Reg. 884; January 7, 1982). The notice discusses NHTSA's position that Federal law preempts state requirements which prescribe the sale of equipment certified to a Federal motor vehicle safety standard unless the equipment is also approved by the State. We believe that Oklahoma's requirement for approval of school bus chassis is analogous.

As I understand Oklahoma's requirement, it imposes requirements which have the effect of proscribing the sale of certified school buses unless their chassis are also approved by the State. Apparently, school buses manufactured with chassis lacking state approval may not be sold in Oklahoma. Even though the vehicle has been certified as meeting all preempted because it imposes burdens differing in a significant respect from the Federal regulatory scheme.

I hope this information is helpful. If you wish to further discuss the preemption issue or have any other questions, please do not hesitate to contact us.

Sincerely,

Erika Z. Jones Chief Counsel Enclosure

AUGUST 22, 1986

Mr. Jeffrey R. Miller Chief Counsel National Highway Traffic Safety Administrator 400 Seventh Street, SW Washington, DC 20590

Dear Mr. Miller:

The August/September 1986 issue of School Bus Fleet magazine has an article about Asia Smith Chassis for school buses. They are marketed by Asia Smith Motor Inc. of Plaistow, New Hampshire.

My question to you is, has this chassis been certified and approved for sale in the United States? If it has been certified, where can I receive a copy of the certification showing that it meets all the federal minimum standards. It is imperative that this information be disseminated to us as our State Board of Education must approve all chassis manufacturers after they receive federal approval.

Thank you in advance for this vital information.

Sincerely,

Melvin Krewall Administrator Transportation Section Finance Division MK:bam