Interpretation ID: nht87-1.90

TYPE: INTERPRETATION-NHTSA

DATE: 06/04/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. Mike L. Yonker

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Mike L. Yonker Administrative Assistant State of New Mexico Department of Education -- Education Building Santa Fe, NM 87501-2786

Dear Mr. Yonker:

This responds to your letter asking about the regulations we administer for school buses. Your inquiry relates to three areas of school bus safety: (1) NHTSA's certification requirements for manufacturers of new school buses; (2) Federal requirements app licable to commercial business repairing school buses; and Federal requirements for vehicle alterers of both new and used school buses. I regret the delay in this response.

Before I begin to answer your specific questions, it might be helpful to provide some background information on our school bus regulations. Our agency has two sets of regulations for school buses which are issued under separate acts of Congress. The first set, issued under the authority of the National Traffic and Motor vehicle Safety Act of 1966 (copy enclosed), applies to the manufacture and sale of new motor vehicles and includes our motor b=vehicle safety standards for new school buses. These standards apply to various aspects of school bus safety, including emergency exits, seating systems, windows and windshields, fuel sy stems and school bus body strength. They became effective on April 1, 1977, and apply to each school bus manufactured on or after that date. The second set of "regulations" for school buses was issued under the authority of the Highway Safety Act. Those regulations, or "highway safety program standards," are recommendations from this agency to the states for developing their highway safety programs and includes guidelines on school bus inspection and maintenance.

The Vehicle Safety Act requires each manufacturer of a new school bus to certify that the vehicle complies with all applicable Federal Motor vehicle safety standards, including our school bus safety standards. The Act also requires each person selling ne w buses for pupil transportation purposes to ensure that only complying school buses are sold. Under Federal law, a "school bus" is a motor vehicle designed for carrying 11 or more students to and from school or related events. Any person violating the V ehicle Safety Act by manufacturing or selling new noncomplying school buses may be liable for potential penalties of up to $1,000 per violation.

Your first question asks for information on "the formal DOT certification process for new school buses, and the periodic NHTSA testing progress." NHTSA does not approve motor vehicles or motor vehicle equipment, nor do we certify compliance of new school buses with our school bus safety standards. Instead, the Vehicle Safety Act establishes a "self-certification" process under which each school bus manufacturer is responsible for certifying th at its vehicles meet all applicable Federal motor vehicle safety standards. This process requires each manufacturer to determine in the exercise of due care that its school buses meet all applicable requirements. Our regulation for the certification of m otor vehicles is set forth in Title 49 of the Federal Regulations Part 567 (copy enclose).

We understand your reference to "the periodic NHTSA testing process" to mean our enforcement of our school bus safety standards. The agency periodically tests vehicles and equipment for compliance with the safety standards and also investigates other all eged safety-related defects associated with motor vehicles and motor vehicle equipment. If a manufacturer or the agency determines that a safety-related defect or noncompliance exists, the manufacturer is obligated to notify purchasers of the product and remedy the problem free or charge. Manufacturers who fail to provide notification of or remedy for a defect or noncompliance may be subject to a civil penalty of up to $1,000 per violation.

Your second question asks for information on "the requirements of the anti-tampering provision as applicable to dealers or any motor vehicle repair business which may repair buses". The "anti-tampering" provision you refer to is S108(a)(2)(A) of the Vehi cle Safety Act. Section 108(a)(2)(A) affects dealers and motor vehicle repair businessmen modifying or repairing new or used motor vehicles by setting limits on the operation performed on those vehicles. It states, in part:

No manufacturer, distributor, dealer or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an app licable Federal motor vehicle standard . . . . Section 108(a)(1)(A) prohibits the aforementioned parties from either removing, disconnecting or degrading the performance of safety equipment or designs installed in compliance with applicable Federal safet y standards. Thus, school bus dealers or repair businesses modifying or repairing school buses must not render inoperative the compliance of safety equipment installed on the vehicle in compliance with applicable safety standards, including school bus sa fety standards. However, there is no prohibition against an individual owner, such as a school or school district, modifying or repairing its own vehicles.

Your third question asks for information on "the provisions in law or requirements as applicable to a vehicle alterer for both new and used buses." The Vehicle Safety Act applies to persons who perform manufacturing operations on previously certified ne w vehicles prior to the vehicles' first purchase in good faith for purposes other than resale. Such persons are considered "alterers" under our regulations (49 CFR Part 567.7) and are subject to requirements that they certify compliance with Federal moto r vehicle safety standards. Alterers who significantly affect the configuration of a new new motor vehicle previously certified to applicable safety standards must certify that the new vehicle, as altered, conforms to all applicable safety standards affe cted by the alteration in effect on the date of manufacture of the original vehicle or on the date the alterations were completed. A copy of 49 CFR Part 567.7, Requirements for persons who alter certified vehicles, is enclosed for your information.

In addition, commercial parties involved with modifying new or used vehicles are subject also to the "render inoperative" prohibitions of S108(a)(2)(A) of the Vehicle Safety Act. Violations of S108(a)(2)(A) are punishable by civil penalties of up to $1,0 00 per violation.

As discussed above, we issued a second set of "regulations" for school buses under the Highway Safety Act. These regulations, which are more in the nature of guidelines, comprise Highway Safety Program Standard No. 17, Pupil Transportation Safety (copy e nclosed), one of a series of highway safety program standards relating to Federal funding of state highway safety programs. Program Standard No. 17 contains recommendations from NHTSA for the pupil transportation aspect of state highway safety programs a nd addresses school bus maintenance and inspection programs. For more information about New Mexico's implementation of these highway safety program standards, you should contact:

Mr. Bill G. Loshbough Director of School Transportation 209 State Education Building Santa Fe, NM 87501-2786 (505) 827-6640

I hope this information is helpful. For your future reference, I have also enclosed information on how you can obtain copies of your safety standards and any other NHTSA regulation. Please contact my office if you have any further questions.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosures

Ms. Erika Z. Jones Chief Counsel National Highway Traffic Safety Administration 400 7th Street, SW Washington, DC 20590 Dear Ms. Jones:

Following a phone conversation with Steve Ash of your office on February 19, I am formally requesting copies of pertinent provisions in law or information relative to the following areas:

1, The formal DOT certification process for new school buses, and the periodic NHTSA testing process.

2. The requirements of the anti-tampering provision as applicable to dealers or any other motor vehicle repair business which may repair buses.

3. The provisions in law or requirements as applicable to a vehicle alterer for both new and used buses.

The areas in which we are seeking information is specifically targeted at public school buses which are used to transport pupils to and from school or school sponsored activities.

Our interest is to provide the correct information to school districts and school bus contractors in New Mexico to ensure that both state and federal regulations are being complied with. We are also working closely with the newly formed New Mexico Public School Insurance Authority under whose jurisdiction school buses involved in accidents are being repaired.

We are also attempting to strengthen our bi-annual spot inspection to insure that no safety equipment or features on school buses are being rendered inoperative or inadequately being repaired, which could subsequently cause injury.

Any information relative to the above items would be greatly appreciated. If you have any questions relative to this request, you can contact me in Santa Fe, New Mexico, area code (505) 827-6640.

Sincerely,

MIKE L. YONKER Administrative Assistant