Interpretation ID: aiam3099
Supervisor
Fleet Maintenance Division
DeKalb County School System Service Center
1780 Montreal Road
Tucker
GA 30084;
Dear Mr. Reynolds:This responds to your July 27, 1979, letter whic asked whether any Federal law or regulations would prohibit the DeKalb County School System from converting the gasoline fuel systems in its school buses to propane fuel or dual propane- gasoline fuel systems. You specified that you would like this question answered both with respect to school buses manufactured in accordance with Federal Motor Vehicle Safety Standard No. 301- 75 and with respect to school buses manufactured before that standard's effective date. You also asked which persons may perform the conversions. As explained below, the laws administered by the National Highway Traffic Safety Administration (NHTSA) neither prohibit such a conversion of a school bus, regardless of whether it was initially manufactured in compliance with Safety Standard No. 301-75, nor specify which persons may perform such conversions.; Safety Standard No. 301- 75, *Fuel System Integrity*, promulgated b this agency pursuant to the National Traffic and Motor Vehicle Safety Act, as amended 1974 ('the Act') specifies performance requirements for the fuel systems of new motor vehicles, including school buses, which use fuel with a boiling point above 32 degrees F. (e.g., gasoline).; New vehicles, such as school buses, that have not yet been sold an delivered to a purchaser (here the school district) for purposes other than resale and that have been manufactured in compliance with Safety Standard No. 301-75 may be converted to propane and dual propane/gasoline systems. However, any person or entity, other than the purchaser, such as a manufacturer, dealer, or automobile repair business, who performs the conversion would be considered an alterer under NHTSA regulations.; An alterer is required to attach an additional label to the vehicl certifying that the vehicle, as altered, still complies with all applicable safety standards (49 CFR 567.7). Upon conversion of a new gasoline-powered school bus to a propane-powered school bus, Safety Standard No. 301-75 would cease to apply since propane has a boiling point below 32 degrees F. and the standard applies only to vehicles that use fuel with a higher boiling point. Therefore, the alterer would not be required to certify the school bus's continuing compliance with Safety Standard No. 301-75. However, upon conversion of a new gasoline-powered school bus to a dual powered school bus, Safety Standard No. 301-75 would remain applicable and the alterer would be required to certify the vehicle's continued compliance with that standard and all other applicable safety standards.; The installer of a propane or dual propane/gasoline system in a ne vehicle would be responsible for any safety related defects arising from the method of installation. The manufacturer of the system would be responsible for any safety related defects in the system itself. Thus, if a new school bus were found to contain a safety related defect following the addition of a new fuel system the installer or manufacturer, respectively, would be required to notify vehicle owners of any defects and to remedy these defects. (Sections 151 *et. seq.* of the Act, see enclosure). Also, please note if a propane or a dual propane/gasoline system were installed in a used school bus and was later found to contain any safety related defects, the manufacturer of the system would be responsible for notifying vehicle owners of the defect and for remedying them.; Used vehicles manufactured in accordance with Safety Standard No 301-75, as well as used vehicles manufactured before the effective date of that standard, may also be converted. Nothing in the Act prohibits a vehicle owner from modifying his own vehicles. Moreover, no law administered by the NHTSA prohibits other persons or entities such as manufacturers, distributors, dealers or motor vehicle repair business from modifying used vehicles.; This means that the DeKalb County School District would not b prohibited from converting its gasoline- powered buses, regardless of their date of manufacture, to propane or to dual-powered buses. It also means that if the school district sought to have the conversion done by a manufacturer, distributor, dealer or motor vehicle repair business, none of these persons or entities would be prohibited from doing the work.; However, such persons and entities could be subject to sectio 108(a)(2)(A) of the Act, if they converted used vehicles originally manufactured in compliance with Safety Standard No. 301-75. The section provides in relevant part that:; >>>No manufacturer, distributor, dealer or motor vehicle repai business shall knowingly render inoperative, in whole or part, any device, or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ....<<<; There is no liability under section 108(a)(2)(A) in connection wit Safety Standard No. 301-75, if one of the listed persons or entities converts a used gasoline-powered vehicle into a propane powered vehicle. Modification of the safety systems in a vehicle that is being converted from one vehicle type to another does not violate section 108(a)(2)(A) so long as the modified systems comply with the safety standards that would have been applicable to the vehicle had it been originally manufactured as the vehicle type to which it is being converted. For example, in converting a used gasoline-powered school bus (originally manufactured in compliance with Safety Standard No. 301-75) to a propane-powered school bus, the converter could not violate section 108(a)(2)(A) with respect to Safety Standard No. 301-75, since this standard, as noted earlier, does not apply to propane-powered school buses.; However, there could be liability under this section in connection wit Safety Standard No. 301-75 if, for example, one of the listed persons or entities converted a used gasoline- powered school bus (originally manufactured in compliance with Safety Standard No. 301-75) into a dual-powered school bus. In this situation, Safety Standard No. 301-75 would continue to apply to the school bus after the conversion. Thus, if in performing the conversion one of the compliance with Standard No. 301-75 while adding the propane system, that person or entity would have violated section 108(a)(2)(A).; I hope that you will find this response helpful. Sincerely, Frank Berndt, Chief Counsel