Interpretation ID: 1985-04.25

TYPE: INTERPRETATION-NHTSA

DATE: 11/15/85

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. R.A. Bynum

TITLE: FMVSS INTERPRETATION

TEXT:

Associate Director, Pupil Transportation Service Virginia Department of Education P.O. Box 6Q Richmond, Virginia 25216-2060 Dear Mr. Bynum:

Thank you for your July 31, 1985 letter to Administrator Steed concerning the applicability of Federal Motor Vehicle Safety Standard (FMVSS) No. 221, School Bus Body Joint Strength to your school buses. Your letter has been referred to my office for reply. We regret the delay in responding to your inquiry.

In a telephone call with Ms. Hom of my staff, you explained that Virginia wants to purchase new school buses for deaf and blind school children and plans to equip those buses with bathrooms. The bathrooms will be installed by a commercial shop after the State receives the vehicles from a dealer. You explained that the joints of the body panels enclosing the passenger compartment would comply with FMVSS No. 221. However, you asked us whether the panels covering the inside of the bathroom, comprising a "Formica-type" material, must comply with the standard. As explained below, the answer is no.

Our safety standards and regulations are not applicable to modifications of motor vehicles after the first purchase of those vehicles for purposes other than resale, with one exception. Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act provides, in part:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative...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...

In your situation, section 108(a)(2)(A) requires the commercial business adding the bathroom to ensure that any device or element of design which was installed in compliance with Federal safety standards continues to comply with those standards after the work has been completed. For example, the installation of the bathroom compartment must not render inoperative the compliance of the school bus seats with FMVSS No. 222, School Bus Passenger Seating and Crash Protection or the emergency exits with FMVSS No. 217, Bus Window Retention and Release. However, the joints of the panels would not have to comply with Standard No. 221 since the panels are being placed in a used vehicle. The agency does, however, urge persons making modifications to follow voluntarily our safety standards.

We would note that this agency has a set of different requirements that would apply if the bathroom were added to a new school bus before its sale to you. In that situation, the person who installs the bathroom would be an alterer under our regulations, and required to certify that the vehicle, as altered, complies with all applicable Federal safety standards, including FMVSS No. 221. (49 CFR Part 567.7.)

Please contact this office if you have further questions. Sincerely, Erika Z. Jones Chief Counsel

COMMONWEALTH OF VIRGINIA DEPARTMENT OF EDUCATION P.O. BOX 6Q RICHMOND 23216-2060 July 31, 1985

The Honorable Diane Steed, Administrator National Highway Traffic Safety Administration U. S Department of Transportation 400 Seventh Street, S,W. Washington, D.C. 20590 Dear Ms. Steed:

The Virginia Schools for the Deaf and Blind for children operating under the auspices or the State Board of Education, need to purchase school buses which contain a bathroom similar to those round in Charter buses. We are not aware or any school buses so equipped which meet April 1, 1977 federal school vehicle regulations.

It would appear that the joint strength standard and possibly others, will be involved. We have contacted several or the major school bus body manufacturers for assistance with development or this project in order that it can be bid as required by Virginia law. Some of these body plants probably will be contacting your agency for guidance in the near future.

We hope members or your agency will be able to help us finalize the planning for this important and much needed feature in an approved school bus for special children. Should a staff member wish to contact me by telephone about this request, they may call 804-225-2037. Sincerely, R. A. Bynum, Associate Director Pupil Transportation Service RAB/ns