Interpretation ID: 86-6.13
TYPE: INTERPRETATION-NHTSA
DATE: 12/15/86
FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA
TO: Robin Leeds
TITLE: FMVSS INTERPRETATION
TEXT:
Executive Director Connecticut Operators of School Transportation Association 133 Jerome Avenue Burlington, CT 06013
Dear Ms. Leeds:
This responds to your letter concerning the height of front bumpers on school buses. According to your letter, school bus regulations for the state of Connecticut require front bumpers on all school buses to be located 18 inches from the ground. Since the bumpers on standard chassis are placed several inches higher than this, your bus body dealers must remove the bumpers and reposition them, add an additional piece to the existing bumper to make the bottom edge lower, or use an alternate bumper. I regret the delay in answering your letter.
You are interested in a revision to Connecticut's requirements for school bus bumpers, which would require a bumper height that corresponds to the height used by chassis manufacturers: thereby avoiding the need to reposition or replace original bumpers. However: the state Department of Motor Vehicles believes that the 18 inch height: corresponding to the height of a passenger car bumper, is safer since it prevents override of an automobile. You asked three questions related to this issue, which I have addressed below.
I would like to begin with some background information on our bumper standard. The National Highway Traffic Safety Administration (NHTSA) issued its Part 581 Bumper Standard pursuant to the Motor Vehicle Information and Cost Savings Act (the Cost Savings Act) and the National Traffic and Motor Vehicle Safety Act (the Vehicle Safety Act). The standard establishes requirements for impact resistance in low-speed front and rear collisions and includes a bumper height requirement. The bumper height requirement prevents override in collisions with other vehicles subject to the standard.
The standard applies to "passenger motor vehicles other than muitipurpose passenger vehicles." The term "passenger motor vehicles other than multipurpose passenger vehicles" generally corresponds to passenger cars. Title I of the Cost Savings Act specifically excludes trucks and larger buses from any bumper standards and allows multipurpose passenger vehicles (MPV's) to be exempted from the bumper standard. I believe you are interested in the large: standard school buses to which the standard does not apply.
You first asked whether it would be safer if school bus bumpers Here kept at the position originally utilized by the chassis manufacturer. We are not aware at this time of any indications that it is safer to retain the bumper in its original position. However: NHTSA does not have sufficient data at this time to evaluate the safety effects of lowering the bumper. Chassis manufacturers may have considered practical reasons for positioning their bumpers in the manner they have done: since trucks and buses sometimes require greater ground clearance than passenger cars to negotiate ramps and to clear obstacles associated with off-road operation.
Your second question asked whether repositioning or replacing the bumper would affect compliance of the school bus with our motor vehicle safety standards. As you might know: persons altering a new vehicle prior to its first sale are considered vehicle alterers under NHTSA's certification regulation. Part 567.7, Requirements for Persons who Alter Certified Vehicles, requires alterers to certify that the vehicle, as altered, complies with all applicable safety standards.
A dealer that modified the bumper of a school bus: prior to its first sale, would thus be required to certify that the school bus: as altered: complies with all applicable safety standards. A violation of the Vehicle Safety Act would occur if an alterer modified the school bus in such a way that the vehicle no longer complied with an applicable standard. Since the school bus's continued compliance with applicable safety standards depends on many factors, such as the design of the school bus and the nature of work performed on the vehicle: dealers modifying school bus bumpers might want to contact the vehicle manufacturer to learn if any standards might be affected by the lowering of the bumper and obtain any information needed to make the required certification.
Your third question asked "What, if any, liability is incurred by a dealer who removes the original bumper and repositions or replaces it? And if there is an implied liability, how can the dealer protect himself?"
Violations of Vehicle Safety Act provisions are punishable by civil fines of up to $1000 per violation, with a maximum fine of 5800:000 for a related series of violations. A dealer altering a school bus can protect Itself from such liability by ensuring that It complies with all relevant Federal requirements.
The issue of possible liability in tort is a matter of state law rather than Federal law. Therefore, we suggest that you consult a local attorney on this question.
I hope this information is helpful. Please contact my office if you have further questions,
Sincerely,
Erika Z. Jones Chief Counsel
Diedre Hom Chief Counsel's Office National Highway Traffic Safety Administration 400 Seventh Street SW Washington, D.C. 20590
Dear Ms. Hom:
Bob Williams referred me to you for a possible answer to my inquiry regarding dealer liability.
School bus regulations for the state of Connecticut require that front bumpers on all school buses be located at a height of eighteen inches from the ground. Since the bumpers on standard chassis are placed several inches higher than this, it means that our bus body dealers must remove the bumpers and reposition them, add an additional piece to the existing bumper to make the bottom edge lower, or use an alternate bumper.
We are currently revising the school bus regulations and have suggested standardizing the front bumper height. The state Department of Motor Vehicles, however, continues to believe that the eighteen inch height, corresponding to the height of a passenger car bumper, is safer since it prevents override of an automobile.
I have two questions which I hope you can answer:
1. Is there a legitimate justification for leaving the front bumper on school buses as it is placed by the chassis manufacturer?
What, if any, liability is incurred by a dealer who removes the original bumper and repositions or replaces it? And if there is an implied liability, how can the dealer protect himself?
Thank you for your time and consideration. I look forward to hearing from you soon.
Sincerely,
Robin Leeds Executive Director
P.S. A third question: Does the bus still meet federal standards after the bumper has been modified?