nht67-1.6 | NHTSA

DATE: 09/12/67

FROM: AUTHOR UNAVAILABLE; George C. Nield; NHTSA

TO: Blue Bird Body Company

TITLE: FMVSS INTERPRETATION

TEXT: Your June 2, 1967, letter contained nine questions concerning several areas of Public Law 89-563 and Motor Vehicle Safety Standard No. 108. Answers to several of these questions are of common interest to many manufacturers and the National Highway Safety Bureau is developing and planning to issue appropriate policies, procedures and rules to guide manufacturers in respect to some of these questions. In the meantime, we are able to reply to questions 5, 7, and 8 of the June 2, 1967, letter and question 9 of the June 2, 1967, letter as amended by the corrected drawings furnished by your letter of July 18, 1967.

Question 5. Section 113 of Public Law 89-563

Will forms be furnished to us to use to notify the first purchaser, dealer, and Secretary of defects we might find? If not, will an example of an acceptable form be available? Will a more detailed procedure be made available on the action required under Section 113? What would be our liability if a component purchased by us and certified to us to be in conformance with the Motor Vehicle Safety Standards was found after manufacture and delivery not to be in conformance?

Answer

The Bureau is studying the requirements for procedures and forms on defect notification. At present a form is being considered for the manufacturers to report defect information to the Secretary. If after further study forms are also considered desirable for the manufacturer to report to his dealers and the purchasers, you will be advised as to what types of forms are acceptable via publication in the Federal Register.

It is not clear what you mean by "liability." If you refer to your obligations under Section III, this section defines the responsibilities of manufacturers in regard to motor vehicles or items of motor vehicle equipment determined not to be in conformance with applicable Federal motor vehicle safety standards. Section III also requires the immediate repurchase of the nonconforming vehicle or item of motor vehicle equipment, or that the required conforming part or parts of equipment be furnished to the dealer or distributor for installation and that financial renumeration be made for incoveniences involved. Additionally, the provisions of Section 108 would apply.

Question 7. Title 23, Section 255.7 Applicability:

"(b) Military vehicles. No standard applies to a vehicle or item of equipment manufactured for, and sold directly to, the Armed Forces of the United States in conformity with Contractual specifications.

(c) Export. No standard applies to a vehicle or item of equipment in the circumstance provided in section 108 (b) (5) of the Act (15 U.S.C. 1397) (b) (5)."

We understand that the standard does not apply to military or export vehicles. Will we be allowed to drive on public roads export and/or military buses that do not meet the minimum standards to a port or other destination? If not, what will we have to do to them so that they can be driven on public roads?

Answer

Motor vehicles intended solely for military or for export use are specifically excluded from compliance with Federal motor vehicle standards, and therefore not subject to the provisions of the Act.

Question 8. Standard No. 108 S3.4.3

"Taillamps, license plate lamps, and side marker lamps shall be illuminated when the headlamps are illuminated."

This standard does not mention parking lamps. We would then assume that the parking lamps may or may not be illuminated when the headlamps are illuminated at our discretion or the chassis manufacturer's discretion. Is this correct?

Answer

The parking lamps may or may not be illuminated when the headlamps are illuminated.

Question 9. Standard No. 103 Table II Location of Equipment

These prints show the location of lamps and reflex reflectors we plan to supply to comply with Standard 108 Table II. Are these locations in compliance? If not, please mark one each of the prints with acceptable locations and return them to us.

Answer

The location of lamps and reflectors, as shown on the drawings dated July 17, 1967, appear to be acceptable.

Questions 1, 2, and 6 relate to the subject of "Incomplete vehicles" and questions 3 and 4 relate to labeling and record-keeping. We are currently working on the entire area relating to these other questions and you will be furnished with detailed answers as soon as possible.

Sincerely,

ATTACH.

June 2, 1967

George C. Nield -- Acting Director, Motor Vehicle Safety Performance Service, U. S. Department of Transportation

Dear Mr. Nield: Listed below are several areas of Public Law 89-563 and the Motor Vehicle Safety Standards that we are concerned about and need rulings and/or clarification. If at all possible, we need this information by June 12, 1967.

1. Section 108 of Public Law 89-563

It is quite possible that there might be new chassis at our plant January 1, 1968, to have new bodies mounted on them that do not meet the Motor Vehicle Safety Standards. Will we be able to mount bodies on these? From time to time it is a couple of months after a chassis arrives before a body is mounted on it. They also sometimes sit in our field for long periods of time finished before the end customer comes for them or arranges for delivery. I believe you can appreciate the situation we could find ourselves in if we are unable to mount or deliver chassis after January 1, 1968, that were received prior to January 1, 1968. Could we have your comments and a ruling on this?

2. Section 108 of Public Law 89-563 Paragraph (a) (1)

Will replacement parts for buses built prior to January 1, 1968, have to meet applicable Motor Vehicle Safety Standards? In some cases the conforming parts might not fit or work without a lot of rework, etc.

3. Section 108 of Public Law 89-563 (b) (5)

In what manner should we label or tag motor vehicles or items of motor vehicle equipment intended solely for export? Do you have examples or acceptable forms for this?

4. Section 112 of Public Law 89-563

What records, reports, technical data, performance data, and other information are we required to establish and maintain? Will we be required to give notification of performance and technical data to the Secretary and/or to the original purchaser? What will we be expected to do to satisfy this law?

Will we be able to have inspectors designated by the Secretary come here prior to January 1, 1968, to be sure we are in compliance with all applicable Safety Standards if we feel the need?

5. Section 113 of Public Law 89-563

6. Section 114 of Public Law 89-563

We mount bodies on three types of chassis. We build the Blue Bird Forward Control Chassis. The Conventional and Pusher Chassis are built by others, and we mount bus bodies we manufacture on them. It seems logical to me that the chassis manufacturer should certify the chassis by label or tag as stated in the law. Is this correct? We would then be required to certify what? The bus body or the complete vehicle? I don't see how we could certify items such as those cited in Standard No. 102 which we would not alter in any way or some of the equipment in Standard No. 108 that comes in on the chassis that we would not bother such as headlamps. What should the certification tag or label say? Do you have forms or acceptable examples for this?

7. Title 23, Section 255.7 Applicability:

"(b) Military vehicles. No standard applies to a vehicle or item of equipment manufactured for, and sold directly to, the Armed Forces of the United States in conformity with contractual specifications.

(c) Export. No standard applies to a vehicle or item of equipment in the circumstances provided in section 108 (b) (5) of the Act (15 U.S.C. 1397 (b) (5)."

8. Standard No. 108 S3.4.3: "Taillamps, license plate lamps, and side marker lamps shall be illuminated when the headlamps are illuminated."

9. Standard No. 108 Table II Location of Equipment

Enclosed are two prints of

34754 Layout, Lamps and Reflex Reflector Locations, 1968 Model, 74" Headroom Conventional Bus

34755 Layout, Lamps and Reflex Reflector Locations, 1968 Model, 77" Headroom Conventional Bus

34756 Layout, Lamps and Reflex Reflector Locations, 1968 Model, 74" Headroom All American and Pusher Bus

34757 Layout, Lamps and Reflex Reflector Locations, 1968 Model, 77" Headroom All American and Pusher Bus

We certainly appreciate your help and consideration on these matters.

Sincerely, David A. Phelps, Jr. Engineering Services

Enclosures

Interpretation ID: nht67-1.6