Interpretation ID: nht72-6.30

DATE: 07/17/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: McLaughlin Equiqment Co.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of May 17, 1972, concerning the remounting of old school bus bodies on new chassis. You indicate that this practice is occuring in North Dakota, enclose an advertising brochure of a company that performs the service, and also enclose a copy of a letter from Mr. Robert B. Klure of the Divco-Wayne Corporation which discusses possible safety problems that may result from this practice. You have asked us to outline actions and procedures that can be taken by the NHTSA or your office to curtail this practice.

The NHTSA considers the mounting of an old school bus body on a new chassis to be manufacturing of a vehicle, which must conform to all applicable motor vehicle safety standards in effect on the day of the manufacture of the chassis, or of the completed vehicle. The failure of a school bus manufactured in this fashion to conform to applicable standards would be a violation of section 108(a)(1) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a) (1)), and could subject its manufacturer to civil penalties and other sanctions. In addition, such vehicles must be certified as conforming to all applicable standards, and the failure of a manufacturer to certify can also result in the imposition of similar sanctions.

It appears from the discussion of safety problems in Mr. Klure's letter that the mounting of old school bus bodies on new chassis creates safety problems that the NHTSA might consider to be safety related defects. If a finding is made by NHTSA that such a defect exists, the manufacturer would be required to notify owners of the defect, and the NHTSA would probably urge the manufacturer to conduct a recall campaign.

In either case the NHTSA will take steps to see that all manufacturers are complying with NHTSA requirements. You can assist us by providing the names of companies which you believe are engaging in this practice. This information should be sent to Mr. Francis Armstrong, Director, Office of Standards Enforcement, National Highway Traffic Safety Adminsitration, 400 7th Street, S.W., Washington, D.C. 20590.