Interpretation ID: nht80-2.6

DATE: 04/17/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: State of Florida, Earl H. Wright

TITLE: FMVSS INTERPRETATION

ATTACHMT: 8/17/79 letter from Frank Berndt to Mike Champagne

TEXT:

Mr. Earl H. Wright Administrator Department of Education State of Florida Tallahassee, Florida 32304

Dear Mr. Wright:

This responds to your recent letter requesting information concerning the legal ramifications of converting school buses with gasoline fuel systems to liquefied fuel systems.

I am enclosing a copy of a letter that we issued last year which discusses the Federal requirements and implications of making such conversions of vehicle fuel systems. That letter should answer all of your questions. Please note that an individual or an entity such as a State agency or school board can make modifications to his or its own vehicles with impunity as far as Federal requirements are concerned, if that individual or entity performs the work. For example, district school board employees could make the conversion you desire without regard to Federal requirements, whereas a motor vehicle repair business or the L.P. gas dealer would be responsible for complying with all Federal requirements.

I hope this has been responsive to your inquiry. If you have any further questions, please contact Hugh Oates of my office at 202-426-2992.

Sincerely,

Frank Berndt Chief Counsel

Enclosure

[letter dated 8/17/79 from Frank Berndt to Mike Champagne omitted here.]

March 21, 1980

Mr. Frank Berndt Chief Counsel U.S. Department of Transportation National Highway Traffic Safety Administration Washington, D.C. 20590

Dear Mr. Berndt:

At least two county district school boards in Florida have converted school buses from a gasoline fuel system to a liquefied petroleum (L.P.) gas fuel system. Other district school boards are considering making such conversions to school buses.

The conversions include removing, from the school bus chassis, a fuel system certified to the National Highway Traffic Safety Administration by the chassis manufacturer as meeting Federal Motor Vehicle Safety Standard 301, Fuel System Integrity, and installing in its place an L.P. gas system that has not met certification requirements for F.M.V.S.S. 301. In some cases the conversions were done to new buses immediately after they were delivered to the school district by the manufacturer. In other cases the conversions were done to one- or two-year old used school buses. Some conversions were made by L.P. gas dealers and some were made by district school board employees.

In that some school buses have been converted to L.P. gas and there is an indicating that such a conversion program involving hundreds of school buses in Florida may be begun soon, I am requesting answers as follows:

(1) If a state agency, or person, knowingly renders inoperative a fuel system installed on a school bus in compliance with F.M.V.S.S. 301 by removing the fuel system from the bus and replacing it with a fuel system that does not meet the requirements of F.M.V.S.S. 301, has the state agency, or person, committed a violation of a federal law or of a rule or safety standard authorized by law?

(2) If a state agency, or person, is found to be responsible for noncompliance with a Federal Motor Vehicle Safety Standard because of actions described in item (1) above, is there a penalty for being responsible for such noncompliance?

Your consideration and response to the above request will be appreciated.

Sincerely,

Earl H. Wright Administrator School Transportation