Interpretation ID: nht87-1.51

TYPE: INTERPRETATION-NHTSA

DATE: 03/20/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: M.B. Mathieson -- Direcdtor of Engineering, Thomas Built Buses, L.P.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. M.B. Mathieson Director of Engineering Thomas Built Buses, L.P. P.O. Box 2450 High Point, NC 27261

This is in reply to your letters to Francis Armstrong, Robert Williams, and Taylor Vinson, all of this agency. I regret the delay in this reply.

In summary, Thomas wishes to mount a body of its construction to a "General Motors chassis model #G31303, certified by G.M. to have a 10,000 lbs. maximum GVWR." Two prototypes have been operating. In testing for compliance with the frontal impact require ments of Standard No. 301, the rate of fuel leakage from a pinched or broken fuel line greatly exceeded the amount permitted by the standard. The test conducted by Thomas used sandbags to simulate occupant loading, and the impact velocity was reported to be 30.4 m.p.h. You have asked the following four questions:

"1. Does the result of the frontal barrier crash test with the discovered fuel leak constitute a safety defect?"

"2. Does the result of the frontal barrier crash test with the discovered fuel leak constitute an apparent or alleged noncompliance with FMVSS 301 requirement?"

The results of the frontal barrier crash test do not constitute an alleged or apparent noncompliance with Standard No. 301 as the impact velocity exceeded the 30 m.p.h. maximum test requirement. In addition, the vehicle's test weight in your test exceede d the test weight specified in S7.1.6(b) of the standard. Further, those results do not constitute a safety related defect regardless of the use of the vehicle. For NHTSA to find a safety related defect at 30.4 m.p.h. would be the equivalent of imposing a new standard without following Administrative Procedure Act requirements for rulemaking.

However, in our view, Thomas could not in good faith certify compliance of the completed bus with the 30 m.p.h. requirements if there was a failure when a correctly loaded bus was tested at 30.4 m.p.h and no counterbalancing data showing passes in other tests. Had NHTSA conducted a test at 30.4 m.p.h. and found a failure, it would have proceeded to conduct another test in accordance with the specifications of Standard No. 301 and test at a speed slightly less than 30 m.p.h. and with a Part 572 dummy in the driver's seat.

3. "What is NHTSA's interpretation of the correct vehicle test weight for FMVSS 301 certification testing of school buses and non school buses for vehicles in the under and up to 10,000 lbs.' class and equipped with seat belts required to comply with FMV SS 208?"

The test weight is set forth in paragraph S7.1.6(b) of Standard No. 301. That section provides that a "bus with a GVWR of 10,000 pounds or less is loaded to its unloaded vehicle weight, plus the necessary test dummies as specified in S6., plus 300 pounds or its rated cargo load and luggage capacity weight, whichever is less,...."

4. "If Thomas Built Buses performs a certification test to the requirements of FMVSS 301 with a similar vehicle (equipped with required seat belts which are required to comply with FMVSS 208) at a test weight as noted by GM (approximately 7,500 pounds) a nd the results show full compliance, what is the legal status or implication of completing and offering for sale this type of vehicle at a GVWR of up to 10,000 lbs. and indicating that it complies with FMVSS 301 on the basis of a successful test at the l ower GVWR."

This question cannot be answered because the facts stated in your question appear to be incorrect. Our review of the documentation you enclosed shows that GM has rated the incomplete vehicle at 10,000 pounds GVWR, rather than at approximately 7,500 pound s GVWR, as stated in your letter. GM has, however, specified the maximum unloaded vehicle weight as 6866 pounds, and stated that the completed vehicle will comply if its unloaded vehicle weight does not exceed this amount. It has also stated that the max imum unloaded vehicle weight plus 634 pounds (which, when added to 6866 pounds equals 7500 pounds) cannot exceed the vehicle's GVWR, which is 10,000 pounds in this case. GM therefore has made no representation that its incomplete vehicle will meet Standa rd No. 301 at weights outside those values, and the burden of certification falls upon the final stage manufacturer who completes the vehicle in a manner outside the limits cited by GM.

I hope that this answers your questions.

Sincerely,

Erika Z. Jones Chief Counsel

June 11, 1986

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 400 7th Street, S.W. Washington,D.C. 20590

Attn: Mr. Francis Armstrong, Director Office of Vehicle Safety Compliance

Attn: Mr. Taylor Vinson, Office of Chief Counsel

Attn: Mr. Robert Williams, Office of Vehicle Safety Standards

RE: FMVSS 301 Fuel System Integrity

Gentlemen,

This letter is in reference to telephone conversations of June 9, 1986, with Mr. Martin Paliokas, Mr. Bob Krause, and Mr. Robert Williams regarding a possible safety defect, and/or a possible non-compliance with FMVSS 301. This instance involves a Thomas Minotour Model school bus, in the "10,000 lbs. or under" class GVWR.

Thomas Built Buses, L.P. proposes to mount the body of this model school bus on a General Motors chassis model #G31303, certified by G.M. to have a 10,000 lbs. maximum GVWR, and has, in fact, had two prototype vehicles operating in public service for som e time.

Pursuant to FMVSS 222, para. S5(b), Requirements, each of these vehicles is equipped with seat belts at each designated seating position, that meet the applicable requirements of 571.208 and 571.209, etc., as specified in para. S5(b).

Due to some proposed body structural changes, Thomas Buses elected to perform durability testing and barrier crash tests on the final configuration of the proposed vehicle. After completion of the durability testing, which comprises 4,000 miles of operat ion over a prescribed test track program at Transportation Research Center in East Liberty,Ohio, the vehicle was completely inspected, including the chassis. No deterioration or distress of any nature was found. The vehicle was then transferred to the fa cilities of Arvin/Calspan Advanced Technology Center in Buffalo, N.Y. for barrier crash testing.

For purposes of continuity and repeatability Thomas elected to use the barrier crash requirements as specified in FMVSS 301 for this portion of our test program. To determine the vehicle loaded condition to be used for the lateral moving barrier crash an d the frontal barrier crash, we noted the following requirement of FMVSS 301.

Para.S6.1 Frontal Barrier Crash:

When the vehicle, traveling longitudinally forward at any speed up to and including 30 mph impacts......with 50th percentile test dummies as specified in Part 572 of this chapter at each front outboard designated seating position and at any other positio n whose protection system is required to be tested by a dummy under the provisions of Standard 208 .... ..fuel spillage shall not exceed the limits of S5.5.

Para. -S6.3 Lateral Moving Barrier Crash:

When the vehicle is impacted on either side....with 50th percentile test dummies as specified in Part 572 of this chapter at positions required for testing to standard No. 208...... fuel spillage shall not exceed the limits of S5.5.

Thomas Built Buses interpreted the above requirements of FMVSS 301 as intending to require that testing of school buses "at or under" 10,000 lbs. GVWR be performed at a GVWR approximating the loaded passenger weight, as is required for school buses with GVWR in excess of 10,000 lbs. (Specified in FMVSS 301, para. S7.1.6(c).) Accordingly, since our design passenger weight for this vehicle would bring the GVWR very close to 10,000 lbs. maximum GVWR, Thomas elected to test the vehicle loaded with sand bags to simulate the final vehicle configuration with a full passenger load.

On May 28, 1986, Arvin/Calspan performed the lateral moving barrier crash per the requirements of FMVSS 301 with the vehicle at approximately 10,000 lbs. GVWR. The vehicle was again completely inspected. Other than minor sheet metal deformation in the ar ea of the fuel tank filler neck no damage was noted to body or chassis. The test successfully demonstrated compliance with FMVSS 301 to this point. (Static rollover testing was not done.)

On May 29, 1986, Arvin/Calspan performed the frontal barrier crash per the requirements of FMVSS 301. Impact velocity was reported to be 30.4 miles per hour. A significant amount of crushing was experienced at the front of the vehicle in the cab/engine a rea. Inspection revealed that just beside and behind the right front wheel the chassis frame rail had distorted severely, pinching or breaking one or more fuel lines that are tied to the frame rail in the G.M. "as delivered" configuration. Rate of leakag e from this fuel line significantly exceeded the limits of FMVSS 301, para. S5.5 and appeared to be siphoning fuel from the main tank which was positioned higher than the fuel line break. The leak was stopped by pinching the line between the tank and the leak area.

Upon contacting G.M. personnel regarding the results of our testing, we were directed by them to the Incomplete vehicle document statements regarding their certification limitations. As we understand this document, even though the chassis is certified as being able to be completed as a school bus with a 10,000 lbs. GVWR, the G.M. certification testing to FMVSS 301 requirements was limited to a GVWR of approximately 7,500 lbs., which is apparently G.M.'s understanding of the FMVSS 301 requirements.

The following items are enclosed for your assistance in under standing our questions in this matter:

a) The G.M. document for Incomplete Vehicle.

b) Pictures of the vehicle before and after frontal barrier crash testing to show the area of concern.

Thomas Built Buses, L.P. respectfully submits the following questions:

1. Does the result of the frontal barrier crash test with the discovered fuel leak constitute a safety defect?

2. Does the result of the frontal barrier crash test with the discovered fuel leak constitute an apparent or alleged non-compliance with FMVSS 301 requirement?

3. What is NHTSA's interpretation of the correct vehicle GVWR for FMVSS 301 certification testing of school buses and non-school buses for vehicles in the "under and up to 10,000 lbs." class and equipped with seat belts required to comply with FMVSS 208?

4. If Thomas Built Buses performs a certification test to the requirements of FMVSS 301 with a similar vehicle (equipped with required seat belts which are required to comply with FMVSS 208) at a GVWR as noted by G.M. (approximately 7,500 lbs.) and the r esults show full compliance, what is the legal status or implication of completing and offering for sale this type of vehicle at a GVWR of up to 10,000 lbs. and indicating that it complies with FMVSS 301 on the basis of a successful test at the lower GVW R?

Thomas Built Buses has presently stopped all further work on the development of this model. In expectation of a successful test program, considerable amount of money has been spent on tooling, prototype parts, etc. Anything that could be done to expedite answers to the above questions would be most helpful in our determination of further action. Thank you.

Sincerely yours,

THOMAS BUILT BUSES, L.P. M. B. MATHIESON, Director of Engineering