ID: nht68-3.47

DATE: 07/31/68

FROM: R.M. O'MAHONEY -- NHTSA; SIGNATURE BY MR. SCHMELTZER

TO: E.L. Mobley

TITLE: FMVSR INTERPRETATION

TEXT: Your letter of July 19 to Mr. Vinson of my staff presents your problem regarding two Volkswagens which have been conditionally admitted to the United States pursuant to 19 C.F.R. @ 12.80(b)(2)(iii) and (c). You state "we want to do whatever is necessary to secure an unconditional release of the cars."

As the Acting District Director of Customs informed you in his letter of July 18, @ 12.80(c) requires that the importer submit to the Bureau of Customs:

". . . a statement verified by the importer or(Illegible Word) that the vehicle . . . described in the declaration filed by the importer has been brought into conformity with applicable safety standards, and identifying the manufacturer, contractor, or other person who has brought such vehicle . . . into conformity with such standards and describing the nature and extent of the work performed."

Production of statements for the two Volkswagens containing the information required by @ 12.80(c) should allow a release of the vehicles and a termination of the bond. As Customs further informed you, these statements are forwarded to the Highway Administration for evaluation. This means that, if questions arise about the conformance work, you will be asked to provide us with the name and addresses of the owners of these vehicles.

I enclose a copy of the standards currently applicable to passenger cars. Two of the three items you mentioned are only a small portion of the overall requirements of the standards. With reference to these items you will note that "seat belts" are covered by three Federal standards: No. 208 requiring installation of upper torso and pelvic restraints, No. 209 specifying conformance of assemblies, and No. 210 specifying detailed requirements for anchorage points. The requirements of Paragraph S 3.1 of Standard No. 201 does not per se require a "padded dash"; conversely there is no assurance that the padding of a previously bare dash panel will bring a non-conforming vehicle into conformity. "Back-up lights" is a Federal requirement only for passenger cars manufactured on or after January 1, 1969.

I hope this answers your questions.

ID: 19659.drn

Ms. Marcia Zerler
Director of Operations
Boys & Girls Clubs of the Lowcountry, Inc.
P. O. Box 1482
Beaufort, SC 29901

Dear Ms. Zerler:

This responds to your letter concerning dealers' refusals to sell 15-passenger vans to the Boys and Girls Clubs. I regret the delay in this response. You ask for clarification of the circumstances when buses are considered "school buses" under Federal law. As explained below, a new bus sold or leased to a Boys and Girls Club that will use the bus on a significant basis to transport school children to or from school is a "school bus" and must meet Federal motor vehicle safety standards for school buses.

Some background information may be helpful. The National Highway Traffic Safety Administration ( NHTSA) is authorized to issue and enforce Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles. Our statute at 49 U.S.C. 30112 requires any person selling or leasing a new vehicle to sell or lease a vehicle that meets all applicable standards. Accordingly, persons selling or leasing a new "school bus" must sell or lease a vehicle that meets the safety standards applicable to school buses.

Our statute defines a "schoolbus" as any vehicle that is designed for carrying a driver and more than 10 passengers and which, NHTSA decides, is likely to be "used significantly" to transport "preprimary, primary, and secondary" students to or from school or related events. 49 U.S.C. 30125. By regulation, the capacity threshold for school buses corresponds to that of buses -- vehicles designed for carrying more than ten (10) persons. For example, a 15-person van that is likely to be used significantly to transport students is a "school bus."

Because our laws apply only to the manufacture and sale of new motor vehicles, we do not prohibit child care facilities from using their large vans to transport school children even when the vehicles do not meet Federal school bus safety standards. However, each State has the authority to set its own standards regarding the use of motor vehicles, including school buses, so you should also check South Carolina law to see if there are regulations about how you must transport your children.

NHTSA distinguishes between facilities that provide educational programs and those that are strictly custodial. We do not consider child care programs that are custodial in nature to be "schools." However, in recent interpretations (see the attached July 23, 1998 letter to Mr. Don Cote) we have stressed that it is the purpose for which the bus is used, not the identity of the purchaser, that determines whether a dealer must sell a school bus or may sell another type of bus. Thus, if a custodial center were purchasing the bus to use significantly to transport students to or from school or school-related events, a dealer knowing of this purpose is required to sell a school bus.

In fully addressing the type of vehicle that should be used to transport your children, I am asking that you take the following into consideration. At a June 8, 1999, public meeting, the National Transportation Safety Board (NTSB) issued the attached abstract of a special investigative report on nonconforming buses. The NTSB issued the report after investigating in 1998 and 1999, four crashes in which 9 people were killed and 36 injured when riding in "nonconforming buses." NTSB defines "nonconforming bus" as a "bus that does not meet the FMVSSs specific to school buses." Most of the victims, including eight of the fatalities, were children.

In the abstract of its report, the NTSB issued several Safety Recommendations, including the following that was directed to child care providers such as the National Association of Child Care Professionals, the National Child Care Association, and Young Mens' and Young Women's Christian Associations:

Inform your members about the circumstances of the accidents discussed in this special investigation report and urge that they use school buses or buses having equivalent occupant protection to school buses to transport children.

In conclusion, we wish to emphasize that school buses are one of the safest forms of transportation in this country, and that we therefore strongly recommend that all buses that are used to transport school children be certified as meeting NHTSA's school bus safety standards. In addition, using 15-person vans that do not meet NHTSA's school bus standards to transport students could result in liability in the event of a crash.

I hope this information is helpful. I am enclosing NHTSA's publication: "School Bus Safety: Safe Passage for America's Children." This brochure explains the safety enhancements of a school bus that makes school buses safer than 15-person vans. Please be advised that there are small school buses (under 10,000 lb gross vehicle weight rating) available that seat 15 children. Because it would not be cost effective to do so, we do not recommend retrofitting 15-person vans to meet school bus standards.

I am also enclosing NHTSA's February 1999 "Guideline for the Safe Transportation of Pre-school Age Children in School Buses." This guideline establishes NHTSA's recommendations for how pre-school age children should be transported in school buses.

If you have any further questions about NHTSA's programs please feel free to contact Dorothy Nakama at this address or at (202) 366-2992. Information about NTSB's nonconforming bus report is available from the NTSB's Public Affairs Office at (202) 314-6100.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:VSA#571.3
d.10/7/99

ID: 20759.drn

Mr. Matthew Dombrowski
St. Anne's Infant and Maternity Home
4901 Eastern Avenue
Hyattsville, MD 20782

Dear Mr. Dombrowski:

This responds to your letter asking for a copy of "the recently approved rule or law regarding the use of 15 passenger vans for the transportation of children to or from preschool through grade 12." At the outset, let me state that there is no new Federal law that regulates how children must be transported. Instead, as explained below, we have recently reexamined how our requirements apply to certain buses used to transport school children.

The National Highway Traffic Safety Administration (NHTSA) is authorized to issue and enforce Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles. Our statute at 49 U.S.C. 30112 requires any person selling or leasing a new vehicle to sell or lease a vehicle that meets all applicable standards. Accordingly, persons selling or leasing a new "school bus" must sell or lease a vehicle that meets the safety standards applicable to school buses. Our statute defines a "schoolbus" as any vehicle that is designed for carrying a driver and more than 10 passengers and which, NHTSA decides, is likely to be "used significantly" to transport "preprimary, primary, and secondary" students to or from school or related events. 49 U.S.C. 30125. By regulation, the capacity threshold for school buses corresponds to that of buses -- vehicles designed for carrying more than ten (10) persons. For example, a 15-person van that is likely to be used significantly to transport students is a "school bus." Persons selling or leasing new 15-person vans for such use must sell or lease a van that meets our school bus standards.

In determining whether a dealer must sell a school bus to a facility, we distinguish between facilities that provide educational programs and those that are strictly custodial. We do not consider facilities that provide custodial programs to be "schools." However, in recent interpretations (see the attached July 23, 1998 letter to Mr. Don Cote) we have stressed that, even if a bus were sold to a facility that provides custodial care, if that facility were purchasing the new bus to use significantly to transport students to or from a school or events related to a school, a dealer knowing of this purpose would be required to sell a school bus.

Because our laws apply only to the manufacture and sale of new motor vehicles, we do not prohibit schools or other facilities from using large vans to transport school children, even when the vehicles do not meet Federal school bus safety standards. However, each State has the authority to set its own standards regarding the use of motor vehicles, including school buses. For this reason, Maryland law should be consulted to see if there are regulations about how children must be transported.

In conclusion, we wish to emphasize that school buses are one of the safest forms of transportation in this country, and that we therefore strongly recommend that all buses that are used to transport school children be certified as meeting NHTSA's school bus safety standards. In addition, using 15-person vans that do not meet NHTSA's school bus standards to transport students could result in liability in the event of a crash.

I am enclosing NHTSA's publication: "School Bus Safety: Safe Passage for America's Children." This brochure explains the safety enhancements of a school bus that makes school buses safer than "conventional vans." There are small school buses available that seat 15 children. While school buses are more expensive than large vans, we believe that the cost difference is not so large that it should prevent facilities from acquiring school buses. The cost range for 15-passenger school buses is approximately $30-32,000, compared to $25-28,000 for 15-passenger vans. The longer service life for school buses will offset a part of this difference.

Our belief that vehicles providing the safety of school buses should be used whenever transporting children in buses is shared by the National Transportation Safety Board (NTSB). At a June 8, 1999, public meeting, the NTSB issued the attached abstract of a special investigative report on nonconforming buses. The NTSB issued the report after investigating four crashes in 1998 and 1999 in which 9 people were killed and 36 injured when riding in "nonconforming buses." NTSB defines "nonconforming bus" as a "bus that does not meet the FMVSSs specific to school buses." Most of the victims, including eight of the fatalities, were children.

In the abstract of its report, the NTSB issued several Safety Recommendations, including the following that was directed to child care providers such as the National Association of Child Care Professionals, the National Child Care Association, and Young Mens' and Young Women's Christian Associations:

Inform your members about the circumstances of the accidents discussed in this special investigation report and urge that they use school buses or buses having equivalent occupant protection to school buses to transport children.

I am also enclosing NHTSA's February 1999 "Guideline for the Safe Transportation of Pre-school Age Children in School Buses." This guideline establishes NHTSA's recommendations for how pre-school age children should be transported in school buses.

I hope this information is helpful. If you have any further questions about NHTSA's programs, please feel free to contact Dorothy Nakama of my staff at this address or at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:VSA#571.3
d.10/22/99

ID: aiam5383

"Dear Mr. Marczynski: This responds to your letter in which you aske whether it would be legal for you to install after-market roll pans and convertible tops on light duty pick- up trucks. I apologize for the delay in our response. By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized under the National Traffic and Motor Vehicle Safety Act (the Safety Act) to issue Federal motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. The Safety Act prohibits any person from manufacturing, introducing into commerce, selling, or importing any new motor vehicle or item of motor vehicle equipment unless the vehicle or equipment item is in conformity with all applicable safety standards. After a vehicle's first purchase for purposes other than resale, i.e., the first retail sale of the vehicle, the presence and condition of devices or elements of design installed in the vehicle under applicable safety standards is affected by a section 108(a)(2)(A) of the Safety Act which provides: No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard. In general, this provision prohibits any manufacturer, dealer, distributor, or repair shop from removing, disabling, or otherwise 'rendering inoperative' any of the safety systems or devices installed on the vehicle to comply with a safety standard. However, modifications that change a vehicle from one vehicle type to another (e.g., from a hard-top to a convertible) do not violate the 'render inoperative' prohibition as long as the converted vehicle complies with the safety standards that would have applied if the vehicle had been originally manufactured as the new type. NHTSA has exercised its authority to establish four safety standards which have different requirements for convertible trucks: Standard No. 205, Glazing Materials, Standard No. 208, Occupant Crash Protection, Standard No. 216, Roof Crush Resistance, and Standard No. 302, Flammability of Interior Materials. An explanation of these differences follows. Standard No. 205 Standard No. 205 specifies requirements for glazing materials used in motor vehicles. Material used in a convertible top may be subject to this standard. Standard No. 208 Standard No. 208 sets forth requirements for occupant protection at the various seating positions in vehicles. These requirements differ depending on gross vehicle weight rating (GVWR) and year of manufacture. The requirements for hard-top and convertible vehicles manufactured in the same year may also differ. Standard No. 216 Multipurpose passenger vehicles, trucks and buses with a GVWR of 6,000 pounds or less, manufactured on or after September 1, 1994, are required to comply with Standard No. 216. However, Standard No. 216 does not apply to convertibles. Standard No. 302 Standard No. 302 specifies burn resistance requirements for materials used in the occupant compartment of motor vehicles. Material used in a convertible top may be subject to this standard. In summary, you are responsible for ensuring that, in the process of installing a roll pan or convertible top, you do not remove, disable, or otherwise 'render inoperative' any of the safety systems or devices installed on the vehicle to comply with a safety standard. However, to the extent that a different standard is applicable to convertibles, modifications which result in the vehicle complying with the standard that applied to convertibles are permitted. I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel";

ID: nht90-2.87

TYPE: INTERPRETATION-NHTSA

DATE: 06/15/90

FROM: NORMAN B. SCOTT, JR.,-- SNUG SEAT, INC.

TO: ERIKA T. JONES -- CHIEF COUNSEL, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 8-15-90 TO N. B. SCOTT, JR., FROM P. J. RICE; (A36; STD. 213); ALSO ATTACHED--PHOTOGRAPH (OMITTED)

TEXT:

During a meeting held at NHTSA offices on June 13, 1990, 1 presented a new product being introduced to the market in the next 60 days which will transport "Low Birth Weight" (LBW) infants in a supine or prone position.

This "LBW" car bed is to be called the Mini-Swinger and will be represented as appropriate for infants no longer than twenty (20) inches and no more than eight to ten (8-10) pounds in weight. The Mini-Swinger was developed as a safer means of transporta tion for the "LBW" population of infants that do not have the skeletal/muscular structure required for safe transportation in the standard rear facing six (6) month old car seats. The Mini-Swinger is protected by patent number 4,113,306 issued to Mr. vo n Wimmersperg and owned by the West German firm, Romer-Britax.

As FMVSS 213 does not deal directly with infants of this size we would like an opinion on the following:

In order to certify to FMVSS 213 we are required to place the six (6) month old seventeen (17) pound dummy in the Mini-Swinger. The six (6) month old dummy's torso fits in the Mini-Swinger; however, the legs do not. A dynamic crash test showed the dumm y staying in the shell and the shell maintaining its integrity.

Given that FMVSS 213 does not address the comfort of the occupant of a car seat, we need to know if you accept our testing as adequate relative to the present standard.

On July 8, 1988, you wrote a six (6) page letter to Donald Friedman, Liability Research, Inc., relative to a similar issue. During review of this letter, it seems evident to me the testing we have done is an acceptable test for compliance to FMVSS 213.

Would you please review our request and let me know your thoughts at the earliest convenience?

ID: 21525.drn

The Honorable Judd Gregg
United States Senate
Washington, DC 20510-2904

Dear Senator Gregg:

Thank you for your letter to Mr. Peter Halpin, Director of the Department of Transportation's Office of Congressional Affairs, on behalf of a constituent who expressed concerns "regarding a change in federal standards which would prevent the use of vans to transport students."

Because the National Highway Traffic Safety Administration (NHTSA) administers federal regulations for school buses, your letter has been referred to my office for reply. At the outset, let me state that there is no federal statute or regulation that regulates how children must be transported. Requirements regulating how persons must be transported are determined by state law.

Some background information may be helpful. NHTSA is authorized to issue and enforce Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles. Our statute at 49 U.S.C. 30112 requires any person selling or leasing a new vehicle to sell or lease a vehicle that meets all applicable standards. Accordingly, persons selling or leasing a new "school bus" must sell or lease a vehicle that meets the safety standards applicable to school buses. Our statute defines a "schoolbus" as any vehicle that is designed for carrying a driver and more than 10 passengers and which, NHTSA decides, is likely to be "used significantly" to transport "preprimary, primary, and secondary" students to or from school or related events. 49 U.S.C. 30125. By regulation, the capacity threshold for school buses corresponds to that of buses -- vehicles designed for carrying more than ten (10) persons. For example, a 15-person van that is likely to be used significantly to transport students is a "school bus." Persons selling or leasing new 15-person vans for such use must sell or lease a van that meets our school bus standards.

In determining whether a dealer must sell a school bus to a facility, we distinguish between facilities that provide educational programs and those that are strictly custodial. We do not consider facilities that provide custodial programs to be "schools." However, in recent interpretations (see the attached July 23, 1998, letter to Mr. Don Cote) we have stressed that, even if a bus were sold to a facility that provides custodial care, if that facility were purchasing the new bus to use significantly to transport students to or from a school or events related to a school, a dealer knowing of this purpose would be required to sell a school bus.

Because our laws apply only to the manufacture and sale of new motor vehicles, we do not prohibit schools or child care facilities from using large vans to transport school children, even when the vehicles do not meet federal school bus safety standards. However, each state has the authority to set its own standards regarding the use of motor vehicles, including school buses. For this reason, New Hampshire law should be consulted to see if there are regulations about how children must be transported.

We wish to emphasize that school buses are one of the safest forms of transportation in this country, and that we therefore strongly recommend that all buses that are used to transport school children be certified as meeting NHTSA's school bus safety standards. In addition, using 15-person vans that do not meet NHTSA's school bus standards to transport students could result in liability in the event of a crash.

I am enclosing NHTSA's publication: "School Bus Safety: Safe Passage for America's Children." This brochure explains the safety enhancements of a school bus that makes school buses safer than "conventional vans." There are small school buses available that seat 15 children. While school buses are more expensive than large vans, we believe that the cost difference is not so large that it should prevent child care centers from acquiring school buses. The cost range for 15-passenger school buses is approximately $30-32,000, compared to $25-28,000 for 15-passenger vans. The longer service life for school buses will offset a part of this difference.

Our belief that vehicles providing the safety of school buses should be used whenever transporting children in buses is shared by the National Transportation Safety Board (NTSB). At a June 8, 1999, public meeting, the NTSB issued the enclosed abstract of a special investigative report on nonconforming buses. The NTSB issued the report after investigating four crashes in 1998 and 1999 in which 9 people were killed and 36 injured when riding in "nonconforming buses." NTSB defines "nonconforming bus" as a "bus that does not meet the FMVSSs specific to school buses." Most of the victims, including eight of the fatalities, were children.

In the abstract of its report, the NTSB issued several Safety Recommendations, including the following that was directed to child care providers such as the National Association of Child Care Professionals, the National Child Care Association, and Young Mens' and Young Women's Christian Associations:

Inform your members about the circumstances of the accidents discussed in this special investigation report and urge that they use school buses or buses having equivalent occupant protection to school buses to transport children.

I am also enclosing NHTSA's February 1999 "Guideline for the Safe Transportation of Pre-school Age Children in School Buses." This guideline establishes NHTSA's recommendations for how pre-school age children should be transported in school buses.

I hope this information is helpful. If you have any further questions, please contact Charlotte Hrncir, the Director of Intergovernmental and Congressional Affairs, at (202) 366-2111.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:VSA#571.3
d.5/10/00

ID: 20706.drn

The Honorable Judd Gregg
United States Senate
Washington, DC 20510-2904

Dear Senator Gregg:

Thank you for your letter to Mr. Peter Halpin, Director of the Department of Transportation's Office of Congressional Affairs, on behalf of your constituent, Ms. Anne Duguay of Bedford. Ms. Duguay has contacted you to find out about "a federal law recently passed which sets requirements for transporting groups of children in vans ... which hold 8 to 15 passengers."

Because the National Highway Traffic Safety Administration (NHTSA) administers Federal regulations for school buses, your letter has been referred to my office for reply. At the outset, let me state that there is no new Federal law that regulates how children must be transported. Requirements regulating how persons must be transported are determined by State law.

Some background information may be helpful. NHTSA is authorized to issue and enforce Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles. Our statute at 49 U.S.C. 30112 requires any person selling or leasing a new vehicle to sell or lease a vehicle that meets all applicable standards. Accordingly, persons selling or leasing a new "school bus" must sell or lease a vehicle that meets the safety standards applicable to school buses. Our statute defines a "schoolbus" as any vehicle that is designed for carrying a driver and more than 10 passengers and which, NHTSA decides, is likely to be "used significantly" to transport "preprimary, primary, and secondary" students to or from school or related events. 49 U.S.C. 30125. By regulation, the capacity threshold for school buses corresponds to that of buses -- vehicles designed for carrying more than ten (10) persons. For example, a 15-person van that is likely to be used significantly to transport students is a "school bus." Persons selling or leasing new 15-person vans for such use must sell or lease a van that meets our school bus standards.

In determining whether a dealer must sell a school bus to a facility, we distinguish between facilities that provide educational programs and those that are strictly custodial. We do not consider facilities that provide custodial programs to be "schools." However, in recent interpretations (see the attached July 23, 1998 letter to Mr. Don Cote) we have stressed that, even if a bus were sold to a facility that provides custodial care, if that facility were purchasing the new bus to use significantly to transport students to or from a school or events related to a school, a dealer knowing of this purpose would be required to sell a school bus.

Because our laws apply only to the manufacture and sale of new motor vehicles, we do not prohibit schools or child care facilities from using large vans to transport school children, even when the vehicles do not meet Federal school bus safety standards. However, each State has the authority to set its own standards regarding the use of motor vehicles, including school buses. For this reason, New Hampshire law should be consulted to see if there are regulations about how children must be transported.

We wish to emphasize that school buses are one of the safest forms of transportation in this country, and that we therefore strongly recommend that all buses that are used to transport school children be certified as meeting NHTSA's school bus safety standards. In addition, using 15-person vans that do not meet NHTSA's school bus standards to transport students could result in liability in the event of a crash.

I am enclosing NHTSA's publication: "School Bus Safety: Safe Passage for America's Children." This brochure explains the safety enhancements of a school bus that makes school buses safer than "conventional vans." There are small school buses available that seat 15 children. While school buses are more expensive than large vans, we believe that the cost difference is not so large that it should prevent child care centers from acquiring school buses. The cost range for 15-passenger school buses is approximately $30-32,000, compared to $25-28,000 for 15-passenger vans. The longer service life for school buses will offset a part of this difference.

Our belief that vehicles providing the safety of school buses should be used whenever transporting children in buses is shared by the National Transportation Safety Board (NTSB). At a June 8, 1999, public meeting, the NTSB issued the attached abstract of a special investigative report on nonconforming buses. The NTSB issued the report after investigating four crashes in 1998 and 1999 in which 9 people were killed and 36 injured when riding in "nonconforming buses." NTSB defines "nonconforming bus" as a "bus that does not meet the FMVSSs specific to school buses." Most of the victims, including eight of the fatalities, were children.

In the abstract of its report, the NTSB issued several Safety Recommendations, including the following that was directed to child care providers such as the National Association of Child Care Professionals, the National Child Care Association, and Young Mens' and Young Women's Christian Associations:

Inform your members about the circumstances of the accidents discussed in this special investigation report and urge that they use school buses or buses having equivalent occupant protection to school buses to transport children.

I am also enclosing NHTSA's February 1999 "Guideline for the Safe Transportation of Pre-school Age Children in School Buses." This guideline establishes NHTSA's recommendations for how pre-school age children should be transported in school buses.

I hope this information is helpful. If you have any further questions about NHTSA's programs, please feel free to contact me.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:VSA#571.3
d.10/14/99

ID: aiam5138

"Dear Mr. Ernst: This responds to your February 4, 1993, lette concerning possible legal obligations to repair an air bag system following a collision. You stated that your organization produces technical training for the automotive collision repair industry and has received a number of inquiries concerning this issue. Your specific questions are addressed below. Where two questions concern a common issue, they are addressed by a single response. 1. Are there Federal regulations which specifically direct the collision repair facility to restore the supplemental restraint system to an operable condition following a deployment on vehicles the facility repairs? 4. Can the vehicle be sold if the owner knows that the supplemental restraint is inoperable because of a previous deployment? I am enclosing a copy of a January 19, 1990, letter to Ms. Linda L. Conrad which addresses the issue of possible legal obligations to repair a deployed air bag following a collision. As explained in that letter, Federal law does not require replacement of a deployed air bag in a used vehicle. In addition, there is no Federal law that prohibits selling a used vehicle with a supplemental restraint that is inoperable because of a previous deployment. However, our agency strongly encourages dealers and repair businesses to replace deployed air bags whenever vehicles are repaired or resold, to ensure that the vehicles will continue to provide maximum crash protection for occupants. Moreover, a dealer or repair business may be required by state law to replace a deployed air bag, or be liable for failure to do so. 2. If repairs are deliberately made to mask the fact that the air bag system is inoperative, has the repair facility violated any applicable laws? Section S4.5.2 of Standard No. 208 requires a readiness indicator for an air bag system which is clearly visible from the driver's seating position. After an air bag is deployed, this indicator would show that the air bag system is not operative. Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A)) provides that: No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard. As explained in the Conrad letter enclosed, this provision does not impose an affirmative duty on a repair business to replace an air bag that was damaged in a crash. However, this section would prohibit the repair business from removing, disabling, or otherwise 'rendering inoperative' the readiness indicator. Any violations of this 'render inoperative' prohibition in the Safety Act would subject the violator to a potential civil penalty of up to $1,000 for each violation. 3. If the owner of the vehicle requests that the supplemental restraint not be restored to operational condition, is the owner of the repair facility or the vehicle liable for later injuries? Liability risk is a question of state law, not of Federal law. Therefore, a repair business should consult an attorney in its state about this question. I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosure";

ID: nht71-4.32

DATE: 10/26/71

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Rex Chainbelt Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of October 8, 1971, in which you expressed concern over the implications of the gross axle and gross vehicle weight ratings to appear on certification labels, beginning January 1, 1972. You requested our assurance that "the GVWR will not be interpreted so strictly as to make liable the manufacturer whose body, if loaded to its nominally rated capacity, would exceed the GVWR indicated on the certificate."

The GVWR and GAWR values are, within limits, to be supplied by the vehicle manufacturer based on his own knowledge of the vehicle's capacity. In the amendment to the certification regulations published October 8, 1971 (36 F.R. 19593), a requirement was added that the GVWR figure "shall not be less than the sum of unloaded vehicle weight, rated cargo load, and 150 pounds times the vehicle's designated seating capacity." From the standpoint of the regulation itself, the only other limit on GVWR would be that it should not be more than the sum of the GAWR's (although it may be less), since otherwise the vehicle would obviously be supplied with axle systems inadequate for its carrying capacity.

Thus, the GVWR must not be less than a figure that reflects the full "rated cargo load" of the completed vehicle. Obversely, if you supply a rated cargo load, the weight of the vehicle when carrying that load must not exceed the GVWR. If you supply no rated cargo load, but only the volumetric capacity, the capacity would not on its face lead to a violation of the certification regulations, since as you note the specific weight of the material carried varies considerably.

You should be aware, however, that completing the vehicle so that its apparent carrying capacity exceeds the stated weight ratings may create some risks of liability beyond the certification regulations themselves. If, for example, the vehicle suffers a hazardous malfunction in use that can be traced to overloading of its axle systems, its manufacturer may be liable both under the defect provisions of the National Traffic and Motor Vehicle Safety Act (section 113, 15 U.S.C. 1402) and under common-law product liability doctrines. In such a case, the manufacturer of the incomplete vehicle might avoid liability, leaving it all on the final-stage manufacturer, by pointing out that the design of the vehicle as completed led the user to exceed the GVWR and GVWR furnished with the incomplete vehicle.

ID: 21271.drn

Major Wayne C. Griswold
General Secretary
The Salvation Army
Kansas & Western Missouri
Divisional Headquarters
3637 Broadway - PO Box 412577
Kansas City, MO 64141-2577

Dear Major Griswold:

This responds to your January 24, 2000, request for an interpretation of the National Highway Traffic Safety Administration's (NHTSA's) prohibition on dealers selling new 15-person vans for transporting children to or from school or related events. You wish to know whether the prohibition affects your church as well as schools. Our answer is provided below.

Some background information may be helpful. NHTSA is authorized to issue and enforce Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles. Our statute at 49 U.S.C. 30112 requires any person selling or leasing a new vehicle to sell or lease a vehicle that meets all applicable standards. Accordingly, persons selling or leasing a new "school bus" must sell or lease a vehicle that meets the safety standards applicable to school buses. Our statute defines a "schoolbus" as any vehicle that is designed for carrying a driver and more than 10 passengers and which, NHTSA decides, is likely to be "used significantly" to transport "preprimary, primary, and secondary" students to or from school or related events. 49 U.S.C. 30125. By regulation, the capacity threshold for school buses corresponds to that of buses -- vehicles designed for carrying more than ten (10) persons. For example, a 15-person van that is likely to be used significantly to transport students is a "school bus." Persons selling or leasing new 15-person vans for such use must sell or lease a van that meets our school bus standards.

In the past, when reviewing a dealer's sale of a new vehicle, NHTSA looked at the nature of the institution purchasing the vehicle. In recent interpretations (see the attached July 17, 1998, letter to Mr. Greg Balmer of the YMCA), we noted that it was more appropriate to consider the extent to which the buses are used to carry children to or from school or related events. In the Balmer letter, we stressed that, even if a bus were sold to a facility that provides custodial care (i.e., to a facility that is not a "school"), if that facility were purchasing the new bus to use significantly to transport students to or from a school or events related to a school, a dealer knowing of this purpose would be required to sell a school bus.

Turning to your letter, you ask about vehicles that would be used to transport children in your residential care units to their school each morning. We believe that such use is a "significant use" of the vehicles to transport students to or from school or related events. A dealer knowing of this purpose that wishes to sell you a new bus (e.g., a 15-person van) would have to sell a bus that meets our school bus standards. This would be the case even if the bus were also to be used for transportation for your character building programs and other social services for youngsters.

Because our laws apply only to the manufacture and sale of new motor vehicles, we do not prohibit schools or other facilities from using large vans to transport school children, even when the vehicles do not meet Federal school bus safety standards. However, each State has the authority to set its own standards regarding the use of motor vehicles, including school buses. For this reason, Missouri law should be consulted to see if there are regulations about how children must be transported.

In conclusion, we wish to emphasize that school buses are one of the safest forms of transportation in this country, and that we therefore strongly recommend that all buses that are used to transport school children be certified as meeting NHTSA's school bus safety standards. In addition, using 15-person vans that do not meet NHTSA's school bus standards to transport students could result in liability in the event of a crash.

I am enclosing NHTSA's publication: "School Bus Safety: Safe Passage for America's Children." This brochure explains the safety enhancements of a school bus that makes school buses safer than "conventional vans." There are small school buses available that seat 15 children. While school buses are more expensive than large vans, we believe that the cost difference is not so large that it should prevent facilities from acquiring school buses. The cost range for 15-person school buses is approximately $30-32,000, compared to $25-28,000 for 15-person vans. The longer service life for school buses will offset a part of this difference.

Our belief that vehicles providing the safety of school buses should be used whenever transporting children in buses is shared by the National Transportation Safety Board (NTSB). At a June 8, 1999, public meeting, the NTSB issued the attached abstract of a special investigative report on nonconforming buses. The NTSB issued the report after investigating four crashes in 1998 and 1999 in which 9 people were killed and 36 injured when riding in "nonconforming buses." NTSB defines "nonconforming bus" as a "bus that does not meet the FMVSSs specific to school buses." Most of the victims, including eight of the fatalities, were children.

In the abstract of its report, the NTSB issued several Safety Recommendations, including the following that was directed to child care providers such as the National Association of Child Care Professionals, the National Child Care Association, and Young Mens' and Young Women's Christian Associations:

Inform your members about the circumstances of the accidents discussed in this special investigation report and urge that they use school buses or buses having equivalent occupant protection to school buses to transport children.

I am also enclosing NHTSA's February 1999 "Guideline for the Safe Transportation of Pre-school Age Children in School Buses." This guideline establishes NHTSA's recommendations for how pre-school age children should be transported in school buses.

I hope this information is helpful. If you have any further questions about NHTSA's programs, please feel free to contact Dorothy Nakama of my staff at this address or at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:VSA#571.3
d.3/30/00