Interpretation ID: 1984-2.26

TYPE: INTERPRETATION-NHTSA

DATE: 07/11/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: State of Alabama

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Wayne Teague State Superintendent of Education State of Alabama State Office Building Montgomery, Alabama 36130

Dear Mr. Teague:

This responds to your June 27, 1984, letter to the National Highway Traffic Safety Administration (NHTSA) requesting information regarding the legal ramifications of converting school buses with gasoline or diesel fuel systems to propane or compressed natural gas fuel systems.

We are enclosing a copy of a letter that we sent on August 17, 1979, to Mr. Mike Champagne, which discusses the Federal requirements and implications of making such conversions of vehicle fuel systems. This letter should provide you with the information that you requested. You specifically asked about the possible liability in tort that the Department of Education may incur as a result of the conversion. We emphasize that the possibility of tortious liability, which is governed by State law, exists even where the modifications are made in compliance with the requirements of this agency. We suggest that you therefore discuss the matter of liability in tort with your insurance company and attorney.

You also asked whether there is an agency which can certify that the modified fuel system complies with a safety standard, thereby providing school systems and Department of Education with a defense in the event of a private lawsuit in tort. We are not aware of any Federal agency that provides this type of certification. You may want to consider having the modified fuel systems on your school buses tested by a private engineering or research facility to verify that the conversions were properly done.

Sincerely,

Frank Berndt Chief Counsel Enclosure

June 27, 1984

Mr. Frank A. Berndt, Chief Council N.H.T.S.A. - NOA-30 U. S. Department of Transportation Washington, D.C. 20590

Dear Mr. Berndt:

A variety of fuel alternatives is being offered by fuel innovators that will reduce gasoline fuel consumption or replace gasoline altogether. Some energy experts are calling for massive efforts on the part of industry and government to speed the development of the synthetic fuels industry to reduce the dependence on oil imports. However, even in light of all the research by government and private agencies, there are no Federal Department of Transportation Safety Standards relating directly to the use of propane or compressed natural gas on school buses. School buses powered by gasoline or diesel fuel are certified by the manufacturer as meeting the Federal Motor Vehicle Safety Standard No. 301-Fuel System Integrity.

Alabama's Minimum Specifications for School Buses require that school buses be certified by the manufacturer to the State Department of Education in the form of a certification plate mounted in the bus that states the vehicle is in compliance with the applicable Federal Motor Vehicle Safety Standards which include Federal Motor Vehicle Safety Standard No. 301-Fuel System Integrity.

It is the opinion of the Alabama State Department of Education that the safety inspection program conducted by the School Bus Equipment Inspectors approves the vehicle only as it relates to the original manufacturer's certification. Our questions are as follows: (1) If we allow the local school systems to remove the gasoline fuel system which is regulated by the Federal Motor Vehicle Safety Standard No. 301-Fuel System Integrity and install a propane or compressed natural gas fuel system which is not regulated by the United States Department of Transportation Federal Motor Vehicle Safety Standards, would the State Department of Education be liable for any accident, injury, or death that may be caused by or related to the conversion? (2) Is there an agency which can certify that the fuel system, after conversion, meets a required safety standard that would protect the local school system and the State Department of Education from liability for any accident, injury, or death that may be caused by or related to the conversion?

Your prompt attention to this matter is greatly appreciated. Sincerely,

Wayne Teague State Superintendent of Education WT:nfd