Interpretation ID: 1985-02.31

TYPE: INTERPRETATION-NHTSA

DATE: 05/19/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Mr. Melvin Krewall

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Melvin Krewall Administrator Transportation Section Finance Division Oklahoma State Department of Education 2500 North Lincoln Boulevard Oklahoma City, Oklahoma 73105-4599,

Dear Mr. Krewall:

This responds to your March 28, 1985 letter to the National Highway Traffic Safety Administration (NHTSA) concerning NHTSA's safety standards for school buses. You specifically asked, "May an air conditioner be mounted on the outside roof portion of a school bus without violating any FMVSS.?"

The answer to your question depends on the nature of the person making the modification to the school bus and whether the modification of the school bus will negatively affect the compliance of the vehicle with any applicable motor vehicle safety standards. The National Traffic and Motor Vehicle Safety Act of 1966 (hereinafter "the Vehicle Safety Act"), which authorizes NHTSA to issue safety standards applicable to the manufacture and sale of new motor vehicles and motor vehicle equipment, prohibits motor vehicle manufacturers, distributors, dealers and repair businesses from rendering inoperative equipment or designs incorporated in motor vehicles in compliance with applicable motor vehicle safety standards. S108(a)(2)(A). A person in the aforementioned categories could install an air conditioner on the roof of a school bus if, in so doing, he or she did not violate S108(a)(2)(A) by rendering inoperative the compliance of equipment or designs incorporated in the school bus. For example, that person could not modify the school bus in such a way as to render inoperative a school bus roof emergency exit installed pursuant to the requirements of FMVSS No. 217, Bus Window Retention and Release.

Please note that the prohibition in S108(a)(2)(A) applies only to motor vehicle manufacturers, distributors, dealers and repair businesses. It does not apply to an owner, such as a state or a school, which modifies its own vehicles. Thus, an owner may make any modification that it chooses to its buses. Such action does not violate the Vehicle Safety Act or render the owner subject to any penalty under the Act. However, private liability might occur if the modifications took the school bus out of compliance with the safety standards and if a student were subsequently injured in the school bus. The issue of private liability, as well as any state prohibitions against operating a noncomplying school bus, should be discussed with your attorney and insurance company.

If you have further questions, please do not hesitate to contact us.

Sincerely,

Jeffrey R. Miller Chief Counsel

March 28, 1985

Mr. Frank Berndt Office of the Chief Counsel National Highway Traffic Safety Administration U.S. Department of Transportation 400 Seventh Street S.W. Washington, D.C. 20590

Dear Mr. Berndt:

This is intended to formalize the telephone conversation we had with Mr. David Soule of your staff.

The question has been raised in our state, may an air conditioner be mounted on the outside roof portion of a school bus without violating any FMVSS?"

We appreciate your efforts in responding to our concerns. If you need additional information, please contact me at (405) 521-3472.

Sincerely,

Melvin Krewall Administrator Transportation Section Finance Division

MK:bam