Interpretation ID: nht91-6.16

DATE: October 7, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: D. G. Kong -- General Manager, Certification Business Department, KIA Motors Corporation

TITLE: None

ATTACHMT: Attached to letter dated 9-3-91 from D. G. Kong to Andrew J. Sklover

TEXT:

This responds to your letter to former Special Assistant Andrew Sklover, requesting information about Federal Motor Vehicle Safety Standard No. 216, Roof Crush Resistance, and about National Highway Traffic Safety Administration (NHTSA) certification and Vehicle Identification Number (VIN) requirements. You asked whether the Isuzu Amigo, a sport utility vehicle, the roof of which you described as composed half of hard top with steel and half detachable soft top with plastic or cloth, would be considered a "convertible" and thus exempt from Standard No. 216. You also asked for information about vehicle certification and VIN requirements, as well as the relationship between Federal and state regulations in the area of motr vehicle safety. I am pleased to have the opportunity to answer your questions.

First, you asked whether NHTSA would consider the Isuzu Amigo to be a "convertible" and thus exempt from the performance requirements of Standard No. 216. The agency has defined a convertible as

a vehicle whose A-pillar or windshield peripheral support is not joined at the top with the B-pillar or another rear roof support rearward of the B-pillar by a fixed rigid structural member.

Based on NHTSA's information about the Isuzu Amigo's design, the "hard top with steel" that you described joins the vehicle's A-pillar to the B-pillar at the top, extending as a roof over the driver and front passenger seating positions. The soft top portion covers an area that may include rear seating positions. Because the A- and B-pillars are joined by a "fixed rigid structural member," the Amigo would not be considered a convertible. Accordingly, since the Amigo is not a convertible, S108 of the National Higway Traffic and Motor Vehicle Safety Act (Safety Act, 15 U.S.C. 1397) requires that all such vehicles manufacturered for sale, sold, or imported into the United States on or after September 1, 1993 conform to the performance requirements of Standard No. 216.

You also asked for general information about NHTSA certification and VIN requirements. Although I will address certification generally, I have also enclosed two information packets which discuss these, as well as other issues related to NHTSA requirements for manufacturers of motor vehicles and motor vehicle equipment. These packets explain the basic procedures manufacturers must follow to comply with NHTSA regulations, and explain how manufacturers can obtain copies of Federal Motor Vehicle Safety Standards and other regulations.

As a general statement about certification, manufacturers are not required to get an "approval" from this agency before selling its products. NHTSA has no authority to "approve" motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, S114 of the Safety Act (15 U.S.C. 1403) requires manufacturers to certify that each of their new vehicles and items of equipment comply with all applicable safety standards. When a manufacturer has, in the exercise of "due care," determined that its product complies with all applicable standards, the manufacturer affixes a certification to the product in accordance with the applicable safety standard, and Part 567, Certification, in the case of new vehicles. The agency periodically tests certified vehicles and equipment item for compliance with the safety standards, and investigates alleged safety-related defects.

You also asked generally about the relationship between state and Federal laws and regulations related to motor vehicle safety. The Safety Act authorizes NHTSA to issue safety standards that establish minimum performance requirements for new motor vehicles and motor vehicle equipment. The Safety Act also prohibits states from enacting "safety standards" that are different from Federal Motor Vehicle Safety Standards. States do, however, have substantial authority to adopt regulations that relate to motor vehicle safety. States are not prohibited from adopting, for example, requirements applicable to the registration and inspection of motor vehicles after their first sale, or the operation and modification of vehicles by their owners. Information about state laws related to motor vehicles can be obtained by writing to the American Association of Motor Vehicle Administraotrs, 4600 Wilson Boulevard, Arlington, Va. 22203.

I hope this information is helpful. Please contact Elizabeth Barbour of my staff at this address or by telephone at (202) 366-2992 if you have further questions.