Interpretation ID: aiam3348
Excel Industries
Inc.
1120 North Main Street
Elkhart
Indiana 46514;
Dear Mr. Spretnjak: This responds to your August 15, 1980, letter asking several question about your responsibilities for complying with Federal safety standards. You state that you manufacture a sun roof that can be installed by either an original vehicle manufacturer or a subsequent vehicle alterer.; Before responding to your specific questions, I would like to note tha Federal safety standards apply to different manufacturers depending upon the standard involved. Equipment standards are the responsibility of equipment manufacturers while vehicle standards fall within the responsibilities of a vehicle manufacturer or alterer. For sun roofs, Standard No. 205, *Glazing Materials*, is an equipment standard and might apply to an equipment manufacturer who manufacturers sun roofs if they contain any glazing materials. Some vehicle safety standards might be affected also by the installation of a sun roof. The installer of a sun roof would be entirely responsible for compliance with all of the vehicle safety standards affected by the sun roof installation.; Your first question asks who certifies the sun roof if it is installe as original equipment on a vehicle. The equipment manufacturer who manufacturers the glazing would be responsible for certifying the glazing in accordance with Standard No. 205. The installer of the sun roof, the vehicle manufacturer, would certify the vehicle in compliance with all of the safety standards.; Second, you ask the same question as above with respect to a va conversion or motor home construction. Again, the equipment manufacturer would certify to the glazing standard, and the van converter or motor home builder would certify the vehicle in accordance with Part 567, *Certification*.; Third, you ask who must certify if a dealer adds a sun roof before sal of the vehicle to its first purchaser. The equipment manufacturer certifies to the glazing standard, and the installer of the device would attach an alterer's label to the vehicle in accordance with Part 567.7.; Your fourth question asks who certifies if a body shop adds the su roof for a vehicle owner. As always, the sun roof glazing is certified by the equipment manufacturer. Businesses that modify used vehicles are not required to recertify those vehicles in compliance with any of the safety standards. Such businesses are prohibited from knowingly rendering inoperative any device or element of design installed in a vehicle in compliance with any safety standard.; Fifth, you ask whether as a window manufacturer your onl responsibility is to certify to Standards Nos. 205 and 217. As stated earlier, you would have responsibility to certify to Standard No. 205. However, Standard No. 217 is a vehicle standard, and only a vehicle manufacturer or alterer has responsibility for certifying compliance with that standards.; Your final question asks about testing for compliance with the safet standards. Testing is usually conducted by vehicle manufacturers for those standards that apply to vehicles. For standards that apply only to equipment, the testing is altered and the alterer must attach a label indicating that the vehicle continues to comply with the safety standards, the alterer can certify compliance through any means that, in the exercise of due care, he or she fells is sufficient to assure compliance with the safety standards. Methods available to alterers include: retesting, simulated testing, mathematical modeling, or any other device appropriate for assessing continued compliance with the standards.; Sincerely, Frank Berndt, Chief Counsel