Interpretation ID: aiam2220
Executive Secretary
VIRACON
Inc.
800 Park Drive
Industrial Park
Owatonna
MN 55060;
Dear Ms. Bortle: This responds to Viracon's December 13, 1975, and January 28, 1976 requests for a copy of Standard No. 216, *Roof Crush Resistance*, and for a discussion of the distinction under NHTSA regulations between installation of a sunroof before and after 'original sale of the roof.' A copy of Standard No. 216 has already been mailed to Viracon under separate cover.; You suggest that there may be different regulations for installation o a sunroof prior to, and after, the sale of the roof, by which I understand you to mean the sunroof. The NHTSA does not regulate sunroofs as such, but it does regulate the roof strength of most passenger cars (Standard No. 216), and conformity with this standard can be affected by installation of the sunroof.; Section 108(a) (1) (A) of the National Traffic and Motor Vehicle Safet Act (15 U.S.C. S 1397(a) (1) (A)) prohibits, among other things, the sale of a motor vehicle that does not comply with all applicable standards. Anyone that modifies a passenger car roof by the addition of your product would be responsible for compliance with Standard No. 216 at the time of sale. This would include alterations of the type made to a vehicle that has been certified by the manufacturer (49 CFR Part 567). This prohibition does not apply (except in cases of importation) after the first purchase of the vehicle in good faith for purposes other than resale (15 U.S.C. S 1397(b) (1)).; The Act also prohibits, except in the process of repair, manufacturer, distributor, dealer, or repair business from knowingly rendering inoperative, in whole or part, any device or element of design installed in a motor vehicle in compliance with applicable standards (15 U.S.C. S 1397(a) (2) (A)). This means that these classes of persons may not install one of your products, even after the first retail sale, if the installation takes the vehicle out of conformity with Standard No. 216 or any other applicable Federal motor vehicle safety standard.; Yours truly, Richard B. Dyson, Assistant Chief Counsel