Interpretation ID: aiam1630
Suite 1300
1845 Walnut Street
Philadelphia
PA 19103;
Dear Messrs. Chaikin and Cabot: This is in reply to your letter of September 20, 1974, inquiring as t the certification responsibility of a person who adds a body to what you suggest is an incomplete vehicle consisting of a new glider kit and a reconditioned engine, drive train, transmission and rear axle. No incomplete vehicle documentation is furnished to the truck body installer. You indicate that some is obtainable, but not enough on which to base certification.; The NHTSA has taken the position that the use of a glider kit in th manufacture of a vehicle constitutes the manufacture of a new vehicle (completed or incomplete, depending on the stage of manufacture) and that such vehicles must therefore be certified as conforming to all applicable Federal motor vehicle safety standards. Copies of our opinions regarding 'glider kits' are enclosed. In your case, the person adding the body to the vehicle is a final-stage manufacturer, and responsible for certifying the vehicle. The person who combined the glider kit with the old power train is very likely, therefore, an incomplete vehicle manufacturer, and should have provided the documentation specified in 49 CFR Part 568, 'Vehicles Manufactured in Two or More Stages.'; While his failure to do so is a violation of these requirements, i does not excuse the final-stage manufacturer from his certification responsibilities. The final-stage manufacturer must, using due care, determine and certify that the vehicle as completed will conform to all applicable standards. His failure to do so would be a violation of sections 108(a)(1) and 108(a)(3) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. SS 1397(a)(1), 1397(a)(3)), subjecting him to the possibility of civil penalties and other sanctions. If the final-stage manufacturer cannot in good faith certify conformity, therefore, he should not complete the vehicle.; Yours truly, Richard B. Dyson, Acting Chief Counsel