Interpretation ID: aiam5345
Inc. 3807 W. Adams Phoenix
AZ 85009-4764;
"Dear Mr. Klingaman: This responds to your March 16, 1994, lette inquiring about the applicability of National Highway Traffic Safety Administration (NHTSA) regulations to the alteration of used motor vehicles. You stated that your company manufactures water trucks and lube/fuel service trucks by adding water tanks and various other apparatus to incomplete vehicles. Your question is whether you are required to add a certification label (as required in 49 C.F.R. 571.115) even if you use a 'pre-owned' (I assume you mean 'used') truck chassis. Some background information on Federal motor vehicle safety laws and regulations may be helpful. As you are aware, our agency is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., Safety Act), to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA however does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. Whether Inter Pipe, Inc. would have to apply a certification label depends upon whether the vehicles your company modifies are new (that is, the vehicles have not yet been sold to the first retail purchaser) or used (vehicles that have already been sold to and used by the first retail purchaser). With respect to your company's modifications of new vehicles, your company would be a 'final stage manufacturer' for the purposes of NHTSA's laws and regulations. 49 C.F.R. 568.6 requires a final stage manufacturer of a new vehicle to affix a certification label in accordance with 49 C.F.R. 567.5. The requirements of 49 C.F.R. Parts 567-568 do not apply if you modify used vehicles. Hence, your company is not required to affix a manufacturer's label to those used vehicles you convert into water trucks or fuel/lube trucks. However, 108(a)(2)(A) of the Safety Act provides that no manufacturer, distributor, dealer, or motor vehicle repair business may knowingly 'render inoperative,' in whole or in part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard. Therefore, you must be careful when adding your equipment not to degrade the truck's ability to meet the safety standards. For your information, I have enclosed a general information sheet for manufacturers that gives a thumbnail sketch of the relevant NHTSA regulations and explains how to get copies of those regulations. I hope this information is helpful. If you have any further questions or need some additional information on this subject, feel free to contact our office at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosures";