Interpretation ID: aiam1018
President
Chesapeake Marine Products
Route 456
Deale
MD 20751;
Dear Mr. Magenau: This is in response to your letter of February 5, 1973, in which yo suggested, with reference to a previous interpretation, that boat trailer assemblers be allowed to use the 'altering distributor' certification of 49 CFR S 567.6, rather than certifying the vehicle as the manufacturer under S 567.4.; The altering distributor label was not designed to deal with assembler of vehicles, but with persons who alter vehicles that have already been completed and assembled. A basic prerequisite to its use is that there be a vehicle that already has been certified. I take it that your suggestion really amounts to requiring the supplier of the unassembled parts to certify the vehicle.; We are unwilling to do this on the basis of our present information. I is true that a boat trailer is among the simplest vehicles on the road, but considering vehicles generally, we must consider a vehicle as a functioning whole, not as a group of parts. There may easily be problems caused by the way in which it is assembled, and we do not consider it reasonable to require a manufacturer of parts, against his will, to take responsibility for the final assembly. Although it is conceivable that such a scheme could work with very simple vehicles, it certainly could cause large problems with more complex ones.; We permit the unassembled parts manufacturer to certify if he wishes Furthermore, the person who assembles the vehicle can require a written commercial warranty that the vehicle will conform if properly assembled, which will protect him in certifying the vehicle. I recommend one of these courses of action as a matter of good business practice.; If the unassembled parts manufacturer does certify the package i accordance with S 567.4(g)(1)(ii), then it would be permissible for a distributor to use S 567.6 where he deviates from the certifier's instructions.; Yours truly, Richard B. Dyson, Assistant Chief Counsel