Interpretation ID: 1984-2.3

TYPE: INTERPRETATION-NHTSA

DATE: 05/21/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mr. Herbert Jerome Bass

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Herbert Jerome Bass Suite 1410 Number Two Penn Center Plaza Philadelphia, Pennsylvania 19102

This responds to your April 4, 1984 letter to the Secretary of Transportation. In that letter, you requested information on Federal requirements applicable to a commercial operation involving the placement of gasoline engines in used diesel automobiles.

The Department of Transportation is responsible for administering the Federal motor vehicle safety and automotive fuel economy standards programs. No fuel ecomony requirements would apply to the operation you describe since those requirements apply to new vehicles only. In the safety area, the only requirement which might apply to such an operation would be 15 U.S.C. 1397(a)(2)(A). That provision prohibits vehicle manufacturers, distributors, dealers, or private repair businesses from knowingly rendering inoperative any equipment or element of design installed on a vehicle in compliance with a Federal motor vehicle safety standard. The safety standards are set forth in Title 49 of the Code of Federal Regulations, Part 571. Whether the commercial venture you describe in your letter violates the statutory provision would depend upon whether the venture could be characterized as a vehicle manufacturer, distributor, dealer or private repair business and whether the engine substitution process would result in a noncompliance with one of our standards. Based on the information provided in your letter, we cannot definitively answer either question.

There may be issues involving automotive emissions standards which apply to an operation of the sort you describe. We are forwarding a copy of your letter to the Environmental Protection Agency to respond to that aspect of your question.

Sincerely, Original Signed By Frank Berndt Chief Counsel

Secretary of Transportation U.S. Government Washington, D.C.

Dear Sir:

This letter will advise you that I represent several individuals in the State of Pennsylvania who have undertaken an enterprise involving used automobiles.

They are contemplating the purchase of large numbers of vehicles that were designed to operate with diesel fuel. Their intention is to remove the diesel engine from each vehicle and to substitute an engine which used regular fuel exclusively. Subsequent to this operation they intend to advertise these vehicles for sale.

We are aware of the fact that each of the vehicles originally bears the serial number as a diesel engine.

Our question is "Are there any Federal statutes or regulations making such an operation unlawful in any way, and is it fitting and proper to substitute the regular engines in the bodies of these vehicles which were formerly diesel operated?"

I would appreciate it very much if you would reply to this inquiry promptly since we wish to conform properly to the rules and regulations.

Thank you very much for your prompt attention.

Very truly yours, HERBERT JEROME BASS