Interpretation ID: 1985-02.25

TYPE: INTERPRETATION-NHTSA

DATE: 05/06/85

FROM: JOFFREY R. MILLER -- CHIEF COUNSEL

TO: HAYLEY ALEXANDER -- MARKETING CONSULTANT THE LONDONCOACH CO., INC.

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 09/07/89 FROM STEPHEN P. WOOD -- NHTSA TO TERRY HUDYMA -- LAFORZA AUTOMOBILES; REDBOOK A34 B; PART 567; PART 568; LETTER DATED 11/16/88 FROM TERRY HUDYMA -- LAFORZA AUTOMIBES TO CHIEF COUNSEL NHTSA; REF 49CFR 567, CERTIFICATION; OCC 2857

TEXT: Dear Mr. Alexander:

This is in reply to your letter of March 25, 1985, asking for our comments on your planned London Taxi marketing program.

Under the program, products of Carbodies Ltd. of Coventry, England, would be imported "devoid of an engine, transmission, and finished interior." LondonCoach would then install "an [American] engine, transmission and driveshaft, interior seats, coverings and details, and various exterior cosmetic trim items." However, a "representative" vehicle with the modifications mentioned above will have undergone all testing necessitated by the standards, at the Motor Industry Research Association in England. Vehicles would be certified by Carbodies as meeting the standards prior to importation, and LondonCoach Co., Inc., in the role of alterer, would attach the label attesting to continued compliance required by 49 CFR Section 567.7 upon completion of the modifications.

Under the National Traffic and Motor Vehicle Safety Act, certification of compliance of a motor vehicle can only be provided by the manufacturer or importer of a completed motor vehicle. Certification of compliance with at least four Federal motor vehicle safety standards is directly dependent upon the manner in which the Carbodies vehicles are completed by LondonCoach: Standard No. 124, Accelerator Control Systems; Standard No. 207, Seating Systems; Standard No. 301, Fuel System Integrity; and Standard No. 302, Flammability of Interior Materials. Therefore, LondonCoach is the only party who can certify compliance of the completed vehicle with Federal motor vehicle safety standards. As the manufacturer, LondonCoach is also responsible for assigning and affixing the vehicle identification number (VIN) to each vehicle, according to the requirements of Standard No. 115, Vehicle Identification Number -- Basic Requirements, and 49 CFR Part 565, Vehicle Identification Number -- Content Requirements.

The Carbodies products are an assemblage of items of motor vehicle equipment and should be labeled as equipment items for importation into the United States. Carbodies should certify that each item of motor vehicle equipment that is covered by a Federal motor vehicle safety standard

complies with such standard. Those items are brake hoses, now pneumatic tires, brake fluid, surface glazing, seat belt assemblies, and lamps, reflective devices, and associated equipment. This certification should free LondonCoach, as the importer, from the obligation under 19 CFR 12.80 to post a compliance bond upon entry into the United States.

Sincerely,