Interpretation ID: 3239yy
Director of Government Relations
National Truck Equipment Association
1350 New York Avenue NW, Suite 800
Washington, DC 20005-4797
Dear Mr. Kastner:
This responds to your letter of September 4, 1991, asking whether an altered vehicle label must be added under the following circumstances:
An NTEA member receives a truck which is certified as a completed vehicle. This vehicle has not yet been titled or registered for use in any state. The NTEA member then installs a piece of equipment. This piece of equipment would not be considered readily attachable, nor would this equipment modify the completed vehicle's weight ratings. Both the completed truck manufacturer and the equipment manufacturer have stated that installation of this equipment would not affect compliance with any federal motor vehicle safety standard.
If the modification you describe is performed prior to the first purchase in good faith of the vehicle for purposes other than resale, the answer to your question is yes. A person is considered an alterer if (1) they alter the vehicle in any manner "other than by the addition, substitution, or removal of readily attachable components ... or minor finishing operations," or (2) they alter "the vehicle is such a manner that its stated weight ratings are no longer valid." Since the conditions you describe involve equipment which is not readily attachable, the NTEA member would be considered an alterer.
If considered an alterer, the NTEA member would be subject to the certification requirements of 49 CFR 567.7. These requirements include provisions that the alterer supplement the existing manufacturer certification label, which must remain on the vehicle, by affixing an additional label. The label must state that the vehicle as altered conforms to all applicable Federal motor vehicle safety standards. The label would also state the alterer and the month and the year in which the alterations were completed.
If the modification you describe is performed after the first purchase in good faith of the vehicle for purposes other than resale, the NTEA member would not be considered an alterer and an alteration label would not have to be attached. Under these conditions, the only provision in Federal law that affects the vehicle's continuing compliance with applicable safety standards is set forth in section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section provides:
No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard.
In general, this "render inoperative" provision would require any of these named entities to ensure that any additional equipment installed in a vehicle would not negatively affect the compliance of any component or design on the vehicle with applicable safety standards. Violations of 108(a)(2)(A) are punishable by civil fines up to $1,000 per violation.
I hope this information is helpful. If you have further questions, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992.
Sincerely,
Paul Jackson Rice Chief Counsel /ref:VSA#567 d:12/6/9l