Interpretation ID: 7535
Executive Director
National Mobility Equipment Dealers Association
909 East Skagway Avenue
Tampa, FL 33604
Dear Ms. Plank:
This responds to your letter concerning Safety Standard No. 301, Fuel System Integrity. You stated that your association consists of dealers that modify vehicles for the disabled, and that one modification that they perform is lowering a floor on a full size van. You noted that wheelchair drivers sit higher than other drivers and that this modification is made to provide them a clear view through the windshield. According to your letter, a problem has arisen in making this modification in certain new Ford vans because their fuel tank is larger and mounted mid-ship. You stated, however, that upon realizing this situation, Ford designed an aftermarket fuel system that it believes complies with Standard No. 301. Noting that the OEM fuel fill line needs to be changed, along with the mounting brackets, as well as other fuel lines, you asked whether this lowered system must be crash tested due to the original system being changed.
I am pleased to have the opportunity to explain our regulations to you. Some background information on Federal motor vehicle safety laws and regulations may be helpful. The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., Safety Act) authorizes this agency to issue safety standards applicable to new motor vehicles and 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.
Under NHTSA's certification regulation (49 CFR Part 567), an alterer is a person who alters previously certified vehicles by means other than the addition, substitution, or removal of readily attachable components, or minor finishing operations, or in such a manner that the vehicle's stated weight ratings are no longer valid, before the first purchase of the vehicle in good faith for purposes other than resale. Assuming they are done prior to the first consumer purchase, the operations your members anticipate conducting to lower a Ford van's floor would make these companies alterers, and the operations would affect the vehicles' compliance with Standard No. 301.
An alterer is required to certify that every vehicle it alters continues to comply with all applicable safety standards affected by the alteration. See 49 CFR Part 567.7. Alterers make this certification by affixing a permanent label on the altered vehicle, which identifies the alterer, the date of alteration, and states that, as altered, the vehicle continues to comply with all applicable safety standards.
Alterers must have some independent basis for their certification that an altered vehicle continues to comply with all applicable safety standards. This does not necessarily mean that an alterer must conduct crash testing, even with respect to a Standard like Standard No. 301 that specifies dynamic test requirements. Certifications of continuing compliance for altered vehicles may also be based on, among other things, engineering analyses, computer simulations, actual testing, or instructions for alteration voluntarily provided by the original vehicle manufacturer in a "body builder's guide."
In the situation at hand, if one of your members made the modifications recommended by Ford (the original vehicle manufacturer), then that member could base its certification of continuing compliance on Ford's representations that the van, with the modified fuel system, would comply with the applicable standards. If one of your members made modifications that differ from those recommended by Ford, then that member would need to base its certification of continuing compliance on some other facts that lead it to conclude that the vehicle, as altered, continues to comply with the standard.
If you have any further questions, please feel free to call Mr. Marvin Shaw of my staff at (202) 366-2992.
Sincerely,
Paul Jackson Rice Chief Counsel
Enclosure
ref:301 d:9/l5/92