Interpretation ID: 77-5.6

TYPE: INTERPRETATION-NHTSA

DATE: 12/16/77

FROM: AUTHOR UNAVAILABLE; Joseph J. Levin Jr.; NHTSA

TO: Burley; Smiertka; Swank and Misko P.C.

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your September 6, 1977, letter asking whether the requirements of the National Highway Traffic Safety Administration (NHTSA) apply to your client, an alterer of motor vehicles. From the description in your letter, it appears that your client intends to alter previously certified vehicles to make them accessible to the handicapped. You ask what, if any, regulations would apply to this alteration.

There are no safety standards applicable to the installation of the devices to which you refer. Your client's responsibility for purposes of compliance with the regulations of the NHTSA would be to ensure that he does not affect the compliance of previously certified vehicles.

If your client modifies certified vehicles prior to their first purchase for purposes other than resale, he would be responsible for ensuring that they continue to comply with all applicable motor vehicle safety standards. The applicable regulation, Part 567, Certification (49 CFR Part 567.7), requires that he attach an alterer's label to each vehicle indicating that the vehicle continues to comply with the safety standards.

If your client modifies vehicles after their first purchase for purposes other than resale, he would not have to attach an alterer's label to them. However, he would not be allowed to render inoperative any device or element of design installed in the vehicle in compliance with a motor vehicle safety standard (Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1397). Thus, whatever manufacturing operation was performed by your client, it would be necessary for him to ensure that all aspects of the vehicle covered by motor vehicle safety standards remain in compliance with those standards.