Interpretation ID: 1985-03.36

TYPE: INTERPRETATION-NHTSA

DATE: 08/22/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Mr. Douglas I. Greenhaus

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Douglas I. Greenhaus Senior Attorney/Regulatory Affairs National Automobile Dealers Association 8400 Westpark Drive McLean, VA 22102

Dear Mr. Greenhaus:

Thank you for your letter of July 8, 1985, to Stephen Oesch of my staff. You asked us to confirm your understanding of how our regulations would affect the alteration of a new vehicle prior to its sale.

Your question specifically relates to a situation in which a dealer wants to switch, prior to sale of the vehicle, the bucket seats from one new motor vehicle to another new vehicle of the same model. You explained in a phone conversation with Mr. Oesch that changing the seats might involve some cutting and welding of the seats or their trucks. Under Part 567.7 (49 CFR Part 567.7) of our regulations, we would consider the dealer to be an "alterer". After completing the alteration, the dealer would be required by Part 567.7 to certify that the vehicle, as altered, complies with all applicable Federal Motor Vehicle Safety Standards. Depending on the specific design of the vehicle seat and the actual alterations performed, the replacement of a seat would be affected by Federal Motor Vehicle Safety Standard No. 207, Seating Systems, and could be affected by Standard No. 208, Occupant Crash Protection, and Standard No. 210, Seat Belt Assembly Anchorages.

Thank you for providing us with the information on glass tinting. I hope this information on vehicle alteration is of assistance to you. If you have further questions, please let me know.

Sincerely, Jeffrey R. Miller Chief Counsel National Automobile Dealers Association 8400 WESTPARK DRIVE . MCLEAN, VIRGINIA 22102 July 8, 1985

Mr. Steven Oesch Office of Chief Counsel National Highway Traffic Safety Agency Room 5219 400 7th St. S.W. Washington, D. C. 20590

Dear Mr. Oesch:

Thank you for the assistance which you gave me during our telephone conversation of Friday, July 5, 1985. In answer to your question concerning automobile glass tinting, I have asked the editors of "Automotive Executive", and they have indicated to me that no articles have yet been published.

In order to confirm your understanding of the regulations, let me state that it would appear that a dealer intending to switch the bucket seats from one model vehicle to another vehicle of the same model would be required to comply with the Federal Motor Vehicle Safety Standards and, in particular, would have to meet the seating and seat belt standards found at 49 C.F.R. Sections 571.207 and 210. The dealer would meet the definition of a "person who alters certified vehicles" as described under 47 C.F.R. Section 568.8 and as such would be required to certify compliance of his alterations with the safety standards. The dealer would thus be required to conform with the specific vehicle labeling requirement spelled out at 49 C.F.R. Section 567.7.

I again thank you and the Administration for your assistance, and I urge you to call me here at NADA should I in some way be able to aid you in the future.

Sincerely yours Douglas I. Greenhaus Senior Attorney/Regulatory Affairs. DIG/shb