Interpretation ID: 2857yy
President
Show Trucks U.S.A., Inc.
114 National Drive
Rockwall, Texas 75087
Dear Mr. Rowe:
This responds to your letter asking whether your company would be considered a vehicle "alterer," within the meaning of 49 CFR Part 567 Certification, and Part 568 Vehicles Manufactured in Two or More Stages. I apologize for the delay in this response. Based on the statements in your letter that your company modifies only new vehicles before delivery to customers and that the modifications performed by your company do not affect the vehicles' gross axle or gross vehicle weight ratings, your company would be considered an "alterer," and would be subject to additional certification requirements, if the modifications involve something more than the addition, substitution, or removal of "readily attachable" components. A more complete explanation of your responsibilities under NHTSA's laws and regulations follows.
567.7 imposes additional certification requirements on "a person who alters a vehicle that has previously been certified in accordance with 567.4 or 567.5, other than by the addition, substitution, or removal of readily attachable components such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, ..." You stated in your letter that your company can provide features such as a 3-piece seating system, removable headrest, custom walnut steering wheel, and tinted windows. Your company is an "alterer" subject to the requirements of 567.7 to the extent that your modifications do not involve "readily attachable" components.
A determination of whether modifications involve "readily attachable" components depends on the degree of difficulty in attaching these components. To ascertain whether the installation involves "readily attachable" components, the agency in the past has looked at such factors as the intricacy of installation and the need for special expertise must be taken into consideration. Absent extraordinary ease of installation, NHTSA would not consider modifications involving the addition or substitution of seats, headrests, and steering wheels to involve "readily attachable" components. To the extent your company is involved in such modifications, then, it would have to affix an additional certification label pursuant to 567.7. Further, an alterer is considered a "manufacturer" for the purposes of notification and remedy for defects or noncompliances with the safety standards, and is subject to the requirements of 49 CFR Part 573, Defect and Noncompliance Reports.
You should also note that the National Traffic and Motor Vehicle Safety Act sets forth certain prohibitions and requirements that would apply to these vehicle modifications, even if the modifications involved only "readily attachable" components. For example, section 108(a)(1)(A) of the Safety Act (15 U.S.C. 1397(a)(1)(A)) prohibits the sale, offer for sale, introduction into interstate commerce or importation of any vehicle that does not comply with all applicable Federal motor vehicle safety standards. This provision of Federal law means that all of the vehicles modified by your company must continue to comply with all applicable safety standards after the modifications have been made. In addition, under section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)), no manufacturer, distributor, dealer, or motor vehicle repair business may knowingly "render inoperative," in whole or in part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard.
For your information, I have enclosed an information sheet which identifies relevant Federal statutes and NHTSA standards and regulations affecting motor vehicle and motor vehicle equipment manufacturers, and explains how to obtain copies of those regulations. Again I apologize for the delay in this response. If you have any further questions or need any additional information, please feel free to contact Dorothy Nakama of may staff at this address or by telephone at (202) 366-2992.
Sincerely,
Paul Jackson Rice Chief Counsel
Enclosure
ref:VSA#567 d:3/7/9l