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Interpretation ID: aiam0693

Mr. Richard M. Leek, President, Western Contractors Equipment, Inc., 4825 Lake Street, Melrose Park, IL 60161; Mr. Richard M. Leek
President
Western Contractors Equipment
Inc.
4825 Lake Street
Melrose Park
IL 60161;

Dear Mr. Leek: This is in reply to your letter of April 14, 1972, concerning problem you are having in certifying certain vehicles on which you install a boom-loading device. You state that the chassis on which you are to install this device has been altered by a person who added a tag axle but did not furnish you a GAWR for it. It was also altered by the owner, who partially installed a flat bed but did not install clearance lights or reflectors. You say that you cannot certify the vehicle because (1) you have no GAWR figures for the tag axle, and (2) the vehicle does not have appropriate lights or reflectors.; You can solve the problem you describe in either of two ways. First you may be able to install the boom-loading device as an intermediate manufacturer under the regulations governing 'Vehicles Manufactured in Two or More Stages' (49 CFR Part 568, S 568.5, copy enclosed). You may do so if the vehicle, after the completion of your work, is still an incomplete vehicle as defined in section 568.3 of the regulations. The fact that lighting equipment has been omitted and a flat bed is still to be installed indicate that this would be a reasonable position for you to take. If you proceed in this manner you must furnish an addendum to the incomplete vehicle document, as provided in section 568.5, to the person to whom you deliver the vehicle.; Your other option is to provide the owner with a completed vehicle. I this case you must provide a GAWR for the tag axle, install the necessary lighting equipment, and certify the vehicle. You should seemingly be able to obtain the GAWR from the axle manufacturer, but we recommend you request that this information be furnished to you in writing, and that you retain it after you complete the vehicle. The requirements for proper lighting and reflective equipment are contained in Federal Motor Vehicle Safety Standard No. 108, a copy of which is also enclosed. According to your letter, once you have made these modifications, there should be no obstacle to your properly certifying the vehicle.; We have forwarded a copy of your letter to our Office of Standard Enforcement for appropriate action regarding the failure of Reliable Spring Company to furnish you with the GAWR for the axle they installed, and we thank you for bringing this matter to our attention.; Yours truly, Richard B. Dyson, Assistant Chief Counsel