Interpretation ID: aiam2650
Assistant General Counsel
Texas Automobile Dealers Association
1108 Lavaca
P.O. Box 1028
Austin
TX 78767;
Dear Mr. Sapp: This responds to your August 4, 1977, letter asking whether a deale who assembles a 'kit-car' on a chassis would be considered a manufacturer of a motor vehicle for purposes of compliance with Federal safety standards.; Manufacturer is defined in the National Traffic and Motor Vehicl Safety Act of 1966 (the Act) (15 U.S.C. 1381) as 'any person engaged in the manufacturing or assembling of motor vehicles or motor vehicle equipment....' Therefore, a dealer who assembles 'kit-cars' would be considered a manufacturer for purposes of the Act since he is assembling motor vehicles. However, if the chassis on which the kit-car is assembled is from another used vehicle, the completed kit-car vehicle would be considered used and its assembler would not be considered a manufacturer under the Act.; The Act prohibits the manufacture for sale or introduction int interstate commerce of any new motor vehicle that does not comply with all applicable Federal motor vehicle safety standards. Therefore, if the vehicle the dealer assembles is going to be used as a means of transportation on the road, it must be certified as conforming with all applicable safety standards. The mere use of a vehicle on public highways constitutes an introduction into interstate commerce and is prohibited unless compliance with the safety standards has been achieved.; Part 567.4(g)(1)(ii) of the certification regulations provides th producer of the kit with an option as to whether or not he certifies that the vehicle will comply with all applicable safety standards if completed according to his instructions. If the producer of the kit takes the responsibility of certifying the completed vehicle, the assembler of the vehicle must exercise reasonable care in following the instructions he provides.; For your information I have enclosed a sheet entitled 'Where to Obtai Motor Vehicle Safety Standards and Regulations' which will direct you to the proper source for obtaining a copy of the safety standards and regulations.; Sincerely, Joseph J. Levin, Jr., Chief Counsel