Interpretation ID: aiam2711
Jr.
McElwee
Hall & McElwee
906 B. Street Rear
North Wilkesboro
NC 28659;
Dear Mr. Warden: This responds to your recent letter asking whether the Holly Farm Service Center would qualify as a 'motor vehicle repair business' as that term is defined in Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act, as amended (15 U.S.C. 1381, et seq.). This is an elaboration of our letter to you of November 8, 1977.; According to your description, the Holly Farms Service Center onl repairs and maintains vehicles owned by Holly Farms, except for an occasional repair as an accommodation to another company whose vehicle has broken down on the premises.; Section 108(a)(2)(A) specifies that 'motor vehicle repair business means; >>>'any person who holds himself out to the public as in the busines of repairing motor vehicles or motor vehicle equipment for compensation.'<<<; Based on your description of the function of the Holly Farms Servic Center, it would not be considered a 'motor vehicle repair business' for purposes of the Vehicle Safety Act. The fact that the Service Center occasionally repairs another company's vehicles does not change our interpretation, provided the Service Center does not hold itself out to the public as being in the business of making such repairs for compensation.; Since the Service Center would not be considered a 'motor vehicl repair business', it could alter the braking systems on Holly Farms' vehicles without violating the 'render inoperative' provisions of Section 108(a)(2)(A).; Sincerely, Joseph J. Levin, Jr., Chief Counsel