Interpretation ID: aiam2954
City Manager
City of Royal Oak
P.O. Box 64
Royal Oak
MI 48068;
Dear Mr. Baldridge: This responds to your December 21, 1978, letter asking the Nationa Highway Traffic Safety Administration (NHTSA) to permit the City of Royal Oak, Michigan to obtain a waiver from the safety standards applicable to one of its vehicles. In particular, you ask that several standards be waived because the vehicle, as altered by the addition of an aerial bucket, would no longer comply with them.; Your letter does not clearly indicate the cause of the noncomplianc with Federal safety standards. The NHTSA concludes that the noncompliance probably arises because the altered vehicle will exceed the 'unloaded vehicle weight' that is used in determining its compliance with several of the agency's standards. Although the agency appreciates the problems that your city has with obtaining a complying vehicle, the NHTSA has no authority to grant exemptions from safety standards for individual vehicle *users*.; The manufacturer and alterer of the vehicle are responsible fo certifying that it complies with all Federal safety standards. The Federal government does not issue certificates that any vehicle complies with safety standards. The manufacturer or alterer, as part of its certification, must insure that its vehicle does not exceed the weight restrictions that are appropriate for the vehicle. Accordingly, if a vehicle alterer has informed you that an alteration cannot be done without exceeding the manufacturer's established weight restrictions, then the alterer could not truthfully certify the vehicle for compliance.; The NHTSA regrets the problems caused to Royal Oak by th implementation of the safety standards. The agency has received a petition from the Truck Body and Equipment Association asking for rulemaking to prevent future problems such as yours. The NHTSA currently is evaluating that petition. To resolve your problem, the agency suggests that you consider selling the chassis and utility body that you currently own and purchase another chassis and body that has a sufficient 'unloaded vehicle weight' to accommodate the alteration you intend. This will enable the vehicle that you finally obtain to comply with safety standards. These standards improve vehicle safety, and we are sure that Royal Oak would not want to purchase an unsafe vehicle.; Sincerely, Joseph J. Levin, Jr., Chief Counsel