Interpretation ID: aiam3969
Jr.
Esq.
Coder & Tuel
Suite 172
8801 Folsom Boulevard
Sacramento
CA 95826;
Dear Mr. Tuel: This responds to your letter of February 4, 1985, inquiring about th applicability of 49 CFR Part 566, *Manufacturer Identification*, and 49 CFR Part 573, *Defect and Noncompliance Reports*, to your client, Stockton Dodge. I regret the delay in our response.; You asked whether Stockton Dodge, as a vehicle alterer, would b considered a manufacturer under the statutory definition of 'manufacturer' in the National Traffic and Motor Vehicle Safety Act as amended, 15 U.S.C. 1391, *et seq.* (the Act). Based on the information given, the answer is yes.; You state that Stockton Dodge purchases previously certified Dodge van from Chrysler Corporation and converts them into school buses which are intended to be sold directly to school districts. The modifications made by your client include adding seats, strengthening the roof structure, and adding required warning lights and emergency equipment. You state that Stockton Dodge will certify the altered vehicles according to the requirements of 49 CFR Part 567.7, as complying with all Federal motor vehicle safety standards applicable to school buses.; Stockton Dodge sent a letter to the Administrator, dated March 7, 1985 stating that, beginning February 15, 1985, its school bus division would become a final-stage manufacturer. Stockton Dodge stated that they would purchase Dodge B350 vans from Chrysler Corporation which school bus options and would add equipment to alter these vehicles to Type 2 school buses, weighing under 10,000 GVWR. Under our regulations, your client is not considered a final-stage manufacturer because the definition of final-stage manufacturer in 49 CFR Part 568 applies to a person who finishes an incomplete vehicle.; This agency considers Stockton Dodge an alterer of previously certifie motor vehicles, as indicated in your letter, who must comply with the certification requirements of 49 CFR 567.7. Your client's alterations change the vehicle type from a multipurpose van to a school bus and affect components necessary for compliance with safety standards. For these reasons, Stockton Dodge is a manufacturer within the meaning of the Act, as stated above. Stockton Dodge's letter dated March 7, 1985, contains the information required to be submitted under 49 CFR Part 566, *Manufacturer Identification*. The agency will consider this letter as the manufacturer identification for Stockton Dodge as an alterer.; This agency has also determined that an alterer is considered manufacturer for the purposes of notification and recall for defects or noncompliance under the Act and is subject to the requirements of 49 CFR Part 573, *Defect and Noncompliance Reports*.; Please note that, under paragraph S4.1 of Standard No. 115, *Vehicl Identification Number--Basic Requirements* (VIN), Stockton Dodge, as the alterer, should use the VIN assigned by Chrysler Corporation, the original manufacturer of the vehicles.; If you have any further questions, please let me know. Sincerely, Jeffrey R. Miller, Chief Counsel