Interpretation ID: aiam4297
President
John K. Liu Enterprises
Inc.
Box 544
Valley Forge
PA 19481;
Dear Mr. Liu: This responds to your letter concerning planned modifications to a use Class 8 truck/tractor. I regret the delay in this response. The answers to your questions are provided below.; It should be noted that the National Highway Traffic Safet Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that it complies with all applicable requirements. The following represents our opinion based on the facts provided in your letter.; >>>1. If we take a used Class 8 truck/tractor and modify it by addin an axle to increase the GVWR, do we have to make sure that the modified vehicle complies with the braking requirements of FMVSS 121/CFR 49?<<<; By way of background information, new motor vehicles and items of moto vehicle equipment manufactured or imported for sale in the United States must comply with all applicable safety standards set forth in 49 CFR Part 571. One such standard is Safety Standard No. 121, *Air Brake Systems*, which applies to trucks, buses and trailers equipped with air brake systems. Vehicle manufacturers are required to certify that their new vehicles satisfy the requirements of all applicable safety standards. Also, if a vehicle is modified prior to first sale, the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration.; A person who modifies a used vehicle is not required to attach certification label. However, manufacturers, distributors, dealers or motor vehicle repair businesses are prohibited by section 108(a)(2)(A) of the Vehicle Safety Act from knowingly rendering inoperative any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard. Thus, in adding an axle to a used truck/tractor to increase its GVWR, you must ensure that you do not knowingly render inoperative the compliance of the vehicle with Safety Standard No. 121. I have enclosed an interpretation letter of July 20, 1977, to the Truck Body and Equipment Association in which the agency discusses in more detail how section 108(a)(2)(A) applies to the installation of additional axles in a used vehicle.; >>>2. Do we have to revise the nameplate or install a new nameplat giving the new GVWR and axle ratings?<<<; Under 49 CFR Part 567, *Certification*, manufacturers of motor vehicle are required to affix a certification label to their vehicles. The label is required to specify, among other things, the gross vehicle weight ratings (GVWR) and the gross axle weight ratings for each axle. See S 567.4(g). In addition, Safety Standard No. 120, *Tires Selection and Rims for Motor Vehicles Other Than Passenger Cars*, requires that specifications concerning tire and rim selection be placed on either the certification label or a separate tire information label. See S S5.3.2.; As indicated above, persons who alter certified vehicles prior to firs sale are required to certify that their vehicles, as altered, conform to all applicable safety standards. Such alterers are required by Part 567 to leave the original certification label on the vehicle and add an additional label. See S 567.7. If the gross vehicle weight ratings or any of the gross axle weight ratings of the vehicle as altered are different from those shown on the original certification label, the modified values must be specified. See 567.7(b).; Persons who modify used vehicles are not required to attach certification label. However, in adding an axle to a used truck/tractor to increase its GVWR, you must ensure that you do not knowingly render inoperative the compliance of the vehicle with Safety Standard No. 120. We encourage you to supplement the original certification label and/or tire information label by an additional label to reflect changes in gross vehicle weight rating, axle ratings, and tire and rim specifications, to avoid confusion on the part of vehicle users.; >>>3. Do we have to adopt a new VIN (vehicle identification number)?<<< The answer to this question is no. Safety Standard No. 115 Require that manufacturers of new motor vehicles provide vehicle identification numbers. The vehicle identification number is not affected by the subsequent modification of the vehicle.; >>>4. Do we have to tell a buyer that he is buying a modifie vehicle?<<<; NHTSA does not have any regulations requiring seller of used vehicle to inform buyers about axle modifications.; Our answers to your questions cover the Federal regulations and law administered by NHTSA. I have also enclosed a general information sheet which provides additional information concerning our regulations.; You should be aware that by adding an axle you are considered manufacturer under the Vehicle Safety Act and subject to its provisions concerning safety-related defects. Under the Act, manufacturers must notify purchasers of safety-related defects and remedy such defects without charge. Our engineering staff reviewed your plans and noted that without charge. Our engineering staff reviewed you plans and noted that in some instances that addition of an axle to a vehicle could constitute a safety-related defect, by making the vehicle unsafe for anticipated usage. You should carefully analyze this issue for the vehicle in question. Among other things, you should consider whether, as modified, the overall vehicle structure, including the truck's frame, will be able to adequately accommodate the load distribution resulting from the additional axle and/or the higher GVWR, throughout the truck's anticipate length of service.; You may wish to contact the Federal Highway Administration's Office o Motor Carrier Standard Concerning whether any of its regulations are relevant to your planned modifications. Also, with respect to Question 4, you may wish to contact the Federal Trade Commission concerning whether it has any applicable regulations. Finally, a local attorney can advise you concerning the state law implications of your plans.; I hope this information is helpful. Sincerely, Erika Z. Jones, Chief Counsel