Interpretation ID: aiam4362
Member of Congress
Post Office Box 780
Johnstown
PA 15907;
Dear Mr. Murtha: Thank you for your letter to the Department of Transportation's Offic of Congressional Affairs, which has been referred to me for a response. In an addendum enclosed with your letter, you note that one of your constituents, Mr. Gene Bird, would like information on the Federal regulations addressing 'completing the finishing work on automobiles.' Apparently, another manufacturer would send small sports cars to Mr. Bird's business. Your addendum states that these sports cars 'will need the following type of work done: installation of the engine, components, radiators, interiors, and the cars will finally have to be tested.' I am pleased to have this opportunity to explain our statute and regulations to you.; By way of background, the National Traffic and Motor Vehicle Safety Ac (15 U.S.C. 1381 *et seq*.) requires *every* new motor vehicle sold in the United States to be certified as complying with all applicable Federal motor vehicle safety standards. The Safety Act also specifies that the manufacturer *itself* must certify that each of its vehicles complies with all applicable safety standards in effect on the date of manufacture. Because of this statutory requirement, this agency does not 'approve' any vehicles or offer assurances that the vehicles comply with the safety standards.; Further, the Safety Act does not require that a manufacturer' certification be based on a specified number of tests or any tests at all. The Safety Act only requires that the certification be made with the exercise of 'due care' on the part of the manufacturer. It is up to the individual manufacturer in the first instance to determine what data, test results, or other information it needs to enable it to certify that its vehicles comply with the safety standards. We would certainly recommend that a new manufacturer test some of its vehicles for compliance with the applicable safety standards.; It is not entirely clear from your addendum whether Mr. Bird would b classified as an 'alterer' or a 'final stage manufacturer' under our regulations. His company would be considered an 'alterer' of motor vehicles, if the second company referred to in your addendum furnishes completed and certified sports car to Mr. Bird's company, and Mr. Bird's company changes the engine and other components on those vehicles. If this is the contemplated action, Mr. Bird's company would be treated as an alterer under our regulations.; The certification requirements for alterers are set forth in 49 CF S567.7 (copy enclosed). Generally speaking, that section requires a person who alters a vehicle before its first purchase to supplement the certification label affixed by the original manufacturer with its own certification label. The alterer's certification label must include all of the information set forth in Part 567, including a statement that the altered vehicle complies will all applicable safety standards in effect on the date the vehicle was altered. In the case of sports cars, an alterer must certify that the altered car complies with all of the following:; >>>49 CFR S571.101 *Controls and Displays*, 49 CFR S571.102 *Transmission Shift Level Sequence*, 49 CFR S571.103 *Windshield Defrosting and Defogging Systems*, 49 CFR S571.104 *Windshield Wiping and Washing Systems*, 49 CFR S571.105 *Hydraulic Brake Systems*, 49 CFR S571.106 *Brake Hoses*, 49 CFR S571.107 *Reflecting Surfaces*, 49 CFR S571.108 *Lamps, Reflective Devices, and Associated Equipment*, 49 CFR S571.110 *Tire Selection and Rims*, 49 CFR S571.111 *Rearview Mirrors*, 49 CFR S571.112 *Headlamp Concealment Devices*, 49 CFR S571.113 *Hood Latch System*, 49 CFR S571.114 *Theft Protection*, 49 CFR S571.115 *Vehicle Identification Number*, 49 CFR S571.116 *Motor Vehicle Brake Fluids*, 49 CFR S571.118 *Power-operated Window Systems*, 49 CFR S571.124 *Accelerator Control Systems*, 49 CFR S571.201 *Occupant Protection in Interior Impacts*, 49 CFR S571.202 *Head Restraints*, 49 CFR S571.203 *Impact Protection for the Driver from the Steerin Column*,; 49 CFR S571.204 *Steering Control Rearward Displacement*, 49 CFR S571.205 *Glazing Materials*, 49 CFR S571.206 *Door Locks and Door Retention Components*, 49 CFR S571.207 *Seating Systems*, 49 CFR S571.208 *Occupant Crash Protection*, 49 CFR S571.209 *Seat Belt Assemblies*, 49 CFR S571.210 *Seat Belt Assembly Anchorages*, 49 CFR S571.211 *Wheel Nuts, Wheel Discs, and Hub Caps*, 49 CFR S571.212 *Windshield Mounting*, 49 CFR S571.214 *Side Door Strength*, 49 CFR S571.216 *Roof Crush Resistance*, 49 CFR S571.219 *Windshield Zone Intrusion*, 49 CFR S571.301 *Fuel System Integrity*, and 49 CFR S571.302 *Flammability of Interior Materials*.<<< Alternatively, Mr. Bird's company may be treated as a 'final stag manufacturer,' as that term is defined at 49 CFR S568.4. A final stage manufacturer means a person who finishes the manufacturing operations on an incomplete vehicle. Thus, if the second company referred to in your addendum is planning to furnish Mr. Bird's company with sports cars that have no engine, radiator, and so forth, the vehicles provided to Mr. Bird's company would be considered 'incomplete vehicles' and Mr. Bird's company would be considered a 'final stage manufacturer.'; If this is the case, Mr. Bird's certification responsibilities depen on the information he is provided by the manufacturer of the incomplete vehicle, i.e., the second company referred to in your addendum. Part 568 (copy enclosed) requires the manufacturer of the incomplete vehicle to furnish Mr. Bird's company with a document that states one of three things for the incomplete vehicle. These are:; >>>1. The vehicle when completed will conform to some or all of th applicable safety standards *if* no alterations are made to any identified components of the incomplete vehicle.<<<; If Mr. Bird receives such a document and does not make any of th specified alterations, his company could certify compliance with the standards listed in the previous manufacturer's document simply by stating that compliance has not been affected by the operations performed by Mr. Bird's company. See 49 CFR S567.5(C)(7). Mr. Bird's company would have to certify compliance with any applicable standards not listed in this document.; >>>2. The vehicle when completed will conform to some or all of th applicable safety standards if specific conditions are followed by the final stage manufacturer.<<<; If Mr. Bird receives this type of document, his situation will be ver similar to that described above. That is, if his company follows the specific conditions, it could certify compliance with the standards listed in the previous manufacturer's document simply by stating that compliance has not been affected by the operations performed by Mr. Bird's company. See 49 CFR S567.5(c)(7). Again, Mr. Bird's company would have to certify compliance with any applicable standards not listed in this document.; >>>3. Conformity with some or all of the standards is not substantiall affected by the design of the incomplete vehicle, so the incomplete vehicle manufacturer makes no representation as to conformity with the standards.<<<; If Mr. Bird receives this type of document, his company would b required to certify compliance with the standards identified in the document on its own. This type of document would put Mr. Bird's company in the same position as an alterer for the listed standards.; I have also enclosed a general information sheet for new manufacturer of motor vehicles. This sheet highlights the relevant Federal statutes and the National Highway Traffic Safety Administration regulations that may apply and explains how to get copies of our regulations. I hope that this information is helpful. If you have any further questions about our regulations, please contact this office.; Sincerely, Erika Z. Jones, Chief Counsel