Interpretation ID: nht68-4.11

DATE: 09/06/68

FROM: AUTHOR UNAVAILABLE; Robert M. O'Mahoney; NHTSA

TO: The Flink Company

TITLE: FMVSS INTERPRETATION

TEXT: I regret the delay in answering your letter of April 9 to the Office of Performance Analysis, National Highway Safety Bureau, concerning the obligations of Flink as a manufacturer of spreader equipment for installation on trucks. It appears that your primary concern is with the requirements of Federal Motor Vehicle Safety Standard No. 109 (Lamps, Reflective Devices, and Associated Equipment).

You have asked:

"1. Who is responsible for the meeting of the requirements when the spreader is shipped to a distant point and there mounted on an existing truck either by a dealer or by the ultimate customer?"

Section 101(5) of the National Traffic and Motor Vehicle Safety Act of 1966 includes in the definition of manufacturer any person engaged in the assembling of motor vehicles. Accordingly, any person including a dealer, mounting a spreader to a truck, prior to its sale to the first purchaser for purposes other than resale, will be responsible for insuring that the completed vehicle, when sold, complies with Federal Standard No. 108 and any other standard which might have been adversely affected by installation of the spreader.

"2. If the manufacturer complies with the law and attaches the lights, etc., is his responsibility ended or is he responsible after the unit is mounted by another party?"

Flink's status, as a spreader manufacturer, is that of a manufacturer of motor vehicle equipment. There are no standards currently applicable to spreaders. In other words, the Act does not require that Flink install lights on spreaders if Flink is not attaching spreaders to trucks. Even if Flink attaches lights to a spreader pursuant to a contractual obligation, the responsibility for insuring compliance with Standard No. 108 lies with the party mounting the spreader. In neither event is certification by Flink required.

"3. If a dump body to which a spreader is to be attached already has the required lighting, etc., is anything further required on the spreader?"

Since Federal standards currently do not apply to spreaders, nothing is required on them. If Flink is mounting spreaders to trucks, however, it is possible that this installation could affect Standard No. 108 so that Flink would have to install lighting devices on the spreader to insure compliance with this standard. If Flink's mounting of spreaders does not affect previously existing compliance with Standard No. 108, no certification by Flink is required.