Interpretation ID: nht69-2.27

DATE: 10/03/69

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Harbors Trailers Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letters of August 12 and September 4, 1969 in which you asked several questions about the responsibilities under the National Traffic and Motor Vehicle Safety Act of companies that assemble bodies to chassis. I have taken the liberty of restating your questions.

What does a person who assembles truck bodies to chassis certify, and on what basis: Such an assembler is a manufacturer" under the Act, and the vehicles that he assembles must be certified by him as conforming to all applicable standards. The primary responsibility for conformity of the chassis-cab, however, falls on the manufacturer of it (generally a major automotive manufacturer), and under the regulations that manufacturer is required to affix to label to the chassis-cab listing the standards to which it conforms. Under section 108(b)(2) of the Act, such a certification protects subsequent persols in the chain of distribution from liability from noncenformity of while they have no knowledge. Thus, the body assembler is directly responsible for conformity of the finished vehicle with (1) any applicable standard to which the chassis-cab manufacturer has not certified, and (2) any other standards conformity to which is affected by what the assembler does to the vehicle. His certification must be for all standards, in the language specified in the certification regulations, but he can rely on the interim certification of the chassis-cab manufacturer for the standards it covers, as long as he does not know of any nonconformity.

What are the applicable standards? The applicable standards for a vehicle manufactured by assembling a body to a chassis-cab are those in effect on the date on which the chassis-cab was completed. This date appears on the label that the chassis-cab manufacturer must affix to the chassis-cab.

What is the vehicle identification number that must appear on the assembler certification label? At present there is not a safety standard relative to a vehicle identification number for vehicles other than passenger cars. The vehicle identification number to be affixed to the completed vehicle under the certification regulations, therefore, should be a number assigned to the vehicle by the assembler, by which he can identify the vehicle on request of an investigating agency such as the Federal Highway Administration.

Is there any requirement for certification of truck bodies separately from the assembled vehicles? No. A truck body is not a "motor vehicle" within the meaning of the Act and the regulations, and therefore is not covered by the present Certification Regulations (49 CFR Part 367). Although it is "motor vehicle equipment", such equipment is only required by the Act to be certified where there is a safety standard applicable directly to it; and there are none at present for truck bodies. When the body is assembled to the chassis, the completed vehicle must be certified in accordance with the Certification Regulations, as explained above.

I am enclosing a copy of the current standards and regulations. We are pleased to be of assistance.