Interpretation ID: nht70-2.19

DATE: 05/26/70

FROM: AUTHOR UNAVAILABLE; Rodolfo A. Diaz; NHTSA

TO: Oliver and Sons Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of February 25, 1970, to the National Highway Safety Bureau, that has been referred to this office, in which you enclose certification labels you are(Illegible Word) using to fulfill the requirement of Section 118 of the National Traffic and Motor Vehicle Safety Act of 1966. Your letter did not reach me until now, and I apologize for delay in responding.

You really did not comply enough information for us to properly evaluate your situation. You state that you are a distributor of truck bodies, but you as not say whether you install the bodies yourself.

If you do, in fact assemble a truck body to a chassis-cab, you are considered to be a manufacturer under the Act. As the statutory manufacturer of the vehicle, you are required to certify that the completed assemblage meets all the standards in effect on the date of manufacture of the chassis-cab.

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 a 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 persons in the chain of distribution from liability for nonconformity of which they have no knowledge. Thus, they body assembler to directly responsible for comformity of the finished vehicle with (1) any applicable standards to which the chassis-cab manufacturer was not certified, and (2) any other standards conformity to which is affected by what the(Illegible Word) door to the vehicle, his certification must be for all standards, in the language specified in the certification regulations;(Illegible Word) he can rely on the chassis-cab manufacturer's label for the standard it covers, as(Illegible Word) as he does not know of any nonconformity.

The(Illegible Word) being used on your labels does not fulfill the requirements of the certification regulations that becomes effective as to(Illegible Word)(Illegible Word) after August 11, 1969 (49 C.F.R. 367).

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. Although it is motor vehicle equipment such equipment is only required by the Act to be certified where there is a safety standard applicable to it or to equipment, such as glazing, that is part of it. When the body is assembled to the chassis, the completed vehicle must be certified in accordance with the certification regulations, as explained above.

It is not clear what you mean by the phrase "modification label." You may be referring to Section 367.6 of the certification regulations, which is intended for the use of distributors who alter a previously certified vehicle that has been completed by another manufacturer. In any event, the nonenclosure does not meet the requirements of the section.

We are enclosing the following publications:

The National Traffic and Motor Vehicle Safety Act of 1966.

The Certification Regulations (49 C.F.R. Part 367).

A sample certification label.

A publication having to do with the availability of the latest edition of Federal Motor Vehicle Safety Standards and Regulations.

Mailing List Questionnaire.

A new proposal having to do with vehicles manufactured in two or more stages (35 F.R. 4639 through 4641).

Please cobalt a copy of your label that has been revised to fulfill the requirements.

We trust this will clarify the situation for you. We will be pleased to answer any additional questions that you might have.

ENCLOSURES