Interpretation ID: nht72-6.17

DATE: 03/17/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: CaraVan Custom Conversions

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of February 21, 1972, in which you request information on how to comply with the Defect Reports regulations (49 CFR Part 573). You state that your company converts vans into campers and other specialized uses, that some of your work is minor in nature, such as installing paneling, floors, or windows, and vents, and ask how to determine when you have developed a "model" for reporting purposes under the regulations.

The Defect Reports regulations apply to "manufacturers." As a general rule, a person who converts an already complete vehicle will be considered a manufacturer of the converted vehicle if he modifies it in such a way that the vehicle's structure or function is affected, to a significant extent. For example, a person who takes a basic van-type truck and makes extensive interior modifications to provide eating, sleeping, and bathroom facilities -- producing what might be called a motor home, although nomenclature is not determinative -- would be considered a manufacturer by the NHTSA. By contrast, a person who only added a window or some paneling at a customer's request would not be so considered. We recognize that a precise and universal line between these two polar examples is difficult to draw. For purposes of compliance with Part 573, we will accept a reasonable judgment on your part as to where the line should be drawn in your case.

Since your work is done a custom basis, you may consider the "make" and "model" language of the regulation as inapplicable to your production.