Interpretation ID: nht73-3.37

DATE: 03/02/73

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Chesapeake Maring Products

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of February 5, 1973, in which you suggested, with reference to a previous interpretation, that boat trailer assemblers be allowed to use the "altering distributor" certification of 49 CFR @ 567.6, rather than certifying the vehicle as the manufacturer under @ 567.4.

The altering distributor label was not designed to deal with assemblers of vehicles, but with persons who alter vehicles that have already been completed and assembled. A basic prerequisite to its use is that there be a vehicle that already has been certified. I take it that your suggestion really amounts to requiring the supplier of the unassembled parts to certify the vehicle.

We are unwilling to do this on the basis of our present information. It is true that a boat trailer is among the simplest vehicles on the road, but considering vehicles generally, we must consider a vehicle as a functioning whole, not as a group of parts. There may easily be problems caused by the way in which it is assembled, and we do not consider it reasonable to require a manufacturer of parts, against his will, to take responsibility for the final assembly. Although it is conceivable that such a scheme could work with very simple vehicles, it certainly could cause large problems with more complex ones.

We permit the unassembled parts manufacturer to certify if he wishes. Furthermore, the person who assembles the vehicle can require a written commercial warrantly that

the vehicle will conform if properly assembled, which will protect him in certifying the vehicle. I recommend one of these courses of action as a matter of good business practice.

If the unassembled parts manufacturer does certify the package in accordance with @ 567.4 (g)(1)(ii), then it would be permissible for a distributor to use @ 567.6 where he deviates from the certifier's instructions.