Interpretation ID: nht73-4.26

DATE: 06/08/73

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Truck Equipment & Body Distributors Association

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of May 11, 1973, in which you ask about the certification responsibilities for consecutive manufacturers of certain multi-stage vehicles that are intended for use by utilities. The facts as you present them are that a chassis-cab is purchased by a customer and delivered to a utility distributor, who installs a sub-base and a digger-derrick. The truck is then sent to a body-builder who installs a body consisting essentially of storage compartments, which are used to carry personal tools. The compartments are installed to the floor installed by the utility distributor. The unit is then returned to the utility distributor, who installs clearance and other lamps, reflectors, and other accessories, and hooks up hydraulic lines. Smaller vehicles are described as being manufactured in essentially the same manner.

It appears to us that the manufacturing operations you have described fit quite readily into the manufacturing categories established by Parts 567 and 568. The utility equipment distributor is an intermediate manufacturer; he performs manufacturing operations, but does not complete the vehicle, as further manufacturing operations, the installation of the body, are clearly contemplated for the vehicle to perform its intended function. The body-builder is the final-stage manufacturer. When he completes his work the vehicle is ready to perform its intended function, except for the addition of the lighting equipment and the other operations performed by the utility equipment distributor. These latter operations appear to involve "readily-attachable components" and if so the party performing them would not be a final-stage manufacturer.

The certification requirements do not operate differently because; in the case you describe, the utility equipment distributor performs operations on the vehicle at two separate times (installing the derrick, and later the lighting). His responsibilities each time are governed by the operation he then performs. However, inasmuch as the utility distributor appears to perform much of the heavy manufacturing, and because he is also the last person to modify the vehicle, he may wish to assume the responsibility for certification under section 568.7(b), in order that he may affix his name as the manufacturer to the certification label.