Interpretation ID: nht73-4.28

DATE: 06/26/73

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: Peterbilt Motor Truck Co.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of May 22, 1973, in which you state you are a distributor of Peterbilt trucks and ask whether certain operations you perform subject you to Federal requirements. These operations are modifications to air brake systems and the installation of used bodies on new truck chassis.

A company whose business includes the installation of used bodies on new truck chassis is a manufacturer under the National Traffic and Motor Vehicle Safety Act and, as such, has certain responsibilities under the Act and regulations issued by this agency. In response to your question regarding registration, you are required pursuant to NHTSA "Manufacturers' Identification" regulations (49 CFR Part 566) to submit to the agency information regarding the manufacturing operations of your company and the types of vehicles that it manufactures.

A manufacturer is also required, pursuant to NHTSA "Certification" regulations (49 CFR Part 567, 568) to ascertain and certify the conformity of each vehicle he manufacturers to applicable motor vehicle safety standards. Under these regulations the person who completes the vehicles (the "final-stage manufacturer") is required to affix to the vehicle a label that contains the certification that the vehicle conforms to applicable standards, as well as other information. Our experience has been that most manufacturers who install truck bodies onto new chassis are final-stage manufacturers, who must affix this label. Persons whose manufacturing operations precede that of the final-stage manufacturer are required to provide documentation with the vehicle that indicates what steps will be necessary in order to bring the vehicle into conformity with applicable standards.

You also ask if there are requirements for the making of periodic reports. NHTSA "Defect Reports" regulations (49 CFR @ 573.5(b)) do require manufacturers to furnish the NHTSA with quarterly production figures.

The other operation you describe is the modification of vehicle air brake systems, including changes in valves, lines, spring brakes, air tanks, etc. If you merely modify an existing air brake system, there are presently no certification or reporting requirements applicable to you. The NHTSA has just issued certification requirements for persons who alter completed vehicles, and depending on the extent of the modification you perform, these requirements may apply to you. They are effective February 1, 1974. All trucks manufactured after September 1, 1974, that are manufactured with air brakes will be required to conform to requirements specified in Federal Motor Vehicle Safety Standard No. 121. The law would not allow you to modify the air brake system of any truck manufactured on or after that date, before the sale of the truck to a purchaser for a purpose other than resale (a user), if the modification you performed would cause the vehicle to no longer comply with the standard.

I have only summarized the requirements that, based on the facts you have provided, would be applicable to you. Your responsibilities are stated specifically in the regulations we have referred to, and you may obtain copies of these requirements as indicated on the enclosed, "Where to Obtain Motor Vehicle Safety Standards and Regulations."

ENC.

May 22, 1973

Mr. Larry Schneider, Chief Counsel NHTSA

We are distributors of Peterbilt trucks and, in addition to the sales and services of Peterbilt trucks, we operate a service and repair shop which, in addition to the repair of used trucks, we intend to perform, occasionally, the following services both on new Peterbilts that we sell and other makes of new trucks sold by other dealers.

1) Modifications to air brake systems including, but not limited to, changes in valves, lines, spring brakes, air tanks, etc. $2) Removal of bodies from used trucks and installation of these bodies on new chassis.

Services described in 1) and 2) above are done on order to us from the owners of vehicles involved.

Can you advise us regarding our responibilities in the following areas.

a) Are we required to register? If yes, how do we do this?

b) Are we required to make periodic reports? If so, to whom and when?

c) Are we required to "certify" what we do? If so, how, when, to whom, etc.?

Thank you for your assistance.

ENGS MOTOR TRUCK CO.

R. W. Harvey