Interpretation ID: nht81-3.32

DATE: 11/02/81

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Century Motor Coach

TITLE: FMVSR INTERPRETATION

TEXT: This is to follow-up on your phone conversation of September 15, 1981, with Stephen Oesch of my staff concerning the agency's certification requirements for persons who alter certified vehicles. Your specific question was whether an alterer has to certify that the vehicle, as altered, is in compliance with all applicable safety standards affected by the alterations as of the date of the completion of the alterations or as of the date of the manufacture of the original vehicle. As explained below, an alterer may, at his or her option, choose either date.

The agency's certification regulations are set forth in Part 567, Certification (49 CFR Part 567), a copy of which is enclosed. Section 567.7 of the regulation applies to persons who alter certified vehicles. Section 567.7 specifies the content of the certification statement that must be affixed to the vehicle by the alterer. The portion of the regulation pertinent to your question is section 567.7(a) which provides that the alterer must state:

"This vehicle was altered by (individual or corporate name) in (month and year in which alterations were completed) and as altered it conforms to all applicable Federal Motor Vehicle Safety Standards affected by the alterations and in effect in (month, year)." The second date shall be no earlier than the manufacturing date of the original vehicle, and no later than the date alterations were completed . . . .

Thus, the regulation allows an alterer the option of choosing either the date of original manufacture or the date of completion of the alterations as the date for determining which safety standards apply.

As you requested, I have also enclosed a copy of Standard No. 208, Occupant Crash Protection. Section 4.2.2 specifies the requirements applicable to trucks and multipurpose passenger vehicles with a gross vehicle weight rating of 10,000 pounds or less manufactured on or after January 1, 1976.

If you have any further questions, please let me know.

ENCLS.