Interpretation ID: nht87-2.3

TYPE: INTERPRETATION-NHTSA

DATE: 06/09/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Wil de Groot -- President, Exoticars of Hunterdon

TITLE: FMVSS INTERPRETATION

ATTACHMT: 2/24/87 letter from Erika Z. Jones to Wil de Groot

TEXT:

Mr. Wil de Groot President Exoticars of Hunterdon 6 Washington Street Frenchtown, NJ 08825

This is in reply to your letter of April 12, 1987, with respect to your further questions on Federal regulation of kit cars.

You have presented the following facts: the engine, transmission, final drive, axles, suspension, steering, brakes, heating and defrosting equipment, windshield wiper motor and mechanisms, instruments, switches, controls, wiring harness, fuel tank, seat belts, door and ignition switch buzzer system, door handles, latches and locks, impact absorbing bumper supports, and other unnamed components, all previously used on a vehicle meeting Federal safety standards would be retained for use with a new body of your own manufacture.

Your first choice is to install these items upon a new chassis of your own manufacture, and to supply the vehicle to a purchaser fully assembled. This is what must be met under these circumstances: when a new body is mounted upon a new chassis, the resul ting vehicle must comply with all Federal motor vehicle safety standards applicable upon the date of its assembly, even if the parts that you named are used. Further, the assembler must certify that the vehicle complies with safety standards. There is no legal obligation to use new parts in order to certify compliance with the standards. The assembler is regarded as a manufacturer of motor vehicles, and must notify owners and remedy noncompliances with the safety standards or safety related defects shou ld they occur, in accordance with Federal law and regulations.

If you supply all parts, but do not complete assembly of the vehicle, we should regard you nevertheless as its manufacturer and subject to the requirements stated above. However, if you do not supply all parts, the question of whether you would be regard ed as the manufacturer would necessarily depend upon the parts that the purchaser must supply in order to compete assembly.

You have also stated your second choice: that the new body would be mounted upon the original chassis, modified to accept it. In this circumstance, when a new body is mounted upon a used chassis, the resulting vehicle is not subject to Federal motor vehi cle standards that apply to new vehicles, and there is no certification obligation. Nevertheless, its assembler is a "manufacturer" under federal law and responsible for notification of owners and remedy of any safety related defects that may occur in th e product. Further, if the assembler is the person responsible for removing the old body, he must ensure that the reassembled vehicle continues to meet the standards that originally applied to the vehicle which might have been affected by removal of the old body. For example, if the body of a 1974 Jaguar XJ6 is removed, compliance with a number of standards such as those covering glazing, lighting, and windshield retention is affected and the reassembled vehicle must then meet the standards that were in effect in 1974. But, standards covering such things as accelerator control systems and brake hoses would not appear to be affected by the disassembly of the original vehicle, and the assembler is under no obligation to ensure that the reassembled vehicle continues to meet those standards.

If the used-chassis vehicle is supplied partially disassembled, but all parts are supplied, we would nevertheless regard the supplier as subject to all obligations discussed above, assuming that he was the person responsible for removal of the old body. If all parts are not supplied, the answer remains as before: whether the supplier is a "manufacturer" depends upon the parts that the purchase must provide.

Finally, you have asked, "if actual crash tests. . .have to be made what is the cost and where is this done?" There is no express legal requirement that a manufacturer of new motor vehicles conduct crash tests in order to certify compliance with those st andards where compliance can be demonstrated through barrier impacts. A manufacturer is required to exercise due care to ensure that his vehicle, if crashed, would meet the performance requirements of those standards incorporating barrier impact test pro cedures, but his certification may be based upon computer simulations, engineering studies, mathematical calculations, etc. We cannot advise you as to the cost of such tests, and suggest you write the Motor Vehicle Manufacturers Association (MVMA) for in formation on facilities that perform them. MVMA's address is 1620 I Street, N.W., Washington, D.C.

I hope this answers your questions.

Sincerely,

Erika Z. Jones Chief Counsel

MS. ERIKA Z. JONES U.S. DEPT. OF TRANSPORTATION NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 400 SEVENTH STREET, S.W. WASHINGTON, D.C. 20590

4.2.1987

Dear Ms. Jones,

Thank you for your reply of Feb. 24 1987 to my letter of January 12, 1987 regarding regulations for home built or car kits.

What we have in mind is to take, for example, a 1974 Jaguar XJ6 (federal version) remove the engine, transmission, final drive, suspension, steering, brakes, etc. and all safety and emission related items and after refurbishing these parts, install them on a new chassis with a new body of our own (U.S.) manufacture. We are familiar with the process of bringing a gray market car into compliance with Federal regulations, having gone through the process and wondering if this same process, complete with all applicable engineering data, photo's and paperwork could somehow be applied to a limited production rebodied and rechassied vehicle without the expense of crashing cars into a wall.

If actual crash tests have to be made what is the cost and where is this done?

The following are the specifics that I hope will allow you to give me the answers I am looking for,:

-Chassis- New made in U.S.A. (first choice) -Chassis- Used original chassis but modified to accept new body (second choice)

-Old parts used- Engine, transmission, final drive, axles, brakes, steering, heating and defrosting equipment, windshield wiper motor and mechanisms, instruments, switches, controls, wiring harnesses, seats, fuel tank, seat belts, door and ignition switc h buzzer system, door handles, latches and locks. Impact absorbing bumper supports, etc.

-Suppled to Consumer fully assembled- (first choice) -Supplied partially disassembled- all parts supplied (second choice) -Supplied partially disassembled- all parts not supplied (third choice)

-Parts- Used would come from federal version of imported cars or domestic cars. All parts including new would meet D.O.T. & E.P.A. specifications.

Thank you in advance, I hope you can help us.

Sincerely,

Wil de Groot, President