ID: nht94-9.5

TYPE: Interpretation-NHTSA

DATE: January 10, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA; Signature by Ken Weinstein

TO: Kathryn A. Roach -- Cooper Perskie April Niedelman Wagenheim & Levenson

TITLE: None

ATTACHMT: Attached to letter dated 11/11/93 from Kathryn A. Roach to NHTSA Chief Counsel (OCC-9344), letter dated 1/19/90 from Stephen P. Wood to Linda L. Conrad (Std. 208) and letter dated 3/4/93 from John Womack to Robert A. Ernst

TEXT:

This responds to your letter of November 11, 1993, requesting confirmation of a statement made by a NHTSA engineer that there is no federal regulation that requires replacement of a deployed air bag.

I am enclosing two letters that explain legal obligations to replace air bags which have been deployed. The first letter, dated January 19, 1990, is to Ms. Linda L. Conrad. The second letter, dated March 4, 1993, is to Mr. Robert A. Ernst. As explained in those letters, Federal law does not require replacement of a deployed air bag in a used vehicle. In addition, there is no Federal law that prohibits selling a used vehicle with a supplemental restraint that is inoperable because of a previous deployment. However, our agency strongly encourages dealers and repair businesses to replace deployed air bags whenever vehicles are repaired or resold, to ensure that the vehicles will continue to provide maximum crash protection for occupants. Moreover, a dealer or repair business may be required by state law to replace a deployed air bag, or be liable for failure to do so.

I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

ID: nht94-9.6

TYPE: Interpretation-NHTSA

DATE: January 10, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: C.N. Littler -- Coordinator, Regulatory Affairs, MCI/TMC (Manitoba)

TITLE: None

ATTACHMT: Attached to fax dated 7/30/93 from C.N. (Norm) Littler to Mary Versailles (OCC 8951)

TEXT:

This responds to your FAX and phone call of July 30, 1993 to Mary Versailles of my office. Your FAX enclosed information on a vehicle, the AMF Invader, which is built on a remanufactured MCI chassis, and advertised and sold as a new vehicle. You do not believe that such a vehicle should be considered a new vehicle. As Ms. Versailles explained on the phone, we can explain whether such a vehicle would be considered a new vehicle for purposes of laws and regulations administered by this agency, and the implications of such a determination. I suggest you also contact the Federal Trade Commission concerning whether it is appropriate to advertise this vehicle as new. To determine whether this vehicle can be titled and registered as new, you would have to contact the various states concerning their laws.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S1381 et seq.; Safety Act) to issue Federal motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. Section 108(a)(1)(A) of the Safety Act (15 U.S.C. 1397(a)(1)(A)) prohibits any person from manufacturing, introducing into commerce, selling, or importing any new motor vehicle or item of motor vehicle equipment unless the vehicle or equipment item is in conformity with all applicable safety standards. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor does it endorse any commercial products. Instead, the Safety Act establishes a self-certification process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

After a vehicle's first retail sale, a provision affecting its modification is section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A)) which provides:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, andy device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard.

It is possible that modifications on an existing vehicle may be so substantial that the resulting vehicle would be a new vehicle for purposes of compliance with the safety standards. In this case, the new vehicle would be required to be certified by its manufacturer as complying with all applicable safety standards in effect on its date of manufacture, just like every other new vehicle. This date would be the date such modifications were completed.

The agency has stated that a bus built with a new body is not considered a "new" vehicle if, at a minimum, the engine, transmission, and drive axle(s) are not new and at least two of these three listed components are taken from the same used vehicle (see, for example, August 11, 1987 letter to Mr. Ernest Farmer). The agency has also stated that a bus constructed from an old body and a new chassis is a new vehicle (see, for example, July 17, 1981 letter to Mr. Larry Louderback). When neither the body nor the chassis are completely new, the agency looks to see if the vehicle has so deviated from the original components and attributes that it may be considered an new vehicle, and one for which compliance with the safety standards is legally required, or whether it has retained a sufficient number of components and characteristics to be considered a used vehicle (see, for example, April 22, 1991 letter to Mr. Kent Morris).

You enclosed an article titled "The New Invader" from the August 1993 issue of National Bus Trader magazine. The manufacturing process for the Invader is described beginning on page 14. Page 16 of this article states, "the Invader is supplied with a new engine," but the article does not contain enough information to determine whether the vehicle, which includes both new and old parts, would be considered new. If the Invader has a new body, NHTSA would consider the vehicle to be new if the chassis lacks the used components referenced in the Farmer letter. Any new vehicle must be certified as complying with all applicable safety standards in effect on the date of manufacture before the vehicle can be sold in the United States.

I hope you find this information helpful. If you have any other questions, please contact Mary Versailles at this address or by phone at (202) 366-2992.

ID: nht94-9.7

TYPE: Interpretation-NHTSA

DATE: January 10, 1994

FROM: Adam A. Freund -- Manager, Testing Services, Standards Testing Laboratories, Inc.

TO: Walter Myers -- Office of Chief Counsel, NHTSA

TITLE: Table II Minimum Static; Breaking Energy (inch pounds) D.O.T. 119

ATTACHMT: Attached to letter dated 4/12/94 from John Womack to Adam A. Freund (A42; Std. 119)

TEXT:

Further to our telephone conversation of this date, please find enclosed a copy of subject matter for your perusal. As we had discussed I believe there is a typo in the highlighted columns marked respectively MOTORCYCLE and ALL 12 INCH OR SMALLER RIM SIZE. If I am correct the first column MOTORCYCLE should show a plunger diameter of 5/16" and the column marked ALL 12 INCH OR SMALLER RIM SIZE should show a plunger diameter of 3/4".

I would appreciate your qualifying my interpretation of above subject matter. If my interpretation is incorrect, please advise me how the respective columns should be marked.

Standards Testing Laboratories, Inc. would greatly appreciate any expedited consideration you may allow us on this request.

ATTACHMENT

(Table omitted.)

ID: nht94-9.8

TYPE: Interpretation-NHTSA

DATE: January 8, 1994

FROM: Bob Carver -- Product Engineering, Wayne Wheeled Vehicles

TO: John Womack

TITLE: None

ATTACHMT: Attached to letter dated 3/24/94 from John Womack to Bob Carver (A42; Std. 217)

TEXT:

I have two matters in which I need rulings from the Chief Counsel regarding FMVSS 217. I've discussed both with Charles Hott and he recommended that I write you for an official response.

QUESTION 1:

There's some confusion here in our engineering department regarding the interpretation of the "Daylight Opening" and "Unobstructed Opening" as it applies to the new side emergency door specifications in FMVSS 217. Page 2 shows the allowable obstruction and the context in which "Daylight Opening" and "Unobstructed Opening" are used. Page 3 shows some measurements of our seats placed according to the "30 cm minimum" shown on page 2. Page 4 shows four different interpretations of the "Unobstructed Opening" area. Depending on the interpretation, between 9 and 15 people may be accommodated by a side emergency door. My question is this: of the four possibilities shown, which definition of the "Unobstructed Opening" area is correct? Mr. Hott indicated definition 4.

QUESTION 2:

Here is an excerpt from FMVSS 217 S5.5.3(a): "Each school bus ....shall have the designation "Emergency Door" or "Emergency Exit" as appropriate,.... For emergency exit doors, the designation shall be located at the top of, or directly above, the emergency exit door on both the inside and outside surfaces of the bus..... For emergency window exits, the designation shall be located at the top of, or directly above, or at the bottom of the emergency window exit on both the inside and outside surfaces of the bus."

I've seen a two-sided sticker used by other bus manufacturers. It is applied on the inside surface of a window and the same image "Emergency Door" or "Emergency Exit" can be read from both inside and outside the bus. Is it permissible for us to use this sort of decal, assuming it meets all other (i.e. FMVSS 302)?

I can make an educated guess on both questions, but I'd like an official ruling. I look forward to your response.

ATTACHMENT

Figure 5C - Mimimum Side Emergency Exit Clearance Specifications and Side Door Opening With Seat Obstruction. (Text and graphics omitted.)

ID: nht95-1.1

TYPE: INTERPRETATION-NHTSA

DATE: January 1, 1995 EST

FROM: Andrew Grubb

TO: U.S. Department of Transportation, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO 6/12/95 LETTER FROM JOHN WOMACK TO ANDREW GRUBB (A43; VSA 102(4))

TEXT: To whom it may concern,

I am writing in regards to motor vehicle regulations as applicable to two products I am currently selling. I have a copy of a letter dated April 1st of 1991 from Mr. Paul Jackson Rice, of your office dealing with a small push scooter like product, eq uipped with a 37cc engine called a "Walk Machine". In this letter, Mr. Rice had written "NHTSA has stated in many interpretations that vehicles that regularly use the public roads will not be considered a motor vehicle if such vehicles have a maximum at tainable speed of 20 mph or less and have an abnormal configuration which readily distinguishes them from other motor vehicles." He then went on to say since the "Walk Machine" fit this description, and that it was not a "motor vehicle", that none of the NHTSA's standards would apply to it.

The products I have in question both seem to fit into these guidelines, however I would like to get an official ruling on that by your office. Enclosed you will find sales brochures for both products which may prove helpful in understanding what each one entails.

The first product is a scooter called the "California Go-Ped". The Go-Ped resembles a small push scooter, with a 22.5cc 2 cycle motor mounted above the rear wheel. It is a small, foldable scooter with 6" diameter non-pneumatic tires, weighing 20 lbs . This scooter cruises at an average of 15mph, with a maximum of 20 mph.

The other "scooter" type product is called "TSi Power Scooter". Similar to the Go-Ped it too resembles a push scooter, however it has a slightly larger wheel diameter (14" inflatable tires), and is not foldable. This scooter is driven by a 21cc 2 cy cle motor mounted above the rear wheel, with a top speed of approximately 15mph. TSi Powered Sports also produces a few other models including a motorized "skateboard", and motors for mounting on a conventional bicycle. Any input on these other product s would be appreciated.

I want to try and clear up where exactly these products fit into MV regulations, so I can tell my customers exactly wher they can and can not opperate them. I have also written to get more information on state MV laws, and federal safety regulations applicable to these scooters. I appreciate and await a reply dealing with these products.

Brochures omitted.

ID: nht95-1.10

TYPE: INTERPRETATION-NHTSA

DATE: January 5, 1995

FROM: Philip R. Recht -- Chief Counsel, NHTSA

TO: Donald Orlando -- Orlando World Industries

TITLE: NONE

ATTACHMT: Attached to 10/21/94 letter from Donald Orlando to Ed Glancy

TEXT: Dear Mr. Orlando:

This responds to your letter concerning whether your "Seat Belt Buddy" would be affected by any Federal Motor Vehicle Safety Standards issued by this agency. You describe the product as "a stuffed toy animal with a slit in the center of the animal where you insert the seat belt through and then into the automobile's buckle."

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue Federal motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. The agency does not approve, certify or endorse any vehicles or equipment. Instead, manufacturers are required to certify that their vehicles and equipment meet all applicable standards. The following represents our opinion based on the facts provided in your letter.

There is currently no Federal motor vehicle safety standard that would apply to your product. We do have a standard (Standard 209, Seat belt assemblies) that sets forth requirements for new seat belt assemblies. We also have a standard (Standard No. 30 2, Flammability of Interior Materials) that sets forth flammability resistance requirements for the originally installed safety belts of the vehicle. However, since your product would not be part of a new seat belt assembly, these standards would not ap ply.

While no Federal motor vehicle safety standard applies to your product, your device is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements of 49 U.S.C. @@ 30118-30121 con cerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those and other manufacturer responsibilities. In the event you or NHTSA determines that your product contains a safety-r elated defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

In addition, manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to 49 U.S.C. section 30122, which prohibits them from installing the device if the installation "makes inoperative" compliance with any safety standard. I t appears unlikely from the nature of your product that it would be placed in vehicles by commercial businesses instead of consumers. However, if your product were to be installed by persons in those categories, they must ensure that its installation doe s not compromise the safety protection provided by the vehicle belt system. For example, they must ensure that the Seat Belt Buddy does not impair the function of the safety belt or belt retractor, or vitiate the compliance of the belts with Standard No . 302. The prohibition of section 30122 does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment.

Please note that the addition of any device to a vehicle's belt system raises possible safety concerns. Our safety standards require specific levels of performance for a vehicle's safety belt system. For example, Standard 208 has requirements that ensu re that a vehicle's lap and shoulder belts are installed to distribute the crash forces over the skeletal structure of the occupant. The safety standards also have requirements for belts to automatically lock and retract. We urge you to carefully evalu ate whether your product would in any way compromise the safety protection provided by the vehicle belt system, and whether instructions to the consumer are needed to advise about the proper use of the product. Among other things, you should evaluate wh ether children are likely to play with the "Seat Belt Buddy" in a manner that either introduces excessive slack in the shoulder belt, thereby reducing the protection provided by that belt in the event of a crash, or the inadvertent unlatching of the belt system. Finally, since the originally installed safety belts must meet the requirements of Standard No. 302, Flammability of Interior Materials, we encourage you not to degrade the flammability performance of safety belts.

I hope this information has been helpful. If you have any other questions, please contact Edward Glancy of my staff at this address or by phone at (202) 366-2992.

Sincerely,

ID: nht95-1.100

TYPE: INTERPRETATION-NHTSA

DATE: March 14, 1995

FROM: Philip R. Recht -- Chief Counsel, NHTSA

TO: Alberto Negro -- Chief Executive Officer, Fiat Auto R&D U.S.A.

TITLE: None

ATTACHMT: ATTACHED TO 9/29/94 LETTER FROM ALBERTO NEGRO TO JOHN WOMACK (OCC 10403)

TEXT: This responds to your letter concerning 49 CFR Part 583, Automobile Parts Content Labeling. I apologize for the delay in our response. Section 583.5 (g) provides that "a manufacturer that produces a total of fewer than 1000 passenger motor vehicles in a model year" need not provide the U.S./Canadian Parts Content or Major Foreign Sources items on the vehicle label required by that regulation. You asked whether the 1000 unit threshold applies to the Alfa Romeo and Ferrari marques separately or collectiv ely, as those marques are both owned by Fiat S.p.A. You stated that Fiat S.p.A. is the stockholder of Fiat Auto S.p.A., which produces Alfa Romeo cars, and of Ferrari S.p.A. which produces Ferrari cars. As discussed below, the 1000 vehicle threshold ap plies to Alfa Romeo vehicles and Ferrari vehicles separately, since they are produced by different companies.

Part 583 incorporates the statutory definition of "manufacturer" (see section 583.4 (a) and 49 U.S.C. 32304 (a) (7)), which reads as follows:

"Manufacturer" means a person --

(A) engaged in manufacturing or assembling new passenger motor vehicles;

(B) importing new passenger motor vehicles for resale; or

(C) acting for and under the control of such a manufacturer, assembler, or importer in connection with the distribution of new passenger motor vehicles.

The term "person" is defined at section 583.4 (b) as "an individual, partnership, corporation, business trust, or any organized group of persons."

Under these definitions, both the European producer and the importer are considered manufacturers of Alfa Romeo and Ferrari passenger motor vehicles. Therefore, both the producer and the importer are subject to Part 583.

In applying section 583.5 (g) in the context of your question, we would focus on the European producer rather than the importer. This is because that section provides that "a manufacturer that produces a total of fewer than 1000 passenger motor vehicles in a model year" need not provide the U.S./Canadian Parts Content or Major Foreign Sources items on the vehicle label required by that regulation. Since Alfa Romeo vehicles and Ferrari vehicles are produced by different European companies, the 1000 vehi cle threshold applies to them separately. I note that, as discussed in the final rule preamble, only passenger vehicles manufactured for sale in the United States are counted toward the 1000 vehicle threshold.

This interpretation is limited to section 583.5(g). The statutory provisions for other programs administered by NHTSA have different purposes and different definitions of "manufacturer." Also, the CAFE statute has special provisions concerning manufactu rers that are within a control relationship. Therefore, this interpretation should not be applied outside the context of section 583.5(g).

I hope this information has been helpful. If you have any other questions or need some additional information in this area, please contact Edward Glancy of my staff at this address or by phone at (202) 366-2992.

ID: nht95-1.11

TYPE: INTERPRETATION-NHTSA

DATE: January 5, 1995

FROM: Philip R. Recht -- Chief Counsel, NHTSA

TO: Amin Ahmadi

TITLE: NONE

ATTACHMT: Attached to 8/15/94 letter from Amin Ahmadi to Office of Rule Making

TEXT: Dear Mr. Ahmadi:

This responds to your letter requesting that the Federal government require all motor vehicles to be equipped with your mirror, which you believe reduces blind spots. You state that part of your mirror is shaped at a straight angle while another part ha s a three to five degree outward variance. As explained below, this agency, the National Highway Traffic Safety Administration (NHTSA), does not believe it should require all vehicles to be equipped with your mirror. Nevertheless, NHTSA does not prohibi t you from marketing your mirror, provided the mirror complies with the Federal standard on rearview mirrors and other safety considerations are met.

Before I begin, I would like to reference a November 29, 1994 telephone conversation between you and Mr. Marvin Shaw of my staff, about your request for the information in your letter be treated as confidential. Mr. Shaw explained that letters requestin g interpretations of our Federal motor vehicle safety standards (FMVSSs) are public information. Nevertheless, he further explained that we would only include a general description of your mirror in our response. Accordingly, we will return your sketche s to you and make only the cover letter publicly available. You agreed that this would satisfy your concerns about not disclosing your design concepts.

By way of background information, Congress has authorized NHTSA to issue FMVSSs for new vehicles and new items of equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment. Instead, the law establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The following represents our opinion based on the facts provided in your letter.

NHTSA has issued FMVSS No. 111, Rearview Mirrors (49 CFR @ 571.111, copy enclosed), to set performance requirements for new vehicle mirrors. FMVSS No. 111 establishes performance and location requirements for the rearview mirrors in each new motor vehic le. Vehicle manufacturers must certify that each of their new vehicles complies with the applicable requirements in FMVSS No. 111. Vehicle manufacturers may install mirror systems that combine a portion of the mirror with a straight angle with a portion of the mirror that is at a slight variance, provided that the straight mirror portion by itself complies with the requirements in FMVSS No. 111 that are applicable to the vehicle on which the mirror system is installed.

Assuming that the straight mirror portion of your mirror system complies with the applicable requirements of FMVSS No. 111, vehicle manufacturers could install this new mirror system on their vehicles.

However, even though your mirror may be installed as original equipment, NHTSA does not agree with you that new vehicles should be required to be equipped with a mirror system that has a portion that is at a slight variance. As explained in the enclosed notice about convex mirrors, while a convex mirror reduces blind spots by increasing a driver's field of view, such mirror systems also "increase distortion and reduce a driver's depth perception and judgement about another vehicle's closing distance." Like the mirror referenced in that notice, your mirror has both potential advantages and disadvantages: it would increase the driver's field of view, but it would to some extent increase the potential for confusing the driver, since it combines two diffe rent orientations.

Please note that since FMVSS No. 111 applies to the completed new vehicle, it does not apply to mirrors sold and installed as aftermarket equipment. However, there are other Federal requirements that indirectly affect an aftermarket mirror system. Under NHTSA"S enabling statute, the agency considers the mirror to be an item of motor vehicle equipment. Manufacturers of motor vehicle equipment are subject to our statute's requirements concerning the recall and remedy of products with safety related defe cts. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determines that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defective eq uipment and remedying the problem free of charge.

In addition, manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to a provision in the law, which states: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly make inoperative . . . any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . ." Based on our understanding of your mirror system, it appears that its install ation would not make inoperative compliance with the standard. Nevertheless, if the installation of your mirror system resulted in a vehicle no longer complying with FMVSS No. 111, then the manufacturer, distributor, dealer, or motor vehicle repair busi ness that replaced the complying mirror with a noncomplying system would have made inoperative a device (the mirror system) installed in the vehicle in compliance with FMVSS No. 111. The law specifies a civil penalty of up to $ 1000 for each violation o f the make inoperative provision.

This provision in the law does not establish any limitation on an individual vehicle owner's ability to modify his or her own vehicle. Under Federal law, individual owners can install any mirror system they desire on their own vehicles, regardless of wh ether that mirror makes inoperative the vehicle's compliance with the requirements of FMVSS No. 111. However, NHTSA urges vehicle owners not to degrade the safety of any system or device on their vehicles, including the safety of their rearview mirrors. In addition, individual States are responsible for regulating the use of motor vehicles, and a State may have its own requirements with regard to the type of mirrors vehicles must have to be registered in that State.

I hope this information is helpful. For your future reference, I have enclosed an information sheet providing general information about NHTSA's regulations for manufacturers of new motor vehicles and motor vehicle equipment. Please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992 if you have any further questions or need additional information.

ID: nht93-5.16

TYPE: Interpretation-NHTSA

DATE: July 8, 1993

FROM: Harold R. Burke, Esq. -- Duel and Holland

TO: Office of the Chief Counsel, NHTSA

TITLE: Importation of type M-151 military vehicle

ATTACHMT: Attached to letter dated 3/16/94 from John Womack to Harold R. Burke (A42; Part 591; VSA Sec 571.7(a))

TEXT:

At the suggestion of Mr. George Shifflett, I am contacting you with respect to the importation of approximately 8,000 type M-151 military vehicles ("Jeeps") originally built in the United States between 1973-75. These vehicles have never been used and are currently located outside this country. It is my client's intention to return these vehicles to the United States and resell them for use here. Specifically, my client requests a legal opinion as to the following questions:

1. As U.S. origin vehicles which have been outside this country since 1975 are they now classified as "foreign" vehicles which are subject to current D.O.T. and E.P.A. safety and emissions criteria?

2. If they are not considered "foreign" vehicles what, if any, D.O.T. regulations would apply to the registration of such vehicles for use on U.S. roads?

3. If they are considered "foreign" vehicles what, if any, D.O.T. regulations would apply to the registration of such vehicles for use on U.S. roads?

If I can provide any additional information with respect to these questions, please feel free to contact me.

Thank you and your earliest reply will be appreciated.

ID: nht93-5.17

TYPE: Interpretation-NHTSA

DATE: July 9, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Christopher Banner

TITLE: None

ATTACHMT: Attached to letter dated 3-21-93 from Christopher Banner to John Wolmack (Womack) (OCC 8477)

TEXT:

This responds to your request for an interpretation of how NHTSA's regulations would apply to some manufacturing operations you are contemplating. I apologize for the delay in this response. In a telephone conversation with Dorothy Nakama of my staff, you explained that you would like to start producing vehicles based on Ford pickup truck chassis. Some of these Ford chassis would come from wrecked vehicles that you would strip down to the frame, and others would be new chassis that you would purchase directly from Ford. You would then install new bodies on top of some of these chassis and offer them for sale as completed vehicles. You also would like to offer some of these bodies and chassis for sale as "kit cars." In the "kit car" version, you would sell the body and chassis to the purchaser of the kit, and the purchaser of the kit would have to furnish some other parts in order to complete the vehicle.

This agency's Federal motor vehicle safety standards apply to new motor vehicles and new items of motor vehicle equipment. Federal law does not require motor vehicles and items of motor vehicle equipment to continue to comply with the safety standards after the first purchase of the vehicle or equipment item in good faith for purposes other than resale. However, Federal law does prohibit any manufacturer, distributor, dealer, or repair business from knowingly "rendering inoperative" compliance with a safety standard for a vehicle or item of equipment. See 15 U.S.C. 1397 (a)(1)(A), (a)(2)(A), and (b)(1).

1. NEW BODY ON NEW CHASSIS. All vehicles you produce by installing a new body on a new chassis would be considered new vehicles. You would have to certify that each of those vehicles conformed to all applicable safety standards. You would be considered a "final stage manufacturer" of the vehicles, as that term is used in 49 CFR Parts 567 and 568.

2. NEW BODY ON USED CHASSIS. We cannot say from the information you have provided whether the vehicles you produce by installing a new body on a stripped, wrecked Ford pickup would be treated as a new vehicle, and have to be certified as complying with the applicable safety standards. The answer depends on how extensively you modify the Ford pickup chassis.

To allow vehicle modifiers to determine when the modifications to a used chassis are so extensive that the resulting vehicle will be considered new for the purposes of the Federal safety standards, NHTSA has established specific criteria at 49 CFR 571.7(e), COMBINING NEW AND USED COMPONENTS. That section reads as follows:

When a new cab is used in the assembly of a truck, the truck will be considered newly manufactured . . . unless the engine, transmission, and drive axle(s) (as a minimum) of the assembled vehicle are not new, and at least two of these components were taken from the same vehicle.

This provision means that if you leave the frame, engine, transmission, and drive axle in place from the wrecked vehicle, and place a new body on top of it, we would consider that vehicle to be a used vehicle, which would not have to be certified by you as complying with applicable safety standards. On the other hand, if you were to remove all the drive components from the frame of the Ford pickup chassis, and add new drive components or rebuilt drive components from different vehicles, the vehicle would be a new vehicle and would have to be certified by you as complying with all applicable safety standards.

3. KIT CARS. Under the National Traffic and Motor Vehicle Safety Act, a "motor vehicle" is defined, in part, as one that is "driven by mechanical power." See 15 U.S.C. 1391(3). We have interpreted this provision to mean that a unit would be considered only an assemblage of motor vehicle equipment, and not a motor vehicle, until such time as a power source is added. None of the Federal motor vehicle safety standards apply to assemblages of motor vehicle equipment, or to used equipment items in the assemblage (items used on a vehicle previously in service on the public roads). However, certain of the safety standards would apply to new equipment items included in the assemblage. It would be a violation of Federal law if your kit car includes any new brake hoses, brake fluid, lighting equipment, tires, glazing, or seat belt assemblies that do not comply with the applicable safety standards.

If you ship your kit cars with all parts needed to produce a completed motor vehicle, including the power source, this agency will treat the kit car as a motor vehicle, not an assemblage of motor vehicle equipment, regardless of the state of completion of the kit. You would be required to certify that the kit car conformed to all applicable safety standards if it were treated as a new vehicle under the rules set forth in 1. and 2. above, but not if it were treated as a used vehicle under those rules.

I have enclosed for your information a general information sheet for manufacturers of new vehicles. This sheet highlights the relevant Federal statutes and regulations and explains how to obtain copies of them. I have also enclosed a brochure titled "Federal Motor Vehicle Safety Standards" that briefly describes each of the safety standards.

I hope this information is useful. If you have any further questions or need further information, please contact Dorothy Nakama of my staff at (202) 366-2992.