ID: 2840yy

Mr. Samuel Yk Lau
Kenwo Industries Ltd.
Unit 20, 10/F, Block A,
Hi-Tech Ind. Center,
5 Pak Tin Par Street, Tsuen Wan
Hong Kong

Dear Mr. Lau:

This is in reply to your letter of January 24, 1991, asking the agency for an opinion with respect to an "additional brake lamp" that you manufacture and intend to export to the United States. You ask "if there are any regulations, standards, or approval for this kind of product", and, further, "does this product need to have any certificate or approval before it can be sold or installed?"

Federal Motor Vehicle Safety Standard No. l08, Lamps, Reflective Devices, and Associated Equipment, has required the additional stop lamp on all passenger cars manufactured on and after September 1, l985. The Standard specifies performance and minimum lens area requirements for the lamp, and these requirements must be met by any lamp that is used as original equipment on passenger cars, and by any lamp that is intended to replace a lamp orignally installed on a car manufactured on and after September 1, l985. If the lamp is intended as replacement equipment, its manufacturer must provide certification to the distributor or dealer of the lamp that the lamp meets Standard No. l08. For lighting equipment this certification may be in the form of a DOT symbol on the product, or a written statement on the packaging that the lamp meets all applicable Federal motor vehicle safety standards, or such other written certification as the lamp manufacturer may choose (e.g., an invoice). In addition, the lamp manufacturer must file an Identification Statement with the agency, and a foreign manufacturer must designate an agent in the United States upon which the agency may serve legal process should that be required. However, there is no requirement that a manufacturer obtain approval from the agency before exporting its certified product to the United States and selling it here.

However, Standard No. l08 does not apply to an additional stop lamp that is intended for use in a passenger car manufactured before September 1, l985, and there is no requirement that it be certified as meeting Standard No. l08. Under this circumstance, we advise that the packaging for any such lamp should clearly state that it is not intended to replace an original equipment center lamp so that legal questions regarding its conformity with Federal requirements do not arise. Even though the lamp is not subject to Standard No. l08, its foreign manufacturer must designate an agent in the United States, as mentioned in the previous paragraph.

An additional stop lamp for passenger cars manufactured before September 1, l985, is also subject to the laws of the individual States in which the lamp is sold and used. We are unable to advise you on these laws, and suggest that you write for an opinion to the American Association of MOtor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203, USA.

We enclose a copy of Standard No. l08 and of the SAE standard on supplementary stop lamps that is incorporated by reference. We are also enclosing copies of the Manufacturer Identification and Designation of Agent regulations, and of other materials that our Office of Vehicle Safety Compliance provides in response to inquiries of this nature. Questions on these materials should be addressed to that Office.

Sincerely,

Paul Jackson Rice Chief Counsel

Enclosures

ref:556#551#l08 d:2/22/9l

ID: 2841o

The Honorable Terry L. Bruce
House of Representatives
Washington, D.C. 20515

Dear Mr. Bruce:

I have been asked to respond to the letter which you wrote, on behalf of Mid America Design, Inc., to Mr. Daniel C. Holland, the District Director for the United States Customs Service in Seattle, Washington. That company attempted to import a shipment of "spinner hubcaps" from Taiwan. These hubcaps were seized by the U.S. Customs Service for failing to conform with the requirements of Federal Motor Vehicle Safety Standard No. 211, Wheel Nuts, Wheel Discs, and Hubcaps (49 CFR 571.211). In your letter to Mr. Holland, you asked to be furnished with an official statement that "spinner hubcaps" do not comply with Standard No. 211, and asked why these imported "spinner hubcaps" are treated differently from those currently available in this country. I am pleased to have this opportunity to explain our regulations to you.

I have enclosed copies of my May 13, 1987 letter to the Honorable William E. Dannemeyer and my November 13, 1987 letter to Mr. William J. Maloney. In these letters, I reaffirmed our interpretations from the past 20 years stating that spinner hub caps do not comply with the requirements of Standard No. 211, and have not complied with that Standard since it became effective on January 1, 1968. Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act [15 U.S.C. 1397(a)(1)(A)] makes it illegal to "manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States" any hub caps that do not comply with Standard No. 211 (Emphasis added). Therefore, the U.S. Customs Service was enforcing the law properly when it seized the spinner hubcaps Mid America sought to import.

You also stated in your letter that spinner hubcaps are currently available in the United States, and enclosed some advertisements offering spinner hubcaps for sale. I would like to thank you for bringing this matter to our attention. We have referred this information to our enforcement staff for appropriate action.

I hope this information is helpful. If you have any further questions or need more information, please do not hesitate to contact me.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosures

ref:211 d:3/16/88

ID: 2841yy

Mr. S.V. Kaaria
70 E. Heather #3
Midvale, UT 84047

Dear Mr. Kaaria:

Our Denver Regional Office has forwarded your letter of January 3, l99l, to this Office for reply. You are "the designer of the taillights placed near the rear window of passenger cars." In attempting to negotiate a settlement with vehicle manufacturers, you have been informed that because "elevated brake lights" are required by our agency, the government "should negotiate with me for l% of replacement cost of these taillights." You have asked that we clarify our position in this matter.

Federal Motor Vehicle Safety Standard No. l08 requires that every passenger car manufactured on or after September 1, l985, be equipped with a high-mounted stop lamp, mounted on the rear vertical centerline of the vehicle. The only requirement relating to design is that the lens have an effective projected luminous lens area of not less than 4 1/2 square inches, but the standard does not specify the shape of the lens. Within these parameters, manufacturers have located their lamps both inside and outside of the car, from the roof to the deck, and have equipped them with circular and rectangular lenses of varying sizes. Our standards are generally expressed in performance terms so that manufacturers have the freedom to design their vehicles in the manner most suited to them to meet the performance requirements, and so that a specification that appears to favor a proprietary device (e.g., mandating a specific design solution to a standard's requirements) is avoided.

Because of the latitude in design that Standard No. l08 affords, we do not regard the lamp as having any single inventor or designer. While it is possible that you have designed a lamp with some proprietary elements, your search for recovery is properly directed towards lamp and vehicle manufacturers. You have been ill-advised to seek recovery from the government, for you have no legal basis to do so.

Sincerely,

Paul Jackson Rice Chief Counsel ref:l08 d:2/ll/9l

ID: 2842o

Morris East, Assistant Director
Bureau of School Transportation
State of Louisiana
P.O. Box 94064
Baton Rouge, LA 70804-9064

Dear Mr. East:

This letter responds to your request for an interpretation of certain Federal motor vehicle safety standards that apply to school buses. I apologize for the delay in this response. In your letter, you state that one of your local school systems intends to remove a bus body from "an existing chassis, and place that body onto a new chassis." You state further that the system's school bus maintenance shop would perform the work. You ask a number of questions which I shall answer in order. My answers assume that, at a minimum, the engine, drive axles, and transmission of the new chassis are new components.

Question 1: Is it permissible under the (Vehicle Safety Act as amended) for a local school board to remove the body from one school bus chassis and place that body on another school bus chassis?

The answer to this question is "yes." The Act does not prohibit a vehicle owner from altering, modifying, or manufacturing a vehicle; nor has NHTSA established such a prohibition in its regulations.

Question 2: Would this action (in Question 1) violate bus body integrity requirements of Federal Motor Vehicle Safety Standards (FMVSS) (specifically FMVSS 208, 220, 221)?

The act of removing a school bus body from one chassis and placing that body on a different chassis does not violate any Federal safety standard. However, when a person uses a new body and mixed new and used chassis components in refurbishing a vehicle, the question arises whether the vehicle is new. In past interpretations, NHTSA has applied 571.7(e) to school buses that combine a new body and either (1) mixed new and used chassis components, or (2) used chassis components from different vehicles. If a school bus is considered "new" under the criteria set out in this provision, then the person who refurbishes the vehicle must certify that the school bus meets all applicable safety standards in effect on the date the chassis was manufactured - including Standards 208, 220, and 221 if they apply - and affix a certification label under 49 CFR Part 567.

On the other hand, if an old bus body is placed on a chassis that is completely new, a different provision applies. In this case, the chassis is an incomplete vehicle. "Incomplete vehicle" is defined in 49 CFR 568.3 as:

an assemblage consisting, as a minimum, of a frame and chassis structure, power train, steering system, suspension system, and braking system, to the extent that those systems are to be part of the completed vehicle, that requires further manufacturing operations, other than the addition of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, to become a completed vehicle.

When a new bus chassis meets this description, a subsequent person who adds a body- even an old body- is a final-stage manufacturer, and must certify the completed vehicle as conforming to all applicable Federal Motor Vehicle Safety Standards as of a date no earlier than the manufacturing date of the incomplete vehicle (the new chassis). (49 CFR 567.5, Requirements for Manufacturers of Vehicles Manufactured in Two or More Stages.)

Neither 571.7(e) nor Part 568 would require a person to recertify a school bus when the body and all other vehicle components are not new.

Question 3: If permitted, can the work described in (Question) 1. above be performed in the school board's maintenance shop? Can it be contracted to an automobile dealer capable of performing such work? Can the work be contracted to other motor vehicle repair shops such as body dealers or private motor vehicle repair shops?

The answer to each of these statements is "yes." Remember, though, that if the refurbished buses are considered new under the criteria discussed in Question 2, they must meet all applicable school bus safety standards in effect on the date of manufacture, and a certification label must be affixed to each refurbished vehicle to that effect.

If the refurbished buses are not "new" under these same criteria, then there is no obligation to recertify the vehicles. However, if a manufacturer, dealer, distributor, or motor vehicle repair business works on your buses, then there is restriction on what these commercial businesses can do - even if the vehicle is used. Section 108(a)(2)(A) of the Vehicle Safety Act prohibits these persons from "knowingly rendering inoperative" any device or element of design incorporated into the vehicle in compliance with an applicable Federal safety standard. Note that this restriction does not apply when the vehicle owner (e.g., a local school system) makes a modification, or if a repair facility that does not hold itself out to the public as being in the business of motor vehicle repair (e.g.. a maintenance shop that works only for the school board) makes the modification. Question 4: If the changeover is allowed, must the new unit (new chassis with used body) be re-certified to meet FMVSS requirements? If it must be re-certified, who may provide the inspection and re-certification?

As I stated in my answers to Questions 2 and 3, under certain circumstances, the vehicle must be recertified by the refurbisher. The refurbisher is responsible for the vehicle's compliance status just as any vehicle manufacturer, and must be able to show that he exercised due care in certifying the vehicle. The agency examines issues of due care on a case-by-case basis evaluating all relevant facts. This evaluation would include assessing technological limitations, availability of test equipment, the market position of the manufacturer, and most importantly, the degree of manufacturer diligence.

I hope you find this information helpful.

Sincerely,

Erika Z. Jones Chief Counsel

ref:VSA#567#568#571 d:3/16/88

ID: 2843o

Mr. M. Iwase
Technical Administration Dept.
Koito Mfg. Co. Ltd.
Shizuoka Works
500, Kitawaki
Shimuzi--shi, Shizuoka-ken
JAPAN

Dear Mr. Iwase:

This is in reply to your letter of January 25, 1988, with respect to photometric values for stop lamps and taillamps on motorcycles, and the spacing required between them and turn signal lamps.

You have asked two questions with respect to two types of motorcycle rear lighting devices, which you call "Structure l" and "Structure 2". Although a single lamp located on the vertical centerline may be used to fulfill rear lighting requirements on motorcycles, each of your Structures features two bulbs, symmetrically placed on each side of the vertical centerline. Each Structure is a single lighting device, featuring a turn signal bulb at each extremity. In Structure l a chamber containing a tail/stop lamp bulb is directly inboard of the chamber containing a turn signal bulb. The two chambers on each side are separated by a central portion of the device which is decorative in nature. Unlike Structure l, Structure 2 is a three-chamber device, with separate chambers at each end for the turn signal bulbs, and a central chamber incorporating two tail/stop lamp bulbs.

With respect to each Structure and Motor Vehicle Safety Standard No. 108 you have asked:

"(a) When tail & stop lamp on either side is lighted individually, it shall be satisfied with the photometric values of lighted section '1' which are specified in Figure 11b of S4.1.1.11.

(b) When tail & stop lamp on both sides are lighted together, it shall be satisfied with the photometric values of lighted section '2' which are specified in figure 1b of S4.1.1.11."

Figure lb specifies the minimum and maximum allowable candlepower values for lighting devices with one, two, and three lighted sections. However, the number of lighted sections is calculated with respect to each lamp, not the total number of lighted sections used for a specific purpose, or lit at a given time. We consider Structure 1 to comprise two separate tail/stop lamps, each consisting of a single chamber. Similarly, Structure 2 incorporates a single tail/stop lamp consisting of a single chamber in which two bulbs are used. Therefore, for both Structures and for both (a) and (b) the lamp should be designed so that the single chambers meet the photometric values for single compartment lamps.

Your second question for each Structure is whether the specified minimum edge to edge separation distance between turn signals and tail/stop lamps is required. The answer is yes, and the separation distance you have depicted in your drawings appears to comply with this requirement.

Sincerely,

Erika Z. Jones Chief Counsel

ref:108 3/16/88

ID: 2844o

Oral Interpretation of Standard No. l08:
Optical Combination

Z. Taylor Vinson Senior Staff Attorney

Interpretations Files

Recently a lamp manufacturer phoned to ask whether a replacement lighting device it had developed for installation on trucks and trailers in use would be allowable under Standard No. l08.

The lamp as described is an amber-lensed wrap-around lamp incorporating a clearance lamp to the front and a marker lamp to the side, with one bulb for each function. I replied that the prohibition in S4.4. applicable to clearance lamps forbade their combination only with identification lamps and stop lamps, and that if his combination lamp met photometric and mounting requirements applicable to each function, it appeared to be permissible under Standard No. l08.

# ref:108 d:4/6/88

ID: 2845o

Mr. Takashi Ohdaira
Isuzu Motors America, Inc.
21415 Civic Center Drive
Southfield, MI 48076-3969

Dear Mr. Ohdaira:

This responds to your December 16, 1987 letter asking several questions about the applicability of Federal Motor Vehicle Safety Standard No. 207, Seating Systems, to "swivel type front seats" installed in new compact passenger vans. I regret the delay in responding. Swivel seats are not prohibited by Standard No. 207. However, under Standard No. 208, Occupant Crash Protection, a front outboard swivel seat must have lap and upper torso restraints that fit the occupant of the seat in any position in which the seat would be occupied while the vehicle is in motion, including the rearward facing position.

Your letter explains that Isuzu is interested in manufacturing some of its vehicles with swivel seats for the driver and front outboard passenger. The seats can be rotated in any direction and self-locked into either a forward-facing or a rearward-facing direction. A release control is provided allowing the seat to be rotated into a new position. You state that Isuzu tentatively plans to install lap and upper torso belt assemblies with emergency-locking retractors that "meet the requirements applicable to a forward-facing front seat" since the capability of the seats to face rearward is "just a secondary function."

You first ask for confirmation of your understanding that Standard No. 207 does not prohibit the installation of front outboard swivel seats. Your understanding is correct. Our standards do not require seats on vehicles other than large school buses to be forward-facing and thus do not thereby expressly prohibit installation of swivel seats.

Your letter raises the issue of whether the swivel seat installed at the front outboard passenger seating position must comply with the requirements of Standard No. 208 and thus provide lap and upper torso restraints only for the forward-facing position (as opposed to what you term the "secondary" or rearward position). Paragraph S7.1.1 of Standard No. 208 states, in pertinent part:

. . . [T]he lap belt of any seat belt assembly furnished in accordance with S4.1.1 and S4.1.2 shall adjust by means of an emergency-locking or automatic-locking retractor that conforms to 571.209 to fit persons whose dimensions range from those of a 50th-percentile 6-year-old child to those of a 95th-percentile adult male and the upper torso restraint shall adjust by means of an emergency-locking retractor or a manual adjusting device that conforms to 571.209 to fit persons whose dimensions range from those of a 5th-percentile adult female to those of a 95th-percentile adult male, with the seat in any position and the seat back in the manufacturer's nominal design riding position. . . . (Emphasis added.)

The quoted reference to seat "position" in the excerpt from S7.1.1 is not limited to the positions along the vehicle longitudinal centerline to which a seat can be adjusted while forward-facing. We interpret the term as referring also to seat orientation, including the rearward-facing position or any other direction the seat is capable of facing, provided that the seat can be placed in those positions while the vehicle is in motion. Thus, we believe that a front outboard swivel seat must have lap and upper torso restraints that fit the occupant of the seat while the seat is in any position in which it can be occupied while the vehicle is in motion. Starting September 1, 1991, light trucks and multipurpose passenger vehicles with manual safety belts for the driver and front seat passenger seating position will have to meet the requirements of Standard No. 208 in a dynamic crash test. A front outboard swivel seat would have to comply with those requirements with the seat in any position in which it can be occupied while the vehicle is in motion.

We have limited our interpretation to positions in which a seat may be occupied while the vehicle is in motion for the following reasons. The purpose of requiring a seat belt assembly to meet the adjustment requirements of Standard No. 208 with the seat in any position is to ensure that adequate occupant crash protection would be provided to the occupant of the seat regardless of the position he or she chooses for the seat. However, the safety goal of ensuring adequate crash protection for vehicle occupants relates only to positions in which a seat may be occupied when a vehicle is involved in a crash, i.e., the positions in which a seat may be occupied while a vehicle is in motion. If the swivel seat you plan to install for the front outboard seating position can only be used in its forward-facing position while the vehicle is in motion, then it need meet Standard No. 208's requirements only at forward facing positions and need not conform with the standard's requirements at positions facing in other directions.

In your letter, you suggested two possible ways to limit the rearward-facing capabilities of a front outboard swivel seat. First, you suggested that the vehicle could be manufactured with an interlock system that would prevent the vehicle from starting unless the front passenger seat faces forward. In our opinion, this system would not sufficiently ensure that the swivel seat would be used only in its forward-facing position while the vehicle is in motion. An occupant of the seat could swivel his or her seat once the vehicle has started and could thus face rearward without the benefit of lap and upper torso restraints.

Your second suggestion was to manufacture the vehicle such that the front passenger seat could swivel rearward only when the driver seat rotated rearward or when the vehicle was "in park." This would prevent the passenger's seat from facing in any direction other than forward while the vehicle was in motion since the driver must face forward to operate the vehicle. We believe that this alternative could satisfactorily ensure that the front outboard passenger seating position could not face in any direction other than forward while the vehicle is in motion.

In addition to the requirements discussed above, we note also that Standard No. 210, Seat Belt Assembly Anchorages, would require the front outboard swivel seat to have seat belt anchorages for a Type II seat belt assembly. The anchorages would have to meet the standard's strength requirements (S4.2), and those for their location (S4.3) provided that the safety belt will not be dynamically tested pursuant to Standard No. 208's requirements. Anchorages for a front outboard swivel seat that can be occupied in its rearward facing position while the vehicle is in motion could be tested to the requirements of S4.2 by the agency with the seat in either the forward or rearward facing position.

I hope this information is helpful. Please contact us if you have any questions.

Sincerely,

Erika Z. Jones Chief Counsel

ref:207#208#210 d:4/8/88

ID: 2846o

Mr. Gary Hackett
State of Nevada Taxi Cab Authority
Suite 200
1785 E. Square
Las Vegas, NV 89155

Dear Mr. Hackett:

This is in further response to your March 28, 1988, telephone conversation with Mr. Steve Wood of my staff in which you asked for an interpretation of Federal Motor Vehicle Safety Standard No. 206, Door Locks and Door Retention Components. Your specific question asked whether Standard No. 206 requires door handles on rear doors of motor vehicles. The answer to your question is no.

The agency addressed the question you raise in a May 10, 1974, letter to Mr. Charles Murphy who asked whether manufacturers selling vehicles to the City of Philadelphia can remove the door handles from the vehicles' rear doors. In response, the agency interpreted Standard No. 206 as not requiring an inside rear door handle. The National Highway Traffic Safety Administration stated that the standard's requirements that each passenger car rear door must have a locking mechanism that is operable from within the vehicle and that, when engaged, renders the outside and inside door handles inoperative (S4.1.3) specify the performance required of door locking mechanisms only. The agency thus indicated that the standard sets no requirements for inside rear door handles.

I have enclosed a copy of the Murphy letter for your information. Please feel free to contact my office if you have further questions.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosure ref:206 d:4/11/88

ID: 2847o

AIR MAIL

Dipl.-Ing. F. Vapenicek Chief of Machinery Plant Nova Hut Klementa Gottwalda n. p., 707 02 Ostrava 7 CZECHOSLOVAKIA

Dear Mr. Vapenicek:

This responds to your letter concerning Federal Motor Vehicle Safety Standard No. l20, Tire Selection and Rims for Motor Vehicles Other than Passenger Cars. You stated that the dimensions of your rims comply with dimensional specifications of the European Tyre and Rim Technical Organisation. You asked whether disc wheels provided with certain information can be regarded as complying with the requirements of U.S. standards. Your question is responded to below.

By way of background information, the National Highway Traffic Safety Administration does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its motor vehicles or equipment comply with applicable requirements. The following represents our opinion based on the facts provided in your letter.

You provided the following example of your disc wheel marking on the attachment face of the disc:

(b) 8,0-20

(c) DOT-E

(d) symbol of the manufacturer

(e) 6 87

You stated that the information listed in (b) and (d) also appears on every part of your multipiece rim and that height and depth of the marking meets the requirements of S5.2 of Standard No. l20. Section S5.2 states:

. . . each rim or, at the option of the manufacturer in the case of a singlepiece wheel, wheel disc shall be marked with the information listed in paragraphs (a) through (e) of this paragraph . . . . The information listed in paragraphs (a) through (c) of this paragraph shall appear on the weather side. In the case of rims of multipiece construction, the information listed in paragraphs (a) through (e) of this paragraph shall appear on the rim base and the information listed in paragraphs (b) and (d) of this paragraph shall also appear on each other part of the rim.

Your letter indicates that you plan to place your disc wheel marking "on the attachment face of disc." While it is not clear what you mean by the term attachment face of disc, I would like to note several requirements specified by section S5.2 for marking location. First, the marking must be placed on the rim, except that for singlepiece wheels manufacturers have the option of placing the marking on the wheel disc. Thus, assuming that your rim is a multipiece rim, the marking must be placed on the rim rather than the disc. Second, the information listed in paragraphs (a) through (c) must be placed on the weather side. Section S4 provides a definition for the "weather side" of a rim. Third, for multipiece rims, the information listed in paragraphs (a) through (e) must appear on the rim base, and the information listed in paragraphs (b) and (d) must also appear on each other part of the rim. Section S4 provides a definition for "rim base."

Your sample disc wheel marking links by a hyphen the symbol "DOT" required by S5.2(c) and the designation "E" required by S5.2(a). The symbol DOT constitutes a certification by the manufacturer of the rim that the rim complies with all applicable motor vehicle safety standards, while the designation E indicates the source of the rim's published nominal dimensions, i.e., in your case, the European Tyre and Rim Technical Organisation. While NHTSA expects the information provided in paragraphs (a), (b), and (c) to be grouped together, we do not recommend linking "DOT" and "E" by a hyphen. These symbols provide two different types of information, and the inclusion of a hyphen could cause confusion.

The information required by S5.2(b) is "(t)he rim size designation, and in the case of multipiece rims, the rim type designation. For example: 20 x 5.50, or 20 x 5.5." Your sample disc wheel marking is 8,0-20. I note first that the rim size designation (defined in S4 as "rim diameter and width") should use the symbol "x" between the width and diameter, as indicated by S5.2(b)'s example. Moreover, for multipiece rims, S5.2(b) requires both the rim size designation and the rim type designation. S4 defines the term "rim type designation" as "the industry or manufacturer's designation for a rim by style or code." If your disc wheel is a multipiece rim, the disc wheel marking should include the rim type designation.

S5.2(c) requires a designation that identifies the manufacturer of the rim by name, trademark, or symbol. Your letter indicates that you plan to use a symbol. I note that, as discussed in an interpretation letter dated February l7, l986 (copy enclosed), 49 CFR Part 55l requires rim manufacturers to designate a permanent resident of the United States as the manufacturer's agent for service of process in this country. Among other things, the designation of agent must contain information concerning marks, trade names, or other designations of origin of any of the manufacturer's wheels and rims that do not bear its name.

The information in your sample disc wheel marking under (e) is consistent with one of the examples provided in S5.2(e) to indicate the month and year of manufacturer.

Sincerely,

Erika Z. Jones Chief Counsel

ref:120 d.4/13/88

ID: 2848o

Mr. Parnell Webb
General Manager
River Road Dodge
Rt.3
Ripley, TN 38063

Dear Mr. Webb:

This responds to your letter asking whether the original equipment bed on a half-ton pick-up truck can be taken off and replaced by a local government with a utility body and/or bed. I apologize for the delay in responding. The answer to your question is different, depending on the specific facts of the situation.

By way of background, the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.) prohibits the sale or introduction into interstate commerce of any new vehicle or item of motor vehicle equipment that does not conform to all applicable Federal motor vehicle safety standards. The Safety Act authorizes NHTSA to issue these safety standards (found in 49 CFR Chapter V), and each manufacturer is required to certify that its product(s) meet all applicable safety standards. It is not clear from your letter whether your dealership is proposing to make the modifications for the local government agency or whether the local government agency will itself perform the modifications.

The local government agency can perform whatever modifications it desires to its own vehicles without violating any Federal laws or regulations. This is because neither the Safety Act nor any of our standards and regulations apply to modifications individual vehicle owners make to their own vehicles.

However, if your dealership were to make these modifications, you would be responsible for complying with various provisions of the Safety Act and applicable regulations. The provisions with which you would have to comply would depend on whether you modify the vehicle before it is sold for the first time to the consumer (a new vehicle), or if you make the modifications after it has been sold for the first time to a consumer (a used vehicle). I will address each of these situations separately.

If your dealership intends to perform the described modifications to new vehicles, you would be subject to the following requirements. Section 108(a)(1)(A) of the Safety Act prohibits the sale of any new vehicle that does not comply with all applicable safety standards. This means that any vehicle that is modified before being sold for the first time to a consumer must continue to comply with all applicable safety standards after its modifications. In addition to these statutory considerations for modifiers, this agency's certification regulations, set forth in 49 CFR Part 567, apply to any person who changes previously certified vehicles by means other than the addition, substitution, or removal of readily attachable components or minor finishing operations or in such a manner that the weight ratings assigned to the vehicle are no longer valid. Such a person is considered an "alterer" for the purposes of Part 567 (copy enclosed). We consider the removal of a pickup bed and replacement with a utility body and/or bed to be something more than the substitution of readily attachable components or minor finishing operations. Therefore, a person making such a substitution on a new vehicle would be an alterer under Part 567.

In this case, 567.7 requires that:

(1) The alterer supplement the existing manufacturer certification label by affixing an additional label stating that the vehicle as altered conforms to all applicable Federal motor vehicle safety standards as well as stating the firm or individual name of the alterer and the month and the year in which the alterations were completed (see 567.7(a)); (2) The modified values for the vehicle be provided as specified in 567.4(g)(3) and (5), if the gross vehicle weight ratings or any of the gross axle weight ratings of the vehicle as altered are different from those shown on the original certification label (see 567.7(b)); and (3) The type classification be provided, if the vehicle as altered has a different type of classification from that shown on the original certification.

In addition to these certification requirements, an alterer is considered a "manufacturer" for the purposes of notification and remedy of defects or noncompliances under the Safety Act and is subject to the requirements of 49 CFR Part 573, Defect and Noncompliance Reports.

On the other hand, if your dealership proposes to modify used vehicles (already purchased by the consumer), different requirements would apply. Specifically, section 108(a)(2)(A) of the Safety Act prohibits any manufacturer, distributor, dealer or motor vehicle repair business from "knowingly rendering inoperative" any equipment or element of design installed on a vehicle in compliance with our safety standards. In other words, no manufacturer, dealer, distributor, or repair business can modify used vehicles by removing or defeating any of the systems or devices that were installed on the vehicle to comply with an applicable safety standard. The modifier in the first instance must determine if the modifications constitute a prohibited "rendering inoperative" violation. However, the agency can reexamine the modifier's determination in the context of an enforcement proceeding. Part 567 does not require modifiers of used vehicles to provide a separate certification label for the modified vehicle.

To help you determine which standards may apply to the modified vehicles and whether the proposed modifications would result in a prohibited "rendering inoperative" violation, I am enclosing a publication entitled "Federal Vehicle Safety Standards and Procedures." This pamphlet indicates which standards apply to which vehicle types. I am also enclosing a general information sheet for new manufacturers that gives a general description of the applicable regulations, and explains how to get copies of those regulations. I hope this information proves helpful. Please contact this agency again if we can be of further assistance.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosures

ref:VSA#567 d:4/15/88