Interpretation ID: aiam1905
274 LaFayette Avenue
Hawthorne
NJ 07506;
Dear Mr. Tarta: This is in response to your letter of April 5, 1975, asking whethe your client is an 'alterer, intermediate manufacturer, or final manufacturer or all of the aforesaid.' You described several different types of operations your client performs.; Several distinctions must be drawn to answer the questions you hav asked. These are set forth in Parts 567 and 568 of Title 49 of the Code of Federal Regulations.; 1. An alterer differs from an intermediate manufacturer or a final stage manufacturer in that the alterer does his work on a completed, previously certified vehicle, while the other two categories work on incomplete vehicles. ('Incomplete vehicle' is defined in Part 568.); 2. An intermediate manufacturer differs from a final-stage manufacture in that the former does not complete the vehicle, while the latter does, and certifies it. An intermediate manufacturer typically adds axles, lengthens or reinforces frames, and/or extends air brake lines as necessary in conjunction with these operations. The final-stage manufacturer typically builds a body and mounts it on a chassis-cab, chassis- cowl, or bare chassis to make a truck, bus, or motor home. He also might add a fifth wheel to a chassis-cab to make a truck tractor.; 3. Repair and refinishing of existing bodies (*i.e.*, those already i use) normally do not bring a person into our regulatory scheme at all, since it generally applies to the manufacture of new vehicles. Under the 1974 Amendments to the Vehicle Safety Act, however, the rendering inoperative of devices or elements of design installed in conformity with a safety standard, even on a used vehicle, is prohibited.; 4. With respect to 'transferring bodies to and from new and use vehicles,' our interpretive rule generally has been that the chassis determines whether a vehicle is new or used. Thus, an old body put onto a new chassis constitutes a new vehicle for purposes of the standards and associated regulations (including certification), while a new body put onto a used chassis is considered a used vehicle (made at the time the chassis was completed).; 5. Alterers, intermediate manufacturers, and final-stage manufacturer share the characteristic of doing work that is more than the installation of readily attachable components or minor finishing operations, or work that alters the weight ratings of the vehicles. Other persons who do more minor operations (possibly 'installing grill guards' on your list would fit this description) are outside the direct regulatory scheme. Of course, any vehicle must end up certified by someone, and any manufacturers, dealers, distributors, or repair businesses (probably anyone except the owner, in practice) are under the ban against rendering mandated safety equipment inoperative.; With these distinctions in mind, you should be able to determine th application of the standards and regulations to your client. If after studying this and the regulations you still need help, please let me know.; Yours truly, Richard B. Dyson, Assistant Chief Counsel