Interpretation ID: aiam0576
Administrative Engineer
Oshkosh Truck Corporation
P.O. Box 560
Oshkosh
WI 54901;
Dear Mr. Murley: This is in reply to your letter of December 16, 1971, concerning th responsibility for compliance with Standard No. 108 and with the Certification regulations for vehicles you manufacture to which snow plows are added. You present four hypothetical situations, listed below.; >>>1. 'Complete - the plow equipment is mounted at OTC and a complet truck is delivered to the dealer or customer.' Your interpretation that 'OTC must conform on all counts as the manufacturer of a complete vehicle sold to the first purchaser and certify a complete vehicle' is correct.; 2. 'Chassis only to OTC dealer - the dealer mounts the plow equipment The dealer may also be a dealer for the plow equipment or he may purchase same.'<<<; The answer depends on whether the chassis is a complete or incomplet vehicle under Parts 567 and 568. If the vehicle as you manufacture it is a complete vehicle, OTC must build the truck so that it conforms with Standard No. 108, and certify the vehicle in accordance with section 567.5. If the mounting of the snow plow by the dealer adversely affects conformity, and the dealer does not bring the vehicle back into conformity before sale, he will be violating Section 108(a)(1) of the National Traffic and Motor Vehicle Safety Act, and be subject to civil penalties and other sanctions as prescribed in sections 109 and 110 of the Act. He need not, however, certify the vehicle. Your certification will be sufficient.; If the vehicle as you manufacture it is an incomplete vehicle, OTC mus either forward to the dealer the appropriate documents specified in section 568.4, or assume legal responsibility for conformity and certification under the provisions of S 567.5(b) and S 568.7(a). In the first case, the dealer would be the final-stage manufacturer, and would be responsible for compliance with Standard No. 108 and the certification regulations. In the second, OTC would have the responsibility for the completed vehicle, and would not have to furnish the Part 568 document. Your own answer on page 2 of your letter is incorrect. The reference to 'purchasers' in S 108(b)(1) of the National Traffic and Motor Vehicle Safety Act is to purchases for the express reason of resale.; >>>3. 'Chassis only to OTC dealer - the plow manufacturer mounts th plow for the dealer. The dealer buys the plow equipment from the plow manufacturer. OTC may ship a chassis (incomplete) direct to the plow manufacturer or to the dealer who in turn ships to the plow dealer or manufacturer.'<<<; In this case the plow manufacturer would be in the same position as th dealer in question 2, and the answer would otherwise be similar.; >>>4. 'Complete - the plow equipment is mounted by the plo manufacturer. OTC sends an incomplete vehicle chassis to the plow manufacturer who mounts the plow equipment and ships the complete vehicle to the customer, usually an OTC dealer.'<<<; The answer to this question is also similar to the answer to questio 2. OTC is the incomplete manufacturer, and the plow manufacturer the final-stage manufacturer, and their responsibilities are as outlined above.; We regret that it was impossible for us to have this response for yo within the time you requested.; Sincerely, Richard B. Dyson, Assistant Chief Counsel