Interpretation ID: 1985-04.20

TYPE: INTERPRETATION-NHTSA

DATE: 11/13/85

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Douglas I. Greenhaus

TITLE: FMVSS INTERPRETATION

TEXT:

November 13, 1985 Douglas I. Greenhaus, Esq. National Automobile Dealers Association 8400 Westpark Drive McLean, VA 22102 Dear Mr. Greenhaus: This is in response to your letter of September 30, 1985, to Taylor Vinson of this office. You present the situation of a dealer who "installs a rear mounted luggage rack, and moves the manufacturer installed stop lamp in compliance with the standard". You have asked "Does the franchised new car dealer incur a certification obligation under the above scenario?" This is an interesting question, and one which we have not been asked before. An additional certification is required by "a person who alters a vehicle that has previously been certified" if the alteration is "other components such as mirrors or tires and rim assemblies...." (49 CFR 567.7) In this instance, the center high- mounted stop lamp is not a "readily attachable component" within the meaning of the examples given by the regulation, and therefore the dealer as "alterer" must attach his certification that the vehicle as altered continues to conform. The component in question is one which was covered by the vehicle manufacturer's certification and its continued presence and complying location and visibility must be maintained after its removal and reinstallation so that the National Traffic and Motor Vehicle Safety Act is not violated when the car is sold to its first purchaser. Sincerely, Original Signed By Erika Z. Jones Chief Counsel