Interpretation ID: 2872o
Engineer - Car Design
Busch Transportation Services
5901 State Route 15
Belleville, IL 62223
Dear Mr. Moore:
This responds to your letter requesting information concerning a step-van design. You indicated that you propose to attach a step-van to a truck chassis with a Gross Vehicle Weight Rating of 10,000 pounds, and sought information about applicable Federal requirements. Specifically, you asked which of the Federal motor vehicle safety standards would apply to the finished step-van, what other National Highway Traffic Safety Administration regulations would apply, and which of the safety standards require actual testing of a prototype. While I apologize for the delay in responding to your requests, I hope that the following information is useful to you.
First, by way of background, the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.) requires every new motor vehicle sold in the United States to be certified as complying with all applicable Federal motor vehicle safety standards. The Safety Act specifies that it is the manufacturer itself that must certify that each of its vehicles complies with all applicable safety standards in effect on the date of manufacturer. Because of this statutory requirement, this agency does not "approve" any manufacturer's vehicles or offer assurances that the vehicles comply with the safety standards.
In certifying compliance with the safety standards, the manufacturer must do so consistent with the agency's definitions of motor vehicle types, found in 571.3 of Title 49 of the Code of Federal Regulations. From the information in your letter, it appears that your vehicle would be classified as a truck. (Our regulations define "truck" as a "motor vehicle, with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment.") I am enclosing with this letter a table which lists each standard that applies to each basic vehicle type. From this list you should be able to determine which safety standards apply to your vehicle. In addition, I am enclosing a fact sheet for new manufacturers, which describes all pertinent areas of regulation of motor vehicles, as well as a booklet for complying with regulations on importing motor vehicles. While you are not importing vehicles, the booklet does contain summary statements for each of the standards, which may be helpful to you.
You indicate that you will be attaching a step-van to a truck chassis, and thus request information concerning your responsibilities as a final stage manufacturer. The agency's requirements for final stage manufacturers are set forth in Parts 567 and 568 of the agency's regulations. I have enclosed copies of both of these regulations. Briefly, these requirements can be explained as follows.
Under 568.6, a final stage manufacturer must complete the vehicle in such a manner that it conforms to all safety standards for the applicable vehicle type (in this case we presume a truck) in effect on a date no earlier than the manufacturing date of the incomplete vehicle (in this case, the chassis), and no later than the date of completion of the final-stage manufacture (in this case, the attachment of the body to the chassis). In addition, you must affix a label to the completed vehicle in accordance with the certification requirements set forth in 567.5, Requirements For Manufacturers of Vehicles Manufactured in Two or More Stages.
To reduce the certification burdens on final stage manufacturers, NHTSA has imposed some regulatory requirements on incomplete vehicle manufacturers. Under 568.4, an incomplete vehicle manufacturer must list by number each standard that applies to its vehicle at the time of manufacture, and make one of the following three statements for each standard:
1. That the vehicle when completed will conform to the standard if no alterations are made in identified components; 2. That if the vehicle is completed under specific conditions of final manufacture set out in the compliance document, it will conform to the standard; or 3. That conformity with the standards is not substantially affected by the incomplete vehicle design, and the incomplete vehicle manufacturer makes no representation as to conformity with the standard. (49 CFR 568.4(a)(7))
I would like to point out one circumstance that may affect your certification as final stage manufacturer and reliance on representations made by the incomplete manufacturer. It is possible that, in the course of your attaching the step-van to the truck chassis, you will change the Gross Vehicle Weight Rating (GVWR) of the vehicle. If this occurs, you much certify that the vehicle complies with all applicable Federal motor vehicle safety standards at this new GVWR. Some of the standards which are likely to be affected by an increase in the GVWR are Standard No. 105, Hydraulic Brake Systems, and Standard No. 120, Tire Selection and Rims for Vehicles Other than Passenger Cars.
With regard to your question about actual field testing, the agency does not require that a manufacturer's certification be based on a specified number of tests, or any tests at all. Instead, we only require that the manufacturer's certification be made with the exercise of due care, as specified in the Safety Act. It is up to the individual manufacturer in the first instance to determine what data, test results, or other information it needs to enable it to certify that its vehicles comply with the safety standards.
I hope the information in this letter is useful. If you have any further questions, please feel free to contact us.
Sincerely,
Erika Z. Jones Chief Counsel
Enclosures ref:567#568 d:5/l3/88