Interpretation ID: 7544
Waste Processing Equipment, Inc.
160 Dilbeck Road
P.O. Box 1047
Rainsville, AL 35986
Dear Mr. Traylor:
This responds to your letter of July 14, 1992, concerning certification of the trucks you are constructing on WCA Series Volvo GMC Class 8 truck chassis. As I understand it, you are planning to install your own coach body on the standard chassis purchased from Volvo.
I am pleased to have this opportunity to explain our regulations to you. Some background information on Federal motor vehicle safety laws and regulations may be helpful. As you are aware, the National Highway Traffic Safety Administration (NHTSA) is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381, et seq., "the Safety Act") to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we "certify" individual manufacturers. Instead, the Safety Act establishes a "self- certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. In addition, each manufacturer is required to notify NHTSA of the types of vehicles it is constructing.
Waste Processing Equipment, Inc. is considered a final-stage manufacturer under 49 CFR 568.3 because it "performs such manufacturing operations on an incomplete vehicle that it becomes a completed vehicle." In other words, when your company purchases a standard chassis from Volvo, i.e., an incomplete vehicle, it upgrades the chassis to a completed vehicle, i.e., one which requires no further manufacturing operations to perform its intended function (other than adding readily attachable parts such as mirrors or minor operations such as painting).
As a final-stage manufacturer, under 49 CFR 568.6, Waste Processing Equipment must complete each vehicle in such a manner that it conforms to all relevant federal standards, and then must affix a label to the vehicle according to the requirements of 49 CFR 567.5. Your precise certification responsibilities would be dependent on the information provided by the manufacturer of the incomplete vehicle. Under 49 CFR Part 568, the incomplete vehicle manufacturer must furnish your company with a document which states one of the following three things concerning the incomplete vehicle:
1. The vehicle when completed will conform to some or all of the applicable safety standards if no alterations are made to any identified components of the incomplete vehicle;
2. The vehicle when completed will conform to some or all of the applicable safety standards if specific conditions are followed by the final-stage manufacturer; or
3. Conformity with some or all of the applicable safety standards is not substantially affected by the design of the incomplete vehicle, so the incomplete vehicle manufacturer makes no representation as to conformity with the standards.
I have enclosed sections 567 and 568 for your convenience.
This means that, if your company completes these vehicles in accordance with the specifications Volvo GMC furnishes with the chassis, your certification of the completed vehicle may be based entirely upon Volvo GMC's specifications. However, if the Volvo GMC chassis does not include specifications for all safety standards or if your company chooses to complete the vehicle outside of the specifications provided by Volvo GMC, your company would be responsible for the certification of the completed vehicle. Accordingly, you should review the Volvo GMC specifications to see if you can complete the vehicle in accordance with those specifications.
As a general matter, final-stage manufacturers are also responsible for notification and remedy of defects related to motor vehicle safety and items not in compliance with applicable Federal motor vehicle safety standards, as specified in the Safety Act (15 U.S.C. 1411-1420), and are subject to the requirements of 49 CFR Part 573, Defect and Noncompliance Reports. In addition, each manufacturer is responsible for furnishing to NHTSA information regarding vehicles they manufacture under 49 CFR Part 566, a copy of which is enclosed.
I am also enclosing a general information sheet for manufacturers of new vehicles. This sheet highlights the relevant Federal statutes and regulations and explains how to obtain copies of the regulations.
I hope this information is helpful. If you have any further questions, please contact David Elias of my staff at this address or by telephone at (202) 366-2992.
Sincerely,
Paul Jackson Rice Chief Counsel
Enclosures ref:567 d:9/4/92