Interpretation ID: 77-4.50

TYPE: INTERPRETATION-NHTSA

DATE: 12/12/77

FROM: AUTHOR UNAVAILABLE; Joseph J. Levin Jr.; NHTSA

TO: Anders-Barton Automotive Design

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your letter asking whether your modifications of Toyota pickup trucks comply with the requirements of the National Highway Traffic Safety Administration (NHTSA).

The NHTSA requires that a person who modifies a vehicle attach a label to the vehicle indicating that, as modified, the vehicle continues to comply with all safety standards (49 CFR Part 567. Certification). From your letter, it appears that you are in compliance with this requirement. You should note further that section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.) prohibits a manufacturer, distributor, dealer, or motor vehicle repair business from rendering inoperative any device or element of design installed in a motor vehicle or an item of motor vehicle equipment in compliance with a Federal safety standard. In the case of a vehicle which is being converted from one vehicle type to another (e.g., a sedan to a convertible), modification of safety systems would not violate section 108 as long as the modified systems complied with the standards that would have been applicable to the vehicle had it been originally manufactured as the vehicle type to which it is being converted.

As long as you ensure that the vehicle continues to comply with all of the standards applicable to it and you do not render inoperative any safety device or element of design, you would appear to be in compliance with the agency's requirements. You should note that the waiver signed by your customers would not remove your responsibility for any defects or noncompliances with our standards.