Interpretation ID: 86-1.10

TYPE: INTERPRETATION-NHTSA

DATE: 01/24/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Robert Juckett -- Transglobal Industries, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Robert Juckett Transglobal Industries, Inc. P.O. Box 98 Whitehall, New York 12887

This responds to your letter of September 9, 1985, regarding the applicability of Standard No. 121 to a partially used and partially new trailer. You asked whether your customer, who plans to purchase a trailer frame, air tank, and air valve from you, is responsible for compliance with Safety Standard 121. Your customer plans to mount on his newly purchased frame his own used suspension, wheels, brakes and axles.

By way of background information, this agency does not give approvals of motor vehicles or equipment. The National Traffic and Motor Vehicle Safety Act places the responsibility on the manufacturer to ensure that its vehicles or equipment comply with applicable requirements. A manufacturer then certifies that its vehicles and equipment comply with all applicable standards. The following represents our opinion based on the facts provided in your letter.

If your customer intends to use the trailer which he is assembling for his own use, then he is not governed by the Federal motor vehicles safety standards. Section 108(a) of the National Traffic Motor Vehicle Safety Act of 1966 provides:

(a) No person shall:

(1) Manufacture for sale, sell or deliver for introduction into interstate commerce or import into the United States, any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this rule unless it is in conformity with such standard,

Section 102(5) of that Act defines "manufacturer" as "any person engaged in the manufacturing or assembling of motor vehicles...for resale." Your customer is not covered by the Federal motor vehicle safety standards unless he is assembling the vehicle you mention for sale.

In the event that your customer is a manufacturer within the meaning of the Act, he may still be excepted from the requirements of Standard No. 121. You noted that your customer will mount a new trailer frame, air tank and air valve on his own used suspension, wheels, brakes and axles. 49 CFR Part 571.7(f) excludes from Standard No. 121 partly new and partly used trailers when the trailer running gear assembly (axle(s), wheels, braking and suspension) is not new and was taken from an existing trailer. In addition, the reassembled vehicle must use the same vehicle identification number as the original trailer and the original trailer must be owned or leased by the user of the reassembled vehicle.

If you have any further questions, please let me know.

Sincerely,

Erika Z. Jones

Chief Counsel

09-09-85

Mr. Jeffery Miller Office of Chief Council N.H.T.S.A. 400 - 7th Street. S.W. Washington, D.C. 20590

Dear Mr. Miller,

We are a new trailer manufacturer and have a question reguarding F.M.V.S.S. 121. I recently spoke to Mr. Edward Glancy of your office and he suggested writing.

We have a customer requesting to purchase a trailer frame, air tank, and air valve from us. He has told us that he is going to mount his own old suspension, wheels, brakes, and axles on this frame.

Please inform me if my interpretation is correct.

As the owner is using his existing undercarriage, he is responsible for any F.M.V.S.S. 121 compliance, as with using his existing undercarriage the trailer retains its original Vehicle Identification Number.

Thank you for your assistance.

Sincerely yours.

Robert Juckett Engineering