Interpretation ID: 86-3.27

TYPE: INTERPRETATION-NHTSA

DATE: 05/17/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Jon F. Gasper

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Jon F. Gasper Box 13 Fairbury, NE 68352

Dear Mr. Gasper:

This is in reply to Your letter of January 21, 1986, to the Office of Standards Enforcement of this agency with respect to the applicability of Federal regulations to "a kit car, especially a turn key unit".

For purposes of discussion, I shall assume that a "turn key" kit car is one that is assembled by the kit car supplier before its sale or delivery, even though it may also be available in kit form. If a person is manufacturing or supplying all parts necessary to produce a completed motor vehicle, and all those parts are newly fabricated, that motor vehicle must comply upon assembly with all Federal motor vehicle safety standards that apply to its vehicle type (e.g. passenger car, truck). In this situation, the kit supplier is regarded as the "manufacturer" responsible for compliance, and for attaching a certification label to the vehicle attesting to its compliance. If final assembly is performed by a person other than the kit supplier, the supplier nonetheless under agency interpretations must provide a certification label in the kit, and instructions sufficient to inform the assembler what must be done so that the vehicle conforms to Federal requirements when it is assembled.

If the "turn key" kit car is assembled using the chassis of a motor vehicle previously in use, and which is likely to retain its original title, then it is regarded as a "used vehicle". A familiar example of this type of vehicle is one comprising a new body placed upon the chassis of a Volkswagen Beetle. If the chassis has been purchased without the body, no Federal motor vehicle safety standards will apply to the vehicle upon its completion, nor will it have to be certified. However, if the operation entails removal of the old body and the installation of a new one, and the person removing the body (if a manufacturer, distributor, dealer, or motor vehicle repair business) is the person installing the new one, he must ensure that the reassembled vehicle continues to comply with standards effective upon its original manufacture (for example, a vehicle comprised of a 1986 body mounted upon a 1972 chassis must meet all applicable 1972 safety standards). A few individual parts such as tires, glazing, brake hoses, brake fluid, lighting equipment, and seat belt assemblies are subject to standards at the time of their manufacture and must comply regardless of the age of the vehicle for which they are intended (for example, the windshield in the 1986/1972 hybrid must meet the 1986 glazing standard if it is newly manufactured, but meet only the 1972 safety standard on windshield retention).

There are some fact situations in which combinations of new and used parts different than those discussed above are used, and for which no general answer applies. However, I hope that this letter has been sufficiently clear to provide an answer for you.

Finally, a manufacturer of vehicles or equipment items will be responsible for notification of purchasers and remedy of any safety related defect or noncompliance with a Federal motor vehicle safety standard that exists in its products.

Sincerely,

Original Signed By

Erika Z. Jones

Chief Counsel

cc (NEF 30) Armstrong/Shifflett