Interpretation ID: nht72-3.36

DATE: 08/23/72

FROM: LAWRENCE R. SCHNEIDER FOR RICHARD B. DYSON -- NHTSA

TO: Automotive Trade Association

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of July 18, 1972, to Miss Nancy Brownell concerning the placement of additional seats in a "van" by a dealer.

Section 108 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397) prohibits, among other things, the sale, offer for sale, or the introduction in interstate commerce of motor vehicles that do not conform to applicable motor vehicle safety standards in effect on the day of the vehicle's manufacture. This prohibition applies until after the sale of the vehicle to a purchaser for a purpose other than resale (15 U.S.C. 1397(b)(1)).

This provision prohibits all persons, including dealers, from altering a new vehicle before its sale to a user in such a way that the vehicle no longer conforms to the standards. A person who performs such alterations would be required to ensure that the vehicle conformed to all applicable standards after the alterations have been made. It appears that merely adding seats to a van without making additional alterations would cause it to fail to conform to Motor Vehicle Safety Standard No. 208, "Occupant Crash Protection", (49 CFR 571.208), and possibly other standards as well. The failure of the vehicle to conform could result in the imposition of civil penalties against the person making the alteration or selling the vehicle of up to $ 1,000 for each violation (15 U.S.C. 1398), and other sanctions (15 U.S.C. 1399).

You are right in your opinion that the vehicle may be modified without regard to the standards after its first purchase for a purpose other than sale.