Interpretation ID: nht72-4.35

DATE: 04/19/72

FROM: AUTHOR UNAVAILABLE; Francis Armstrong; NHTSA

TO: Department of Engineering

TITLE: FMVSR INTERPRETATION

TEXT: Mr. Carter has asked me to reply to your letter of March 3, 1972, in which you ask who has the responsibility for certification of vehicles manufactured in two or more stages.

Paragraph 567.5(a) of Title 40 of the Code of Federal Regulations states, ". . . Except as provided in paragraphs (b) and (c) of this section, each final-stage manufacturer, as defined in @ 568.3 of this chapter, of a vehicle manufactured in two or more stages shall affix to each vehicle a label, of the type and in the manner and form described . . . ." Paragraphs (b) and (c) are concerned with incomplete and intermediate manufacturers who assume legal responsibility for all duties and liabilities imposed by the National Traffic and Motor Vehicle Safety Act of 1966 (the Act), with respect to the vehicle as finally manufactured.

Paragraph 568.3 states. " 'Final-stage' manufacturer means a person who performs such manufacturing operations on an incomplete vehicle that it becomes a completed vehicle."

The subject is also dealt with in the Preamble to Part 568 - Vehicles Manufactured in Two or More Stages. " . . . By its definition, a completed vehicle is one that requires no further manufacturing operations in order to perform its intended function other than the attachments of readily attachable components and minor finishing operations. If a manufacturer installs a component that is not readily attachable, such as a fifth wheel, then he is a final-stage manufacturer even though his contribution to the overall vehicle may appear small . . .

"In the event that a 'readily attachable component' is a component regulated by the standards, such as a mirror or a tire, the final-stage manufacturer must assume responsibility and certify the vehicle even though he does not install the particular component. Otherwise, the installer of mirrors and tires would be considered a final-stage manufacturer, a status that he would probably find unacceptable and that would tend to make certification less meaningful . . . ."

I am enclosing Parts 567 and 568 of Title 49 of the Code of Federal Regulations. If you have further questions I will be pleased to answer them.