Interpretation ID: nht72-4.38

DATE: 07/27/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Truck Equipment & Body Distributors Association

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of June 16, 1972, requesting information on steps to be taken under the Certification regulations when a manufacturer considers a fifth wheel to be a "readily attachable component," and certifies the vehicle as a complete vehicle before the attachment of the fifth wheel. You ask what responsibilities apply to the person who ultimately attaches the fifth wheel when that person also affixes other components to the vehicle. You list as other components a third axle, the substitution of an air ride suspension for the regular suspension, and the addition of a "drum" unit (we assume that this is a dromedary unit).

The situations you have listed appear to resemble situations similar to those involving the possible use of the "altering distributor label" which we discussed in our letter to you of June 20. We said in that letter that if a person altering a completed vehicle does not make changes significant enough to make him a remanufacturer, he may satisfy the requirements by allowing the existing label to remain in place. If he does make significant changes, however, he must recertify the vehicle, but he may rely on the previous manufacturer's certification for those aspects of performance that are not affected by his alterations.

We would consider the addition of a third axle to be remanufacturing, and you were correct in advising your member to recertify the vehicle, utilizing the information on the existing label except as to the third axle. Strictly speaking, however, your member as the remanufacturer is responsible for the conformity of the entire vehicle. While he may rely on the information on the original label, if a noncompliance were discovered the burden in the first instance would be on him to show that his alterations were not responsible.

We cannot determine from the information you provide whether the "Substitution of an air ride suspension" would constitute remanufacturing. You can probably infer the answer based on your own knowledge of what is involved.

With reference to the drum unit we advised you by letter of March 24, 1972, that we consider the addition of a dromedary unit to be remanufacturing. A person who installs such a component on a new vehicle would be required to recertify the entire vehicle as a final-stage manufacturer. He may also rely on the previous certification for those aspects of performance which he does not affect.

You also ask whether, if the installation of the fifth wheel alters a component covered by a safety standard, the installer should recertify the vehicle. As you are assuming that the fifth wheel is a "readily attachable component," no further certification is necessary. However, the person installing the fifth wheel must ensure that the vehicle conforms to all standards when the work is completed.