Interpretation ID: nht72-4.42

DATE: 08/21/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Ryder Systems Incorporated

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of July 31, 1972, concerning work to be performed on new trucks. Your three questions are answered below.

You ask, "What are the legal aspects of a road contractor doing the fifth-wheel work on a new truck?" The installation of a fifth wheel on a new vehicle would most likely make the installer a "final-stage manufacturer" under NHTSA Certification regulations (49 CFR Part 567) and regulations governing "Vehicles Manufactured in Two or More Stages" (49 CFR Part 568). Final-stage manufacturers bear the responsibility for certifying that the completed vehicle conforms to all applicable motor vehicle safety standards. The procedure for certifying is specified in the Certification regulations, copies of which are enclosed.

Your second question is, "At what stage after purchase may a new truck be legally termed a used truck?" For our purposes, a used vehicle is any vehicle that has been purchased in good faith for a purpose other than resale (15 U.S.C. 1397(b)(1)).

Your last question is, "Would the installation of extra lights or safety items be construed as final manufacturing?" The installation of readily attachable components, such as mirrors or tires, is not considered to be an activity which makes the installer a final-stage manufacturer. We are of the opinion that the same would be true regarding the installation of "extra" lights (those not required pursuant to Motor Vehicle Safety Standard No. 103, (49 CFR 571.108)). We cannot provide you with an opinion as to "safety items" as this term is too general. However, assuming that you are referring to items not required by a motor vehicle safety standard, our answer would most likely be the same. The manufacturer should determine whether the component he installs affects to a significant extent either the configuration or purpose of the vehicle. If it does not, (we will accept a manufacturer's reasonable determination in this regard) then the installer would not be considered a final-stage manufacturer.