Interpretation ID: nht72-5.16

DATE: 08/23/72

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

TO: James W. Callison

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of July 7, 1972, and your note of July 31, asking whether the following statement may be placed on an invoice to relieve a final-stage manufacturer making the statement of his responsibilities under the Certification regulations (49 CFR Part 567):

"Delivery of this unit was accepted by the undersigned with the understanding that the unit DOES NOT meet all requirements of the Nat'l. Traffic and Motor Vehicle Safety Act. The undersigned assumes full responsibility for compliance."

In a conversation you had with Mike Peskoe of this office on July 31, you elaborated on your question. It appears that such a stamp might be used in either of two situations. First, a final-stage manufacturer might use the statement if he did not wish to certify the vehicle, attempting thereby to pass on the responsibility to the person to whom he delivers it, either a dealer or purchaser. In the second case, an incomplete or intermediate manufacturer has assumed the responsibility for conformity, and certification, pursuant to sections 567.5(c) or (d), and section 568.7, and the final-stage manufacturer is returning the vehicle to the party for whom he completed it, and wishes to make it clear that he is not responsible for certification.

A final-stage manufacturer whose responsibility for certification has not been assumed by an intermediate or incomplete manufacturer cannot remove himself from this responsibility, or require another to assume it for him. The regulations require such a manufacturer to certify the completed vehicle, and his failure to do so can subject him to civil penalties and other sanctions. The use of a disclaimer such as the stamp you enclose would be of no legal effect, even if signed by the person receiving the vehicle.

In the situation where an incomplete or intermediate manufacturer has assumed the certification responsibility, the use of such a stamp would be unnecessary. The final-stage manufacturer should obtain written assurance of that fact from the party assuming the responsibility. before beginning work on the vehicle. Also, the assumption of responsibility is reflected in special provisions regarding the certification label, in accordance with @ 567.5(c) and (d) of the Certification regulations. It would be advisable for any statement concerning this arrangement to make reference to the applicable regulations.