Interpretation ID: nht72-6.37

DATE: 01/21/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Recreational Vehicle Institute Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of November 29, 1971, requesting our concurrence on three opinions you have furnished to the Recreational Vehicle Institute concerning the application of Part 567, "Certification," and Part 568. "Vehicles Manufactured in Two or more Stages, to certain recreational vehicles. The opinions, each the subject of a separate letter from you to Mr. Phillip H. Sharke or PVI, are discussed separately below:

1. Your first letter, dated November 18, 1971, concerns the possibility that travel trailers may be "vehicles manufactured in two or more stages, and subject to Part 560 and the appropriate sections of Part 367. if an "assemblage" is purchased from a supplier for completion, as opposed to when only individual component parts are purchased. This interpretation is correct. Travel trailers, like other vehicles, would be vehicles manufactured in two or more stages, if an assemblage consisting of at least the components specified in the definition of "incomplete vehicle" (@ 566.3) in delivered to another person for completion. In addition, each of the first three "consequences" listed on pages 2 and 3 of your letter are essentially correct. With respect to consequence number 4, the party against whom the NHTSA would proceed should a defect be discovered in a vehicle manufactured in two or more stages would depend upon which manufacturer was responsible for the defect. In most situations, however, it is the final-stage manufacturer who would be contacted first, as this would be necessary to determine whether the defect resulted from his activities or the activities of the incomplete vehicle manufacturer.

2. Your second letter, dated November 22, 1971, takes the position that Part 568 applies to the situation where a completed panel or automobile type truck is modified into a motor home. This analysis is incorrect. The definition of incomplete vehicle is Part 568 (#568.3) specifies that such a vehicle "requires further manufacturing . . . to become a completed vehicle." This is not the same as modifying one completed vehicle into another, the case you describe. In such a situation the issue is only whether sufficient modifications are made to the original truck to consider the one who modifies it a manufacturer in his own right. As the type of vehicle is being changed, as you state, from a truck to a multipurpose passenger vehicle, this question would most likely be answered in the affirmative. In such a case, the manufacturer of the motor home bears full responsibility for compliance with all applicable standards, and stands in the same relationship to the truck manufacturer as all vehicle manufactures stand to their suppliers when components that must meet standards are involved. The burden would be on the modifying manufacturer to show that his modification did not affect the base vehicle's compliance with a standard, if a nonconformity were discovered. The same reasoning would apply in determining responsibility for safety related defects.

3. Your third letter of November 29, 1971, discusses two issues. The first is whether GVWR for trailers should include weight specified for each designated seating position. Based on the definitions of "designated seating capacity" and "designated seating position" in 49 CFR 571.3 you conclude that as state laws generally provide that for each designated seating position. You amplify this with regard to fifth wheel trailers, stating that if any state allows persons to ride in such trailers, then the appropriate weight for each designated seating position should be included.

Whether or not a trailer has "designated seating position" depends upon the manufacturer's intention in designing the trailer. If a manufacturer does not include designated seating positions, whether or not due to state law, then such weights need not be included in the gross vehicle weight rating.

Your second question is whether the hitch or (Illegible Word) weight is to be included in establishing GVWS. This question was answered in our letter of January 4, 1972.

Finally, with reference to inclusion of specific fluid in determining various weights, those fluids such as water, etc., used in recreational vehicles for purposes other than vehicle operation are considered to be cargo.