Interpretation ID: nht72-6.38

DATE: 07/18/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Brighton Truck & Equipment Sales Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of June 20, 1972, asking several questions regarding truck certification by final-stage manufacturers. We have repeated your questions below, responding to each.

1. When is the progressive manufacturing report for each vehicle required to be filed?

You appear to be referring to "incomplete vehicle documents," which are furnished by incomplete and intermediate manufacturers to final-stage manufacturers. These documents are not required to be filed, but are to be used by the final-stage manufacturer as a basis for his certification of the completed vehicle. We suggest you save these documents, however, should it be necessary for you to show that you exercised due care in completing and certifying a vehicle.

2. If we sell a tractor cab and chassis upon which the customer is to install the fifth wheel, who is the final manufacturer? How? And when?

In this case, the customer is the final-stage manufacturer and bears the responsibility for certification (the regulations provide otherwise in the exceptional case where the incomplete vehicle manufacturer assumes this responsibility). If you do no more than sell the incomplete vehicle as it is delivered to you, you may meet your responsibilities under the regulations by forwarding to the customer the incomplete vehicle documents which you receive. Certification by the customer should be accomplished by affixing the required label containing the information specified in section 567.4 of the regulations, at the time of the installation of the fifth wheel.

3. If we sell a cab and chassis for a van body which the customer plans to transfer a used body, who must make final certification, how and when?

The answer to this question is essentially the same as that to question 2.

4. Are the customers required to return vehicles to us after installation of fifth wheel or body for us to issue the final sticker?

No. A customer who completes the vehicle is responsible for affixing the required label.