Interpretation ID: nht73-4.17

DATE: 05/03/73

FROM: AUTHOR UNAVAILABLE; Francis Armstrong; NHTSA

TO: Automotive Service Industry Association

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of March 26, 1973, to Mr. George Shifflett of my staff, enclosing a letter from Mr. I. Warren Simpson of Standard Parts Corporation. Mr. Simpson's questions, as amplified in a phone conversation we had with him following your suggestion, are restated below, and followed by our responses.

1. When "glyder kits" are installed, is the installer considered to be a manufacturer and therefore responsible for certification? (We understand "glyder kits" to mean a cab with chassis, less power train and rear axle.)

Whether a vehicle must be certified depends upon whether it is a "completed vehicle", as that term is defined in 49 CFR @ 568.3 (Vehicles Manufactured in Two or More Stages), copy enclosed. If the installation of a glyder kit produces a 'completed vehicle", the installer must certify the vehicle, as specified in 49 CFR Parts 567, 568, as conforming to all applicable Federal Motor Vehicle Safety Standards.

In cases involving the refurbishing of a used chassis, the NHTSA considers the refurbished vehicle to be a used vehicle, for which no certification is necessary. However, the implication from your letter is that a glyder kit installation involves a new chassis (only the rear axle and power train are used) and consequently the completed vehicle will be a new vehicle which must be certified.

There is also the possibility that a glyder kit, when installed, will be an "incomplete vehicle" (also defined in 49 CFR 568.3). An incomplete vehicle is not certified. Rather, its manufacturer prepares, and ships with it pursuant to Part 568, a document containing information on steps that the final-stage manufacturer must take in order to bring the vehicle, as completed, into conformity with applicable Federal standards.

2. Are we required to know the first purchaser for purposes other than resale (users) of the vehicle when we complete the vehicle for a dealer?

Section 113(f) of the National Traffic and Motor Vehicle Safety Act (15 USC 1402 (f)) requires each manufacturer of motor vehicles to maintain records of the names and addresses of the first purchaser (other than a dealer and distributor) of motor vehicles produced by that manufacturer. In completing a vehicle for a dealer, you are the final-stage manufacturer of the vehicle, and are responsible for maintaining the names and addresses of first purchasers. The information can be obtained from the dealers for whom you complete vehicles.

3. If the vehicles are involved in a "defect notification" campaign are we, as final-stage manufacturer (we install fifth wheels), required to participate?

Under the National Traffic and Motor Vehicle Safety Act, a manufacturer of motor vehicles is responsible for notifying owners of vehicles that he manufacturers. Usually, for multi-stage vehicles, the incomplete vehicle manufacturer will issue notification for defects covering those vehicle parts or components which he assembled or manufactured. Final stage manufacturers, like yourself, would do likewise. Under the Defect Notification regulations (49 CFR Part 577), if any one manufacturer who participates in the manufacture of a multi-stage vehicle conducts a notification campaign, the other manufacturers will not be required to do so. You may, however, be called upon to furnish to the manufacturer conducting the campaign the names and addresses of purchasers for vehicles you have completed.

4. "How can a distributor safety attach a fifth wheel? (Any frame failure is our liability since the OEM is very specific about neither, welding, drilling, or cutting the frame.)"

This agency is not in a position to give advice in this regard. The problem should be worked out between the incomplete and final-stage manufacturer.

We are enclosing the following pertinent publications: 1. The National Traffic and Motor Vehicle Safety Act 2. Part 567, "Certification", and Part 568, "Vehicles Manufactured in Two or More Stages." 3. Part 573, "Defect Reports." 4. Part 577, "Defect Notification."

If you have further questions, we will be pleased to answer them.

ENCLS.