Interpretation ID: nht73-6.13

DATE: 12/13/73

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Truck Equipment & Body Distributors Association

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of November 6, 1973, requesting information on whether vehicle certification labels must be affixed by persons who for their own use install fifth wheels on chassis cabs.

The NHTSA takes the position that vehicles completed by persons for their own use must conform to all applicable motor vehicle safety standards and be certified (by affixing the appropriate label) as conforming. The NHTSA considers the use of these vehicles to be an introduction or delivery for introduction in interstate commerce and subject to the prohibitions of section 108 of the Safety Act. Persons who complete incomplete vehicles are final-stage manufacturers and all other regulations applicable to manufacturers (Parts 566, 573, and 577) apply to them.

November 6, 1973

Richard B. Dyson Assistant Chief Counsel National Highway Traffic Safety Adm.

We have run into a situation in which a trucking firm told us that they had received some information "from Washington" that they did not have to affix Vehicle Certification Labels to the chassis-cabs to which they installed fifth wheels. These truck-tractors would then be placed into their fleet for their own use.

While Section 108 of Public Law 89-563 provides that "no person shall manufacturer for sale, sell, offer to sell or introduce or deliver for introduction in interstate commerce . . . " it would seem that part 568 of the current Certification regulations provides that any vehicle completed must be certified -- regardless of whether the vehicle is for sale or use by the Final-Stage Manufacturer.

We would appreciate your comments on this matter, as well as a statement regarding the Manufacturer Identification Reports and the various parts of the Defect Regulation. We are of the opinion that they have received some erroneous information, and would like to help them set the record straight.

Thank you.

THOMAS S. PIERATT Executive Secretary