Interpretation ID: nht74-3.20

DATE: 11/04/74

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Car and Truck Renting and Leasing Association

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your July 25, 1974, letter and our subsequent discussions which raise the question whether the construction of a truck using the power train (rear axle, suspension, drive line, and engine) of a damaged 1972 truck and all or part of a new glider kit constitutes the manufacture of a new motor vehicle, subject to Federal motor vehicle safety standards, including Standard No. 121 after March 1, 1975.

Re-use of components from an existing vehicle in the construction of another vehicle may or may not result in the manufacture of a new vehicle. The NHTSA has established that the addition of new components (such as a truck body) to the chassis of a used vehicle does not constitute the manufacture of a new vehicle. Conversely, the addition of used components to a new chassis constitutes the manufacture of a new vehicle, subject to the safety standards in effect for that vehicle class on the date of manufacture. This criterion has been relied on in the area of chassis-cab multistage manufacture.

Typically a "glider kit" is a truck chassis on which a cab and front axle system are mounted, which is purchased to permit the re-utilization of a power train from another vehicle. Since a glider kit typically incorporates a new chassis (as well as a new cab and front suspension), the NHTSA finds that the use of such a glider kit in the construction of a motor vehicle constitutes the manufacture of a new motor vehicle. To conclude otherwise would mean that a vehicle composed entirely of brand new components except the rear axle and perhaps the engine, would qualify as a used vehicle.

If answer to your question on the use of a portion of the kit: if the kit's chassis portion is used, we would consider the resultant vehicle to be a new motor vehicle. Conversely, use of only the cab portion would not be the manufacture of a new motor vehicle.

A new motor vehicle must conform to all applicable Federal motor vehicle safety standards. If it is not manufactured in two or more stages, the applicable standards are those in effect for the vehicle type as of the date of completion of the vehicle (15 U.S.C.@ 1397(a)(1)) (49 CFR 567.4). If the vehicle has been manufactured in two or more stages in accordance with part 568-(Vehicles manufactured in two or more stages, 49 CFR Part 568), it may be certified as of any date between the date of manufacture of the "incomplete vehicle" and the date of manufacture of the completed vehicle. For example, a truck-tractor constructed of a 1972 power train and a glider kit on some date prior to March 1, 1975, may be certified as of the date that it reaches the "incomplete" stage although its completion (such as by fifth-wheel installation) occurs after March 1, 1975.

The manufacturer responsible for certification under part 567 (49 CFR Part 567) will in many cases be the person who combines the used components with the glider kit. However, if he has manufactured only an "incomplete vehicle" as that term is defined in Part 568, he would provide documentation with the vehicle required under @ 568.4.

Although a glider kit manufacturer may use several serial numbers (e.g., body, engine) the NHTSA only requires one vehicle identification number to appear on the certification plate (@ 567(4)(g)(6)). The manufacturer may use the serial number on the glider kit or may create his own vehicle identification number. It is my understanding that the States have established various practices for the registration of a vehicle which is partially constructed from a formerly registered vehicle. These practices vary greatly and you should check with the individual States regarding them.