Interpretation ID: nht75-3.28

DATE: 11/24/75

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: The Cleveland Electric Illuminating Co.

COPYEE: ROBERT E. WELTZER -- HWY. SAFETY MGMT. SPECIALIST, REGION V

TITLE: FMVSR INTERPRETATION

TEXT: This is in further response to your letter of June 11, 1975, to Mr. Kenneth Bowman, Area Director, Cleveland, Ohio, concerning the legal responsibilities of a person who modifies a motor vehicle.

IMPACT OF FEDERAL LAW

A person who performs work on a vehicle prior to the first purchase of the vehicle in good faith for purposes other than resale may be subject to the regulations of the National Highway Traffic Safety Administration (NHTSA) either as an alterer of a completed vehicle or as a final-stage manufacturer of an incomplete vehicle. A vehicle is "complete" only if it bears a certification label stating conformity to all applicable Federal regulations.

In addition, the National Traffic and Motor Vehicle Safety Act provides that

"No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard." (Sec. 108(a)(2)(A), Pub. L. 93-492, 88 Stat. 1470; 15 U.S.C. @ 1397(a)(2)(A))

This prohibition applies both before and after the first purchase of a motor vehicle, but does not apply to work performed on a vehicle by the individual owner of the vehicle. In addition, exceptions are provided to permit the rendering inoperative of safety belt interlocks and continuous buzzers after first purchase of the vehicle, and in certain circumstances just before first purchase.

VEHICLE ALTERATION

The regulations of the NHTSA cover two types of vehicle alterations. The first is an alteration of a completed vehicle by the addition, substitution, or removal of readily attachable components such as mirrors or tire and rim assemblies, or minor finishing operations such as painting which do not alter the vehicle's stated weight rating (49 CFR @ 567.6). This type of alteration does not involve any additional responsibilities by the alterer.

The second type of alteration is an alteration of a certified vehicle by means other than the addition, substitution, or removal of readily attachable components or minor finishing operations, or alteration in such a manner that the vehicle's stated weight ratings are no longer valid (49 CFR @ 567.7). This type of alteration, if done prior to the first purchase of the vehicle for purposes other than resale, must include, in addition to the certification label, a label stating that the vehicle as altered conforms to all applicable Federal motor vehicle safety standards and containing the firm or individual name of the alterer (49 CFR @ 567.7).

COMPLETION OF VEHICLE MANUFACTURE

If a vehicle (such as a chassis-cab) requires further manufacturing operations in order to become a completed vehicle, the completion of the vehicle constitutes final manufacture and necessitates compliance with the certification requirements of 49 CFR @@ 567.5 and 568.6. The name of the finalstage manufacturer must appear on the certification label as the manufacturer, unless the incomplete vehicle manufacturer assumes legal responsibility for the vehicle as finally manufactured (49 CFR @@ 567.5, 568.6 and 568.7).

To aid the final-stage manufacturer, the incomplete vehicle manufacturer is required to furnish with the incomplete vehicle a statement including the weight ratings of the vehicle if completed as intended, descriptions of the Federal motor vehicle safety standards applicable to the vehicle, and the conditions under which final completion of the vehicle will comply with such standards (49 CFR @ 568.4). If the final-stage manufacturer follows these instructions and conditions, the liability for non-compliance with a safety standard will be on the incomplete vehicle manufacturer. Although the certification requirements may be modified as a result of litigation, the NHTSA will consider compliance with the published requirements to meet any manufacturer's responsibilities under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. @ 1403 et seq.).

Final-stage manufacturers are also subject to the manufacturer identification rules of 49 CFR @ 566, which require manufacturers to submit to the NHTSA identifying information and descriptions of the items they produce. A final-stage manufacturer may also be subject to the defect reporting requirements of 49 CFR @ 573, which concern a manufacturer's responsibilities to report safety-related defects.

Enclosed are copies of section 108 of the National Traffic and Motor Vehicle Safety Act, and Parts 566, 567, 568 and 573 of the NHTSA's regulations. In addition, we are enclosing a copy of "Standards", a summary description of the Federal motor vehicle safety standards.

If you have any questions concerning the foregoing regulations or any Federal motor vehicle safety standard, we suggest that you write

Chief Counsel National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington, D.C. 20590

We hope that this information has been of assistance.

Yours truly,

Enclosures