Interpretation ID: nht75-3.49

DATE: 05/27/75

FROM: AUTHOR UNAVAILABLE; J. C. Schultz; NHTSA

TO: Truck Trailer Manufacturers Association

TITLE: FMVSS INTERPRETATION

TEXT: This responds to the Truck Trailer Manufacturers Association March 28, 1975, request that the National Highway Traffic Safety Administration (NHTSA) review its position that building a trailer from new materials in combination with the running rear of an existing trailer constitutes the manufacture of a new vehicle subject to applicable safety standards. You also request confirmation that modification of the barrel of a tank trailer to replace compartments or to add to its volume does not constitute manufacture of a new vehicle.

NHTSA has already reconsidered its interpretation of what constitutes the manufacture of a new truck in cases where components from an existing vehicle are used. Based on the high value of the drive train components found in powered vehicles, NHTSA has proposed an amendment of Part 571 that would supplant its earlier interpretation that, to constitute repair, the chassis of the existing vehicle must as a minimum be used in the new vehicle. The proposed amendment would establish that, in the assembly of a truck, a new vehicle is manufactured for purposes of compliance with and certification to applicable safety standards, unless the engine, transmission, and rear drive axles (as a minimum) of the rebuilt vehicle are not new, and at least two of these components were taken from an existing vehicle whose identify is continued in the rebuilt vehicle with respect to model year, vehicle identification number, and any other documentation incident to the vehicle's remanufacture and registration.

Our interpretation of what constitutes manufacture of a new trailer (when use of components from an existing vehicle is involved) parallels our present interpretation of truck rebuilding in this area. We regret any confusion in our use of the term "chassis", but we have made clear that the running gear and main frame of an existing vehicle, must, as a minimum, be used in the rebuilding of a vehicle to be considered a repair. I enclose copies of two letters which establish this point.

NHTSA does not view the manufacture of trucks and trailers as sufficiently similar to justify attempting to apply our newly-proposed position on truck rebuilding to trailer manufacture. The primary consideration of extremely high value of drive train components found in powered vehicles is not applicable to trailer manufacture. NHTSA also concludes that the economic considerations which discourage avoidance of Standard No. 121, Air brake systems, in truck manufacture do not operate in trailer manufacture.

In regard to tank trailer modifications where the tank serves the purpose of and replaces the frame rails, we would not consider replacement of compartments in the tank to be manufacture of a new vehicle. Similarly, the addition of volume in response to the new weight limits would not constitute manufacture of a new vehicle.

SINCERELY,

Truck Trailer Manufacturers Association

March 28, 1975

Dr. James B. Gregory Administrator National Highway Traffic Safety Administration Department of Transportation

Subject: Petition for Reconsideration of Applicability of Motor Vehicle Safety Standards through Interpretive Letters

(Info copies to: Chief Legal Officer, NHTSA - Docket 49 Part 571)

Reference is made to the letter of interpretation by Mr. Richard B. Dyson, Acting Chief Counsel, NHTSA, to Robert S. Podlewski of Diamond Reo Trucks, Inc., dated October 7, 1974, NHTSA file No. 40-30(TWH) concerning the use of "glider kits" and to subsequent related actions now understood to be under advisement and study by the staff of the Office of Chief Legal Counsel, NHTSA.

The Truck Trailer Manufacturers Association (TTMA) represent approximately 200 truck trailer and component suppliers who produce more than 90% of the truck trailers built in the United States. Some of our member companies also engage in repairing damaged vehicles and others are engaged in furnishing vehicle components to those organizations that are involved in vehicle repairing activities.

The membership of this Association is concerned over the interpretation understood from the above referenced letter as are some truck manufacturers.

Our membership greatly appreciates cost effectiveness activities. The repairing of a customers' damaged truck trailer is understandably a consumer's cost effectiveness program especially during these trying economic times.

There are many cases where truck trailer bodies, frames or trailer tanks are unserviceable, and, byu repairing (oftentimes including the replacement of damaged or unserviceable assembly or sub-assembly components a most proper and necessary cost effectiveness vehicle repairing program can be and should be accomplished.

In addition, there are cases where truck trailer running gears such as axles, suspensions, and/or frames and stub frames are perfectly safe, serviceable, and suitable for continued road use. Our membership considers the disposal of such serviceable items to be a monetary loss and a national economic waste of durable goods. This waste would not occur except for interpretations of certain Motor Vehicle Safety Standards.

When a customer-owned trailer is unfortunately involved in an accident and that vehicle owner or his insurance company desires to save the majority of new vehicle replacement costs by repairing that old vehicle for that owner by replacing or installing a new or used body structure, thereon, we do not understand how that repair job can be classified to be the manufacture of a new vehicle for Safety Standards Application purposes.

Accordingly, this Association petitions and requests that the decision resulting from the process whereby the National Highway Traffic Safety Administration reconsiders the issues involved in the referenced Diamond Reo -- International Harvester, et al question involving the subject of truck repair versus new vehicle manufacturing, as related to unserviceable used vehicles, that the decision be couched in such language that the interpretation can be directly applied to truck trailers which are constructed of the same or similar types of components as are found in trucks.

Related to the above, it should be noted that auxiliary driving engines have been installed, from time to time, on truck trailers to furnish auxiliary driving power when it was found desirable to enhance the combination vehicles' hill climbing ability or for other reasons.

In arriving at the Administration's re-evaluated interpretation concerned, we should like to advise that the "frame" of a vehicle is not synonymous with "chassis". The "chassis" is generally understood to mean the basic operating motor vehicle including engine, frame, operational controls, and other essential parts but exclusive of a cab, body or accommodations for the operator, passengers, or property. Where a cab or flat face cowl is installed on a chassis, the composite is known and designated as "chassis and cab" or "chassis and cowl", etc. It would therefore be appreciated if the NHTSA interpretations to be rendered, especially on the repair versus new vehicle manufacturing question, give due consideration to the above clarification of "chassis" which NHTSA has previously used in a questionable and perplexing manner.

We do not construe that the use of a new "frame" or the equivalent structure to which is attached the used components of the original vehicle, to replace a damaged, bent, and/or unserviceable "frame" in any way, shape, or form constitutes the construction of a new motor vehicle, considering that the vehicles operating and identifying characteristics remain unchanged.

Again, related to the above, is the processing of a tank trailer where an existing leaking compartment is to be replaced or where the compartment is to be increased in capacity while the remainder of the vehicle is not otherwise changed. We do not consider that these repairing processes constitutes the construction of a new vehicle for Safety Standards Application purposes.

The Truck Trailer Manufacturers Association fully supports the enforcement of appropriate, practical and needed for safety Motor Vehicle Safety Standards. However, we must petition for the reconsideration of what appears to be the unlawful interpretations which, in effect, retroactively require equipment modernization to the most current safety standards promulgated for new vehicles to be applied to used motor vehicles because of normal trade practices of cost effective repairing of damaged or otherwise unserviceable used equipment.

The Association believes that the Podlewski response by NHTSA is a questionable intepretation of Motor Vehicle Safety Standards which were promulgated under the Administrative Procedures Act. What appears to have happened, in this case of repair versus new manufacturing question, has the effect of retroactive applicability of Safety Standards by fiat subsequent to the time that the Standards are established. Yet, we do not believe NHTSA or the Congress ever intended to require the retroactive modernization of used vehicles by rule interpreting procedures.

The Truck Trailer Manufacturers Association supports the concept found in the White Motor Company's suggested draft of "Interpretation of Manufacture vs. Repair of Vehicles" contained in the Public Docket.

It is therefore requested that the contents of this presentation be given due consideration in the action now being studied by Legal Counsel of NHTSA on the Diamond Reo-International-White et al reconsideration question of Repair vs. New Manufacturing.

Sumner Meiselman Staff Engineer