Interpretation ID: nht76-4.1

DATE: 01/15/76

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: Timpte, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to Timpte's December 10, 1975, question whether modification of a certified trailer prior to retail sale constitutes the manufacture of a vehicle subject to applicable safety standards such as Standard No. 121, Air Brake Systems.

The answer to your question is no. From your description, it appears that the proposed modification would be an alteration of a certified vehicle subject to @ 567.7 of NHTSA certification regulations (49 CFR @ 567.7) (copy enclosed). Under that section, conformity of the vehicle as altered need only be to standards in effect at the time the originally certified trailer was manufactured.

Sincerely,

Enclosure

ATTACH.

TIMPTE, INC.

December 10, 1975

Frank Berndt -- Acting Chief Counsel, National Highway Traffic Safety Administration

Dear Mr. Berndt:

As a manufacturer of semi-trailers we have just been approached with a condition that I am unable to determine our particular status if we were to proceed with the modification requested. Let me explain the situation to you.

Two years ago, we manufactured 6 semi-trailers which were 26' long, single axle, dry freight vans. They were intended to be put in use as "doubles". Our order was from one of our distributors who is a separate entity from our Company. We built these trailers, delivered them to him and he has paid us for them. We furnished him with Statements of Origin on these units. However, two of them did not get sold to his customer and these have not been titled in any way at this time.

Now, our distributor has the opportunity of selling these trailers. However, a modification will have to be made to the extent that the trailers each would need to be lengthened to 45' in overall length and the single axle would be replaced by a tandem axle sliding bogie. The overhead rear doors would be replaced by swinging rear doors. Now, in one context, this is a modification where we are utilizing the entire frame and side structure of the present trailer and adding on to it in so far as length is concerned. We are, however, making a tandem out of it with a sliding bogie as opposed to a fixed single axle. Its GAWR rating for each of the axles would remain the same; however, the GVWR would increase. These trailers are not used trailers and they presently carry our plate showing manufacturing date of 1974.

Can this be considered a repair or is this a modification to the extent of a rebuild where we would be required to furnish 121 brake equipment on the units and how, in either case, would we go about certifying them if, in fact, certification would be required to particularly the FMVSS 121?

I grant that this is an unusual request and yet it is entirely valid in that the distributor, not having had a sale for these trailers for a long period of time, now sees an opportunity to dispose of them if, in fact, a modification of this degree could be made reasonably and without necessity of probably adding the 121 axles and brake equipment. From a structural standpoint, we would have no concern since we would be doing the work here in our plant and making appropriate accomodations so that the trailers would be as structurally sound as if they had originally been made in the configuration of 45' in lieu of the 26' length.

Since a sale is pending based on the decisions in this letter, I would appreciate the earliest possible reaction from you so that we, in turn, may know how to advise our distributor and proceed accordingly.

Thank you.

Very truly yours,

Jack Gromer -- Vice President - Engineering