Interpretation ID: nht76-5.21

DATE: 07/08/76

FROM: JOHN WOMACK FOR FRANK BERNDT -- NHTSA

TO: Kentucky Manufacturing Company

TITLE: FMVSR INTERPRETATION

TEXT: This responds to Kentucky Manufacturing Company's June 17, 1976, question whether the replacement of the frame of a converter dolly constitutes the manufacture of a new vehicle subject to applicable motor vehicle safety standards when the running gear (the axles, wheels, suspension, and related components sometimes known as a bogie) and the fifth wheel of the damaged converter dolly are reused. This office received clarification from you by telephone that the fifth wheel would be reused, although this was not stated in your letter.

The replacement of the frame is considered a repair by the National Highway Traffic Safety Administration and not the manufacture of a new vehicle. Thus the operation you describe would not constitute the manufacture of a new trailer that would require certification of compliance with safety standards such as Standard No. 121, Air Brake Systems.

I have enclosed a copy of a recent amendment of NHTSA regulations that permits the rebuilding of trailers without certification in some cases when it was previously prohibited. The details of the conditions under which such rebuilding is allowed are discussed in the preamble of the document.

Yours truly,

Enclosure

ATTACH.

KENTUCKY MANUFACTURING COMPANY

June 17, 1976

Frank A. Berndt -- National Highway Traffic Safety Administration

Dear Mr. Berndt:

Would the installation of a new frame on a converter dolly require certification to FMVSS-121 if the axle, air brake equipment, wheels & tires are used from the old, damaged unit? The dolly would still carry the old identification, serial number, etc.

Very truly yours,

Glenn W. Dobrick -- Chief Engineer