Interpretation ID: nht80-2.49

DATE: 06/09/80

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mechanical Plastics Corp.

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your April 28, 1980, letter asking several questions about your responsibility as a manufacturer if you modify a Volkswagen by the addition of a recreational device (Hatchpack). The modification that you propose appears to be substantial in that it might involve a significant alteration of the vehicle rear and roof structures.

Before addressing your specific questions, I would like to give you some general background information. First, the agency does not give advance approvals of vehicles or equipment. It is the responsibility of a manufacturer to ensure that its vehicles or equipment comply with the applicable requirements of all of our safety standards. A manufacturer then certifies that its vehicles or equipment comply with all applicable standards. For example, when your device is added to a new motor vehicle prior to its first sale, the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration. You will find the specific certification requirements for alterers in Volume 49 of the Code of Federal Regulations at Part 567.7, Certification. On the other hand, you as the manufacturer of the Hatchpack device would have no certification requirements, because we have no safety standards applicable to your equipment.

From the general discussion in your letter, you appear to want information on safety standards for which you would be responsible. Further, you state that Volkswagen has indicated its concern about the compliance of its vehicle with the crashworthiness safety standards if it is modified as you propose. As we stated above, as an equipment manufacturer, you would not be responsible for the compliance of any safety standard since we have no equipment standards applicable to the device that you manufacture. However, the installer of the device on a new vehicle would be responsible for ensuring that the vehicle continues to comply with all affected safety standards. The installer will probably need your help in making its certification. Therefore, we suggest that you closely confer with Volkswagen to learn which safety standards they feel might be violated by the addition of your equipment. With this information, you can conduct testing or undertake engineering analyses of your device as mounted on the vehicle to see whether Volkswagen's fears have merit. If you can assure yourself that the vehicle as modified will continue to comply with the safety standards, then you can pass this information along to the installer of the equipment who could then certify the vehicle in compliance.

The following are the responses to your specific questions.

1. Under what section of the M.V. safety codes our product fall, if it is to be installed and sold on new automobiles by licensed new car dealers?

As I stated above, the addition of this equipment to a new vehicle means that the installer of the equipment must attach an alterer's label to the vehicle indicating that it continues to comply with all of the safety standards affected by the alteration. Therefore, the installer would be responsible for any safety standard that might be affected by the installation.

2. Under what sections of the M.V. safety codes does our product fall, if it is to be installed by an independent accessory installer onto a new automobile which is then sold as a new vehicle by a licensed new car dealer?

The answer to this question is the same as the answer to question number 1.

3. Under what section of the M.V. safety codes does our product fall, if it is to be installed by an automobile manufacturer as a factory option for new vehicles which are then to be sold by licensed new car dealers?

If the automobile manufacturer installs the device, that manufacturer simply certifies the vehicle in compliance with all safety standards as it must do with any vehicle it produces.

4. Under what section of the M.V. safety codes does our product fall if it is to be installed by an automobile owner/user?

There are no safety standards or other regulations applicable to modifications made to vehicle by their owners if the modifications are entirely made by the vehicles' owners. If a business such as a garage were to make the modification, it would have to make sure that it did not knowingly render inoperative the compliance of the vehicle with any safety standard. However, since the vehicle would be used, such a business would not be required to attach a certification label.

5. In each of the cases described in questions #1, #2, #3, and #4, who are the parties responsible for certifying to the N.H.T.S.A. that the product is in compliance with the required standards?

No person is required to certify to the NHTSA that a vehicle or product complies with the requirements. In certain instances, a certification lable must be attached to the vehicle. We have indicated in our response to each of the preceding questions when labels must be attached and by whom.

6. In each of the cases described in questions #1, #2, #3, and #4, who are the liable parties in the event of injury or death as a result if improper installation?

If the improper installation results in a noncompliance with a safety standard or with a defect related to motor vehicle safety, the agency would hold the installer primarily responsible. If, however, we were to discover that the equipment itself were the cause of the defect or noncompliance, the equipment manufacturer would be responsible to the agency. With respect to private liability that might result from a defect or noncompliance, you should consult with your own attorneys for an answer to this question.

7. Pased on the general information supplied with this letter would the installation of this unit by other than a motor vehicle manufacturer require an "alterers" label or certification?

As we indicated earlier, the answer to this question is yes if the installation is made on a new motor vehicle that has been previously certified by its manufacturer.

8. Under which, if any, of the cases described in questions #1, #2, #3, and #4 would there be an N.H.T.S.A. requirement for a fuel system integrity crash test?

The NHTSA does not require that any manufacturer perform a crash test if it can prove that the vehicle would comply with the requirements by some other means, such as design analysis. It is impossible for us to tell from your drawings whether your device would likely impact the fuel system. Volkswagen can probably be helpful in providing information in this area. If some impact on the fuel system is likely, testing or analysis would be required in each of the first three instances raised in your questions. No testing is ever required for the modification of used vehicles by their owners.

9. What form of assurances might N.H.T.S.A. require from Mechanical Plastics Corp. for the Hatchpack product?

The NHTSA requires no advance forms of certification of assurances from manufacturers that their products comply with safety standards. Our enforcement scheme is one of self-certification where the agency might subsequently purchase and test a vehicle for compliance with the standards.

10. What form of assurances might N.H.T.S.A. require from the installing party as described in questions #1, #2, #3, and #4?

The answer to this question is the same as the answer to question number 9.

We hope that this clarifies your responsibilities and duties with respect to the device that you propose to manufacture. Again, we strongly encourage you to consult with Volkswagen engineers who can be the most helpful in telling you to the standards that you are likely to impact with your device. If you have any further questions, please contact Roger Tilton of my staff at 202-426-9511.