Interpretation ID: nht80-3.46

DATE: 09/11/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Commonwealth of Pennsylvania

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letters of July 18, 1980, to the Administrator and myself and confirms a telephone conversation between Mr. Devin of your office and Taylor Vinson of ours, on August 5, 1980.

You have asked the following questions:

"1. Does any Federal Regulation address the issue of inter-mixing motorcycle and other motor vehicle parts?"

The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.), a copy of which I enclose, is the authority for Federal regulation of the manufacture of motorcycles and other motor vehicles. The Federal motor vehicle safety standards (49 CFR Part 571) implement the Act.

Neither the Act nor the Standards directly address the issue of the intermixing of parts of motorcycles and other motor vehicles. However, use of one half of a passenger car headlighting system is permitted as a motorcycle headlighting system (See paragraph S4.1.1.34 of 49 CFR 571.108). As a general rule, under the Act and Standards use of motorcycle equipment as original equipment on passenger cars and other motor vehicles is not prohibited unless such use creates a noncompliance with any Federal motor vehicle safety standard applicable to the vehicles or a defect related to motor vehicle safety.

In addition, section 108(a)(2)(A) of the Act prohibits any "manufacturer", "distributor", "dealer", or "motor vehicle repair business" from rendering inoperative in whole or in part any device or element of design installed on a vehicle in accordance with a Federal motor vehicle safety standard. We interpret this as forbidding anyone but the owner of a vehicle in use from removing and substituting original vehicle equipment if it results in a noncompliance. This prohibition has at least a theoretical application to the intermixing of vehicle parts.

"2. Can NHTSA provide any suggestions, recommendations or guidance on this matter?"

We are unable to be helpful because few instances of intermixing came to mind. We are currently in litigation with an importer of European passenger car headlamps that are purportedly certified only to "motorcycle" requirements but which, in fact, are being sold for use on passenger cars. This would not appear to be a true instance of intermixing since there appears to be little market for them as motorcycle headlamps. Generally, however, it would not appear sound practice to use equipment in an application not intended by its manufacturer.

"3. We would also like to know your position on 'kit cars'".

There are no regulations or standards applicable to "kit cars" per se, nor do we even have a definition of the term. But some general principles apply under the Act nonetheless.

The classic "kit car" operation involves the removal of an old vehicle body from its chassis and its replacement with a new one. The resulting assemblage retains the title of the vehicle's original incarnation. As the Act defines a "manufacturer" to include one who assembles motor vehicles, a person in the business of assembling kit cars bears the manufacturer's statutory responsibility (15 U.S.C. 1411 et seq.) for notification and remedy in the event his assembly operations create a safety related defect in the vehicle.

A newly-assembled vehicle using its previous title is considered "used" and does not have to comply with the safety standards that apply to "new" vehicles. However, we interpret Section 108(a)(2)(A), discussed in response to your first question, as requiring the assembler, if it is the party removing the old body, to insure that the vehicle upon completion of reassembly had it been originally manufactured with the new body meet the standards with which it would have complied. For example, if a new fiberglass convertible body is mounted on the chassis of a 1972 Volkswagen Beetle, the vehicle must meet all standards that apply to 1972 convertibles. If it does not, its assembler as a "manufacturer" appears to be obligated under the Act to notify purchasers and remedy the noncompliances.

Some of the safety standards apply to individual equipment items such as tires, lighting equipment, glazing and seat belts. Any item covered by a Federal equipment standard and supplied in the kit must meet such standard.

Outside this framework our position is necessarily determined by the facts of each use but generally, the greater the number of new parts used in a vehicle, the more likely we are to consider it as one which must meet the standards that apply to new vehicles.

If you have any further questions Mr. Vinson will be happy to answer them (202-426-9511).

SINCERELY,

COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION

July 18, 1980

Frank A. Berndt Chief Counsel U.S. Department of Transportation National Highway Traffic Safety Administration

Re: State Vehicle Programs

Dear Mr. Berndt:

The Commonwealth of Pennsylvania is presently reviewing its Vehicle Equipment and Inspection Requlations. As part of this process, a question has arisen as to the origin of Section 483.6(d), "Components - Motorcycle components and components of other motor vehicles are not compatible and shall not be intermixed in a specially constructed or reconstructed vehicle." I request an answer to the following questions:

1. Does any Federal Regulation address the issue of intermixing motorcycle and other motor vehicle parts?

2. Can NHTSA provide any suggestions, recommendations, or guidance on this matter?

3. We would also like to know your position on "kit cars."

Your prompt attention to this request will be greatly appreciated. In order to expedite our resolution of this matter, I would like to request that a member of your staff contact Mr. Maurice Devin at (717) 787-1829, as soon as the above questions can be answered. A follow-up letter confirming the telephone conversation is also requested, so the information can be placed in our files.

Robert P. Spena, D.S.W. Director Bureau of Traffic Safety Operations