Interpretation ID: nht81-3.35

DATE: 11/10/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Taiyo Trading USA Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your letter of June 17, 1981, asking about the applicability of Federal motor vehicle safety standards to a manually operated door opener that you are considering importing. The door opener is designed for passenger cars and taxis and allows the driver to open the rear door by shifting a lever located by the driver's side.

By way of background information, the agency does not give approvals of vehicles or equipment. The National Traffic and Motor Vehicle Safety Act places the responsibility on the manufacturer to ensure that its vehicles or equipment comply with applicable requirements. A manufacturer then certifies that its vehicles or equipment comply with all applicable standards. We note that the term "manufacturer" is defined by section 102(5) of the Act to mean "any person engaged in the manufacturing or assembling of motor vehicles or motor vehicle equipment, including any person importing or motor vehicle equipment, including any person importing motor vehicles or motor vehicle equipment for resale." [Emphasis added.]

The agency does not have any regulations covering manually operated door openers. However, installation of such a device may affect a vehicle's compliance with other safety standards. If any standard would be affected, it would probably be Safety Standard No. 206, Door Locks and Door Retention Components. For your convenience, we have enclosed a copy of that standard, which includes performance requirements for a vehicle's latch and striker assembly, door hinges, and door locks. However, based on the limited drawings included with your letter, it is not possible for us to determine whether a vehicle's compliance with that standard would be affected. We suggest that you carefully examine the requirements of Standard No. 206 to make that determination.

If 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 at 49 CFR Part 567.7, Certification. On the other hand, you as the manufacturer of the device would have no certification requirements, because we have no safety standards applicable to your equipment. However, an alterer would probably require information from you in order to make the necessary certification.

If your device is installed on a used vehicle by a business such as a garage, the installer would not be required to attach a certification label. However, it would have to make sure that it did not knowingly render inoperative the compliance of the vehicle with any safety standard. This is required by section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act, which states in relevant part: No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard.

Please feel free to contact us if you have any further questions. You may also wish to check with state and local authorities to determine whether the use of your device is affected by their regulations.

ENC.

June 17, 1981

Chief Council DOT-NHTSA

Dear sir:

We wish to import the enclosed diagramed zerox copied manually operated door opener from Japan to the United States markets.

The door opener is installed on the driver's side. The door opener is independently installed and is not operated by a motor, hydraulic units, nor attached to the engine of the car. All operation is operated and controlled manually. It is highly recommended for passenger cars and taxis, where the driver does not have to get out of the cars each time to open the door.

Before proceeding with the importation of the item to the United States, we are anxious to gather and learn all the regulations and involvements, we may face. We will gladly submit a sample, for your inspection.

We certainly will appreciate it very much, if you will forward us all the necessary application forms and informations.

Thanking you in advance for your time and consideration you have afforded us. We will be looking forward to your early response.

T. FUMIMA, PRESIDENT TAIYO TRADING USA INC.

Enclosure Omitted.