Interpretation ID: nht87-1.56

TYPE: INTERPRETATION-NHTSA

DATE: 03/30/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: J. C. Glasgow

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. J. C. Glasgow 777 Royal Palm Drive Kissimmee, FL 32743

Dear Mr. Glasgow:

This responds to your November 10, 1986 letter seeking information concerning federal regulations and standards for custom made automotive and van bodies.

Your letter indicates that you plan to design and make fiberglass automobile and van bodies for sale to the public. Although there are no specific safety regulations concerning fiberglass bodies, you should be aware of the federal regulation; and standar ds that may apply to your business.

By way of background information, our agency is authorized, under the National Traffic and Motor Vehicle Safety Act of 1966, as amended (Vehicle Safety Act, 15 U.S.C. 1391 et. seq.) to issue safety standards applicable to new motor vehicle; and items of motor vehicle equipment. The National Highway Traffic Safety Administration (NHTSA) does not approve motor vehicles or motor vehicle equipment. Instead, the Vehicle Safety Act establishes a "self-certification "process under which each manufacturer is re sponsible for certifying that its products meet all applicable safety standards.

If there is a safety-related direct or noncompliance, you would be obligated to notify purchasers of your product and remedy the problem without charge. Manufacturers who fail to provide notification of or remedy for a defect or noncompliance may be subj ect to a civil penalty of up to $1,000 per violation. That penalty is separate from and in addition to the one for the noncompliance itself. (A general information sheet describing the responsibilities under the Vehicle Safety Act is enclosed.)

It is unclear from your letter whether you plan to alter finished automobiles and vans or whether you plan to perform manufacturing operations on incomplete vehicles. If it is your plan to alter finished vehicles, then you would be considered an "alterer " and subject to the requirements of 49 Code of Federal Regulations (C.F.R.) Part 567.7, Requirements for persons who alter certified vehicles.

An alterer is a person who alters previously certified vehicles by means other than the addition, substitution, or removal of readily attachable components, or minor finishing operations, or in such a manner the vehicle's stated weight ratings are no lon ger valid. If the alteration is performed before the first purchase of the vehicle for purposes other than resale, the alterer must supplement the certification label by affixing an additional label stating that the vehicle as altered conforms to all app licable Federal motor vehicle safety standards (FMVSS) and also stating the firm or individual name of the alterer.

An alterer is also considered a "manufacturer" for the purposes of notification and recall for defects or noncompliance under the Act and is subject to the requirements of 49 C.F.R. Part 573, Defect and Noncompliance Reports.

Further, you must make sure that any conversions you make to certified vehicles do not harm the vehicles' safety features. Under S108(a)(2)(A) of the Vehicle Safety Act, a manufacturer, distributor, dealer, or motor vehicle repair business must not knowi ngly render inoperative, in whole or in part, any device or element of design which is installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard. Commercial businesses tha t violate this section are subject to a civil penalty of $1,000 per violation.

If you are performing manufacturing operations on an incomplete vehicle, as that term is defined in 49 C.F.R. Part 568.3 so that it becomes a completed vehicle, then, you must meet the requirements in Part 563, Vehicles manufactured in two or more stages . Under Part 568.3, if you are a "final-stage manufacturer" you would be required to complete the vehicle in such a manner so that it conforms to all applicable safety standards. Also, you must affix a label to the completed vehicle in accordance with th e certification requirements set forth in Part 567.5, Requirements for manufacturers of vehicles manufactured in two or more stages.

Your letter does not indicate the nature of the work that you expect to do on the vehicles. Therefore, this agency cannot adequately identify which of the Federal motor vehicle safety standards (FMVSS) set forth in 49 C.F.R. 571 will apply. I suggest tha t you examine the safety standards to decide how each could apply to your fiberglass design for automotive and van bodies. You should make special note of the following safety standards which may apply toward your design. Safety Standard No. 107, Reflect ing Surfaces; Safety Standard No. 108, Lamps, reflective devices, and associated equipment; Safety Standard No. 205, Glazing materials: Safety Standard No. 206, Door locks and door retention components; Safety Standard No. 214, Side door strength; Safety Standard No. 216, Roof crush resistance-passenger cars; Safety Standard No. 219, Windshield zone intrusion. You should be aware that additional federal safety standards may apply.

If you have any questions or seek additional information, please feel free to contact this office.

Sincerely,

Erika Z. Jones Chief Counsel

Mr. JC Glasgow 777 Royal Palm Drive Kissimmee, FL 32743

November 10, 1986

Dept. of Transportation Washington D.C.

Re: Regulations and Standards for the Performance of Auto and Van Bodies.

Subject: Custom Made Auto and Van Bodies for sale to the general public.

I am currently designing a fiberglass auto van body foe sale to the public. I need to know what federal regulations govern fiberglass auto and van bodies for public safety. When one of my vehicle bodies is in an accident I want to have followed existing federal regulations so that I cannot be sued for not doing so. Please rush. Thank you.

Sincerely,

JC Glasgow