Interpretation ID: nht88-1.41

TYPE: INTERPRETATION-NHTSA

DATE: 02/16/88

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. Jeffrey W. Sullivan

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Jeffrey W. Sullivan Rt. 1, Box 3 Jackson, NC 27845

Dear Mr. Sullivan:

This is in reply to your letter of October 27, 1987, to this agency asking for Information on Federal safety and pollution requirements for kit cars.

We are unable to advise you on emission control regulations, and you should address this inquiry to the Environmental Protection Agency, 401 M Street, S.W., Washington, DC 20460.

You have given us, as an example of the type of vehicle you would manufacture for resale, "a '76 year drivetrain on a modified or not original frame/chassis" and asked whether it will have to meet 1976 model or new model standards. You have also asked wh ether you can relocate the engine and transmission, and whether it is would have an effect upon the standards you must meet.

New model Federal motor vehicle safety standards do not apply to vehicles built upon the chassis of a vehicle previously in use. However, under certain circumstances the 1976 safety standards could apply. Under the National Traffic and Motor Vehicle Safe ty Act a manufacturer, distributor, dealer, or motor vehicle repair business may not render inoperative, in whole or in part, any device or element of design installed in accordance with a Federal motor vehicle safety standard. Thus, if a manufacturer re moves a body from a chassis and installs a new one, he must ensure that the resulting vehicle continues to comply with the Federal safety standards with which the vehicle originally complied. A "Manufacturer" is defined in part as one who manufactures or assembles motor vehicles. This definition would seem to encompass your planned activities. Accordingly, if you removed the 1976 body from its chassis, there is no restriction against your relocation of the engine or transmission, but upon installation o f a new body you are required to ensure that the new vehicle meets 1976 Federal motor vehicle safety standards.

On the other hand, if you purchase the chassis after the body has been removed by another person, there would be no Federal safety standards applicable to it upon installation of the body. However, the vehicle would have to meet State standards necessary for its registration and operation.

Sincerely,

Erika Z. Jones Chief Counsel