Interpretation ID: nht88-4.44
TYPE: INTERPRETATION-NHTSA
DATE: 12/19/88 EST
FROM: ERIKA Z. JONES -- NHTSA CHIEF COUNSEL
TO: I. ROBERT EHRLICH -- ENGINEER
ATTACHMT: MEMO DATED 5-5-88, FROM I. ROBERT EHRLICH, TO RICHARD STROMBOTNE, OCC-2077
TEXT: This responds to your letter addressed to Dr. Richard Strombotne, concerning side impact protection. You requested copies of our two January 1988 proposals, and stated that you are particularly interested in whether or not the proposed standards would a pply to stretch limousines. According to your letter, these vehicles are frequently covered by light sheet steel to fill in the gap created by lengthening a conventional passenger car. You stated that this leaves a wide, unprotected gap in the center.
Enclosed are copies of the two proposals. Your question concerning whether the proposals would apply to stretch limousines is addressed below.
By way of background information, the National Traffic and Motor Vehicle Safety Act authorizes the National Highway Traffic Safety Administration (NHTSA) to issue safety standards for new motor vehicles and new motor vehicle equipment. All motor vehicles and items of motor vehicle equipment manufactured or imported for sale in the United States must comply with all applicable safety standards. Manufacturers of motor vehicles must certify compliance of their products in accordance with 49 CFR Part 567, C ertification.
Each safety standard applies to specified "types" of motor vehicles and/or motor vehicle equipment. Motor vehicles are classified into the following types: passenger cars, multipurpose passenger vehicles, trucks, buses, trailers and motorcycles. A defi nition for each motor vehicle type is set forth at 49 CFR Part 571.3.
The two January 1988 notices propose to amend Standard No. 214, Side Door Strength, to upgrade its test procedures and performance requirements. Those amendments, like the current version of Standard No. 214, apply only to passenger cars.
A person who stretches a completed passenger car prior to its first sale to a consumer is considered a vehicle alterer under NHTSA's certification regulation. Part 567.7, Requirements for Persons Who Alter Certified Vehicles, requires alterers to certify that the vehicle, as altered, complies with all applicable safety standards. One issue which sometimes arises when a vehicle is altered is whether it remains the same "type" of vehicle after the alteration, and thus subject to the same standards. We w ould assume ordinarily that the "stretching" of a passenger car would not change the vehicle's classification. Under this assumption, an alterer who stretches a passenger car would be required to certify that the stretched vehicle continues to meet all standards applicable to passenger cars, including Standard No. 214. Thus, in this situation, the proposed amendments would apply to stretch limousines.
I note that it is conceivable that an alterer may be able to demonstrate, depending on the nature of the overall alterations, including alterations other than stretching, that a passenger car which is stretched has changed classification and is considere d a multipurpose passenger vehicle or bus instead of a passenger car. If this were the case, the alterer would be required to certify that the vehicle complies with all standards applicable to the vehicle type for which it is now classified. This would not include Standard No. 214, since, as indicated above, that standard applies only to passenger cars.
A person who stretches a used passenger car is not considered a vehicle alterer and is not required to certify that the modified vehicle continues to meet applicable safety standards. However, manufacturers, distributors, dealers, or motor vehicle repai r businesses modifying a used vehicle are prohibited by section 108(a)(2)(A) of the Safety Act from knowingly rendering inoperative any device or element of design installed on or in a motor vehicle or item of equipment in compliance with an applicable F ederal motor vehicle safety standard.
I hope this information is helpful.
ENCLOSURES