Interpretation ID: nht93-4.6
DATE: May 21, 1993
FROM: John Womack -- Acting Chief Counsel, U.S. Department of Transportation, NHTSA
TO: Duane Bartels -- Commercial Vehicle Inspector III, MN State Patrol
TITLE: None
ATTACHMT: Attached to letter dated 11-10-92 from Duane Bartels to NHTSA (OCC 8022)
TEXT: This responds to your letter requesting information on how the agency's regulations would affect a Minnesota resident wishing to change the seating in passenger vans by removing or modifying seats in the vans. The contemplated changes would reduce the seating in a 12 or 15 passenger van to a maximum of 10 persons. I will give you some background information concerning the relevant rules, and then proceed to answer your four questions.
The National Traffic and Motor Vehicle Safety Act ("Safety Act") authorizes the National Highway Traffic Safety Administration ("NHTSA") to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. NHTSA does not approve motor vehicles or equipment, however. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer of a new motor vehicle or items of equipment is responsible for certifying that its products meet all applicable safety standards.
If any party performs conversion operations (i.e., anything other than addition or removal of readily attachable components such as mirrors or tires, or minor finishing operations such as painting, see 49 CFR S567.6) on a certified vehicle before the first sale of the vehicle to a consumer, the party would be an "alterer" under 49 CFR S567.7, and would be required to affix its own label identifying itself and certifying that the altered vehicle continues to conform to all applicable Federal motor vehicle safety standards affected by the alteration.
If alterations are made to a vehicle after its first sale to a consumer, there are no certification requirements. However, under section 108(a)(2)(A) of the Safety Act, manufacturers, distributors, dealers, or motor vehicle repair businesses modifying a used vehicle are prohibited from knowingly rendering inoperative any safety 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. The "render inoperative" provision does not apply to modifications vehicle owners make to their own vehicles.
Let me now proceed to answer each of your four questions:
1. BY DOING THIS ALTERING TO SEATS, IS HE DOING ENOUGH WORK TO THE VEHICLE TO QUALIFY UNDER 49 CFR 567.7?
If the modifications are carried out prior to a vehicle's first sale to a consumer, the person to whom you refer in your letter would be considered an alterer under 49 CFR S567.7. As discussed above, an alterer would be required to affix its own label identifying itself and certifying that the altered vehicle continues to conform to all applicable Federal motor vehicle safety standards affected by the alteration.
I note that, if alterations change the classification of a vehicle, the alterer must certify that the vehicle meets all Federal safety standards applicable to the new classification. As you noted in your letter, the contemplated alterations, resulting in a change in capacity from either 12 or 15 passengers to a maximum of 10 persons, would change the vehicle's classification from "bus" to "multipurpose passenger vehicle (MPV)," under 49 CFR Part 571.3. The alterer would therefore be required to certify that the altered vehicle meets all Federal safety standards applicable to MPV's. I note that different safety standards apply to MPV's and buses.
If the modifications are made to a used vehicle, the person to whom you refer in your letter would not be considered an alterer. However, if the person is a manufacturer, distributor, dealer or motor vehicle repair business, the person would have to take care not to violate to the "render inoperative" provision discussed above.
2. WILL THIS PERSON BECOME A MANUFACTURER AND IF SO, DOES HE NEED TO COMPLY WITH 49 CFR 566.5?
Alterers are considered manufacturers under the Safety Act. Since 49 CFR 566.5 sets forth requirements for "each manufacturer of motor vehicles," alterers must file the information required by that section. This information includes the name of the manufacturer, its address, and a brief description of the vehicle or vehicle equipment manufactured.
I note that NHTSA has issued several previous interpretation letters addressing the question of whether alterers must file under 49 CFR 566.5, and has taken positions which are difficult to reconcile. In at least one early letter (October 30, 1975 letter to Mr. James E. Harris), the agency indicated that some alterations might be so minor that the alterer might not be considered a manufacturer. In another letter (May 12, 1976, addressed to Mr. Mike Watson), the agency stated that a person who alters completed vehicles but "does not otherwise manufacture" vehicles or equipment is not required to file under section 566.5. In still other letters (see, e.g., April 4, 1973 letter to Mr. Warren Morris and July 5, 1985 letter to Houston N. Tuel, Jr., Esq.), NHTSA stated that alterations which change vehicle category are sufficient to require the person making the alterations to file under 566.5.
After reviewing 49 CFR 566.5 in light of these earlier letters, we have concluded that alterers (persons required to attach a label under 49 CFR Part 567.7) are subject to the filing requirements of section 566.5. First, there is nothing in Part 566 which indicates that alterers are excluded from the filing requirements. Second, application of the filing requirements to alterers is consistent with one of the stated purposes of Part 566, facilitating the regulation of manufacturers under the Safety Act. As indicated above, section 567.7 requires an alterer to affix a label identifying itself and certifying that the altered vehicle continues to conform to all applicable Federal motor vehicle safety standards affected by the alteration. If the agency believes that there may be a safety problem with work that has been performed by an alterer, the information submitted under Part 566 makes it easier to find and contact the alterer. I note that the burden on manufacturers (including alterers) complying with section 566.6 is minimal.
3. CAN HE PURCHASE A NEW VEHICLE, DO THE ALTERING AND RESELL THE VEHICLE OR
MUST AN OWNER BRING THE VEHICLE TO HIM AND HAVE THE ALTERING DONE?
Modifications can be carried out both on new vehicles (prior to first sale to a consumer) and on used vehicles. As discussed above, however, different requirements apply to these two situations.
4. CAN THIS ALTERING AND RECERTIFYING BE DONE ONLY TO A NEW VEHICLE OR CAN THIS BE DONE TO A USED VEHICLE?
As discussed above, while modifications can be carried out both on new vehicles and on used vehicles, the certification requirements only apply to persons making modifications to new vehicles. Thus, a "certification" of a used vehicle would not have any legal significance under the Safety Act.
I note that your letter states that one of the ways the person may modify seats is to do upholstery work to reduce the number of people that can sit in a seat.
However, modifications to seat upholstery will not result in reduced designated seating capacity unless the modified design is such that the extra area CANNOT be used for seating. I have enclosed two letters to Nissan, dated 8/15/79 and 10/1/79, which explain our position in greater detail.
I hope this information is helpful to you. If you have any further questions or need some additional information, please feel free to contact David Elias of my staff at this address or by telephone at (202) 366-2992.