Interpretation ID: nht95-2.76

TYPE: INTERPRETATION-NHTSA

DATE: May 11, 1995

FROM: Dennis T. Snyder, Esq.

TO: David Coleman -- NHTSA Administrator

TITLE: NONE

ATTACHMT: ATTACHED TO 6/14/95 LETTER FROM JOHN WOMACK TO DENNIS T. SNYDER (PART 566)

TEXT: Dear Mr. Coleman,

I have a client engaged in the manufacture of completed heavy duty dump trucks, vans and road tractors. The client obtains chassis-cabs previously produced by an intermediate manufacturer and adds dump bodies, van bodies or fifth wheels. The uniquen ess of the clients business is that the manufacturing work is performed on used chassis-cabs. For example, a chassis-cab which has been used as a road tractor for an indeterminate period may be manufactured into a dump truck by the removal of the fifth wheel and addition of a dump truck body.

The question is whether the client is a "final stage manufacturer" within the meaning of the National Traffic and Motor Vehicle Safety Act and, specifically, Parts 566, 567 and 568 of the regulations. (49 CFR 566, 567 and 568.) Stated another way, is the client relieved of an obligation to perform the certifications which would otherwise be required under Parts 567 and 568 because he is performing his manufacturing operations using used chassis-cabs rather than new ones?