Interpretation ID: 1982-1.31

TYPE: INTERPRETATION-NHTSA

DATE: 03/26/82

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Baily Ford, Inc.

TITLE: FMVSR INTERPRETATION

TEXT:

March 26, 1982

Mr. Lloyd L. Bailey President Bailey Ford, Inc. West Main Street Road Malone, NY 12953

Dear Mr. Bailey:

This responds to your letter of December 4, 1981, requesting current regulations on installing a glider kit on an existing truck chassis. Your letter also asked about regulations on repowering a truck from gas to diesel, changing axles, and transmission changes. We apparently did not receive your letter of October 16 and regret the delay in responding.

Title 49 Code of Federal Regulations Part 571.7(e), Combining new and used components, is the agency's regulation on glider kits. It states that when a new cab is used in the assembly of a truck, the truck will be considered newly manufactured for the purpose of complying with Federal motor vehicle safety standards unless the engine, transmission, and drive axle(s) (as a minimum) of the assembled vehicle are not new, and at least two of these components were taken from the same vehicle. We have enclosed a copy of Part 571.7 for your convenience.

In a telephone conversation with Edward Glancy of this office, you indicated that you plan to add a new cab and other components to an existing vehicle's engine and axles. Unless you also use a transmission that is not new, the truck would be considered newly manufactured under Part 571.7(e). If the truck is newly manufactured under that Part, you must certify compliance with all applicable current Federal motor vehicle safety standards.

If the truck is not considered newly manufactured under Part 571.7(e), the changes would be considered in the nature of repairs and certification would not be required. However, under section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act, you as a repairer of a vehicle other than your own must not knowingly render inoperative the vehicle's compliance with an applicable Federal motor vehicle safety standard. This would mean that the reassembled truck with the glider kit installed must continue to meet the standards that it met before the alteration.

The agency does not have specific regulations concerning repowering a truck from gas to diesel, changing axles, or transmission changes. In making such changes, however, a person other than the vehicle's owner must not knowingly render inoperative the vehicle's compliance with any applicable Federal motor vehicle safety standard (except temporarily during the course of repairs).

The changes you refer to could affect compliance with a number of safety standards. For example, repowering a truck from gas to diesel could affect compliance with Standard No. 301, Fuel System Integrity. Changing axles could affect compliance wit standards in such areas as braking and tires.

We suggest that you examine the various Federal motor vehicle safety standards before making such changes. Due to the volume of requests, the agency does not provide copies directly. We have, however, enclosed an information sheet entitled "Where to Obtain Motor Vehicle Safety Standards and Regulations."

In your telephone conversation with Mr. Glancy, you asked what model year designation should be given when a glider kit is used. This agency is interested in the compliance of motor vehicles with safety standards and does not regulate the model year designation of vehicles. However, it is our belief that a vehicle considered to be newly manufactured under Part 571.7(e) would receive a new registration, while other vehicles would continue to carry their original registration. State laws may cover the question. Further, you should consult with the Federal Trade Commission with respect to the legality of calling such vehicles new, since that agency is concerned with any consumer fraud that might arise when a vehicle with used parts is sold as a new vehicle.

Sincerely,

Frank Berndt Chief Counsel

Enclosures

December 4, 1981

Dept. of Transportation Nat'l Highway Traffic Safety Admin. Washington, D.C. 20590

Gentlemen: Would you please send us current regulations on installing a glider kit on an existing truck chassis; also regulations on repowering a truck from gas to diesel, changing axles and transmission changes.

We asked for this information back on October 16th, and never received a reply.

Very truly yours,

Lloyd L. Bailey President

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