Interpretation ID: 77-2.46

TYPE: INTERPRETATION-NHTSA

DATE: 06/03/77

FROM: AUTHOR UNAVAILABLE; Joseph J. Levin Jr.; NHTSA

TO: E.D. Etnyre & Co.

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your March 30, 1977, letter asking whether the rebuilding of a motor vehicle with all new running gear and an old body constitutes the manufacture of a new motor vehicle requiring compliance with Federal regulations.

In the rebuilding operation you describe, you retain the old body tank structure while replacing the entire running gear assembly. The National Highway Traffic Safety Administration (NHTSA) has determined by regulation in 49 CFR 571.7(f) that the rebuilding of a motor vehicle using old running gear with a new body does not constitute the manufacture of a new motor vehicle. The vehicle will be considered newly manufactured unless, at a minimum, the trailer running gear assembly is not new and was taken from an existing trailer whose identity is continued with respect to the Vehicle Identification Number. In addition, the trailer must be owned or leased by the same party both before and after the remanufacture. Since the running gear with which you plan to equip your vehicle is new, your operation constitutes the new manufacture of a vehicle.

You ask secondly what portion of the running gear can be replaced as normal repairs without such replacement being considered the manufacture of a new vehicle. You may replace any part of the running gear assembly that breaks or malfunctions during operation of the motor vehicle. The NHTSA would consider this to be normal maintenance of the vehicle, not subject to the requirements applicable to vehicle manufacture.

SINCERELY,

E.D. ETNYRE & CO.

March 30, 1977

U.S. Department of Transportation National Highway Traffic Safety Administration

Attention: Legal Counsel

We are manufacturers of tank type truck bodies and trailers with running gear.

On a somewhat irregular basis, we receive requests from users of this equipment to perform certain repairs.

Our specific question at this time relates to repairs done to the running gear of trailers and whether an involvement with 49CFR 571.7(f) concerning new and used components is incurred.

1. If the present tank structure and upper fifth wheel coupler are reused in conjunction with a totally new running gear assembly, is the vehicle still a used vehicle for the purpose of the applicability ruling regarding conformance to federal regulations?

2. If the preceding answer is no, what portion of the running gear - wheels, axles, brakes and suspension - can be replaced as normal repairs without changing the status to "new"?

For the purpose of this inquiry the vehicle identification is continued and ownership is retained.

Jackson Decker Chief Product Engineer