Interpretation ID: nht76-3.27

DATE: 05/12/76

FROM: AUTHOR UNAVAILABLE; Stephen P. Wood; NHTSA

TO: Willamette Wheel Inc.

TITLE: FMVSR INTERPRETATION

TEXT: I am writing in response to your April 21, 1976, telephone conversation with Mark Schwimmer of this office, concerning the modification work that you perform on previously certified Datsun pickup trucks, which consists of converting them from two-wheel- to four-wheel-drive vehicles.

As indicated in the October 30, 1975, letter from Richard B. Dyson to you, you are a vehicle alterer who is subject to the requirements of 49 CFR 567.7. That section requires that you affix a label to the vehicle stating that, as altered, the vehicle conforms to applicable Federal motor vehicle safety standards.

The Federal government does not certify or otherwise issue advance approval of motor vehicles. As Mr. Schwimmer explained, the statement on the label constitutes your certification of conformity. If you fail to provide this certification, or if in the exercise of due care you have reason to know that it is false or misleading, you are subject to civil penalties under the National Traffic and Motor Vehicle Safety Act of 1966, as amended.

All altered vehicles must comply fully with all applicable safety standards. Therefore, as Mr. Schwimmer further explained, you would not be relieved of the requirements of @ 567.7 simply by virtue of the fact that, as altered, the vehicle complied fully with the standards. You would be relieved of the requirements only if both of the following conditions were met:

(i) the alteration is performed solely by the addition, substitution, or removal of readily attachable components such as tire and rim assemblies, or by minor finishing operations such as painting; and

(ii) the stated weight ratings of the vehicle are still valid.

Because the conversion of the vehicles in question does not meet the first condition, you are subject to the requirements of @ 567.7. Please note further that, if your modifications affect the validity of the weight ratings assigned to the vehicles by Datsun, your label must show valid, modified ratings.

An information sheet entitled "Where to Obtain Federal Motor Vehicle Safety Standards and Regulations" is enclosed for your convenience.