Interpretation ID: nht80-4.14

DATE: 10/28/80

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Messrs. Cross; Wrock; Miller & Vieson

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of September 17, 1980. In it you described the plan of your client, Model A and Model T Motor Car Reproduction Corp., to offer a modification of its Model A replica passenger car, currently produced under NHTSA Exemption No. 79-01, and you asked several questions regarding this modification.

Specifically, Model A wishes to offer a modification in which the rear section of the vehicle (rumble seat) is removed and replaced by a flat bed with sides. The seating capacity of the vehicle would be reduced to two passengers and the "modification will result in a vehicle configuration with the appearance of a Model A pickup truck." You have asked:

"1. As the modification will occur before complete manufacture of the vehicle, please confirm that the Company will not be considered as 'a person who alters certified vehicles' within the meaning of 49 CFR @ 568.8."

Since a vehicle cannot be said to comply until its manufacture is completed, and because certification is not legally required until the vehicle is delivered to a distributor, an alterer's statement is not required when modifications are made upon the assembly line by the certifying party itself, even if the certification label has been attached earlier in the manufacturing process.

You have also asked:

"2. Should the Company, for purposes of the certification required under NHTSA Exemption No. 79-01, treat the modified vehicle as a passenger car; or, in the alternative, should the Company certify the vehicle as a truck, relying on the same waivers granted the Company under NHTSA Exemption No. 79-01 (and to the extent necessary, the exemption granted for Safety Standard 109 (new pneumatic tires) and and Safety Standard 110 (tire and rim combinations) for the comparable non-passenger vehicle Safety Standards 119 and 120)."

The question of whether a vehicle is a "passenger car" or "truck" for purposes of compliance with the Federal motor vehicle safety standards must be answered by a manufacturer on the basis of the definitions contained in 49 CFR 571.3(b). Certainly the modification could be viewed as a "vehicle . . . designed for carrying 10 persons or less" (passenger car). But if it is "designed primarily for the transportation of property or special purpose equipment" it becomes a truck. Your letter does not indicate whether the "flat bed with sides" is intended to be load-bearing or merely decorative, or otherwise state the purpose for which its manufacturer intends it. If it is certified as a "passenger car," the exemptions in effect will apply to it.

We surmise, however, that the vehicle is intended as an alternate to the Model A passenger car, as a truck for carrying light loads. Certification as such would require compliance with Standards Nos. 119 and 120. Because the requirements differ from Standards Nos. 109 and 110, Exemption 79-01 would not cover the truck tire and rim standards, and Model A would either have to conform or apply for a temporary exemption.

We would, however, consider the vehicle as one covered by the original exemption if the modification results in no increase in the present gross vehicle weight rating stated on Model A's certification plate. An example of this would be if the modified vehicle's unloaded weight remains the same and its rated cargo load did not exceed 300 pounds (the equivalent of the reduction by two of the number of designated seats). This would insure that the modified vehicle's tires would bear no greater load than that of vehicles presently exempted and permit use of the exemptions currently in effect from the tire and rim standards.

I hope this answers your questions.

SINCERELY,

CROSS, WROCK, MILLER & VIESON COUNSELORS AT LAW

September 17, 1980

Frank Berndt, Esq. Acting Chief Counsel National Highway Traffic Safety Administration

Re: Model A and Model T Motor Car Reproduction Corp., NHTSA Exemption No. 79-01

Dear Mr. Berndt:

The Model A and Model T Motor Car Reproduction Corporation ("Company") has, since October 1, 1979, produced approximately 3,000 Model A passenger vehicles under the above-referenced Exemption. Because of the declining car market and the manufacturing cost increase, it is necessary, in order to promote sales for this vehicle, to offer a modification of the Model A passenger car. This modification entails removing the rear section of the vehicle (the rumble seat) and replacing it with a flat bed with sides. The resultant vehicle would have the added safety feature of eliminating the passenger seating that now exists in the rumble seat, and the modification would be done on the assembly-line before the vehicle is completed. Although the vehicle will in all respects be the same as the Model A passenger vehicle and would continue to be certified by the Company under NHTSA Exemption 79-01, such modification will result in a vehicle configuration with the appearance of a Model A pickup truck. In order to ensure proper compliance with the Exemption granted the Company, I would appreciate your review and response to the following items:

1. As the modification will occur before complete manufacture of the vehicle, please confirm that the Company will not be considered as "a person who alters