Interpretation ID: 1985-03.50

TYPE: INTERPRETATION-NHTSA

DATE: 10/11/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Mr. Warren H. Cox

TITLE: FMVSS INTERPRETATION

TEXT:

October 11, 1985 Mr. Warren H. Cox Haynesville Correction Unit #17 Haynesville, VA 22472 Dear Mr. Cox: Thank you for your recent letter to Stephen P. Wood of my staff asking about how our regulations would apply to a wooden structure placed in the bed of a dump truck. You explained that the structure is used to carry prisoners to and from work. I hope the following discussion will explain the effect of our regulations. Our agency has the authority under the National Traffic and Motor Vehicle Safety Act to issue safety standards applicable to new motor vehicles. Modify a vehicle before it is first sold. In the case of a "dump truck", the vehicle's manufacturer would have to comply with all our safety standards set for trucks. If the truck were altered prior to its first sale by the addition of seats in the cargo area, then the person performing the alterations would have to ensure that the seats complied with our standards. Once a vehicle is sold, the Vehicle Safety Act has no effect on vehicle modifications, unless the modification is made by a commercial business. Commercial businesses, such as dealers and motor vehicle repair shops, are prohibited from tampering with equipment installed on a vehicle in compliance with our standards. However, in making modifications to a used vehicle, commercial businesses do have to comply with the safety standards that would apply if the modifications are made before the vehicle is first sold. Furthermore, there are no Federal restrictions on the ability of vehicle owners to make modifications of any sort to their own vehicles, even if their modifications interfere with original safety equipment. The agency does, however, urge all vehicle owners to keep their vehicles safe for their intended uses, but we have no authority to compel them to do so. You asked about the application of several of our safety standards to the modified dump trucks. As discussed above, this agency's safety standards apply only to new vehicles and not to used vehicles that have been subsequently modified. As to the specific requirements you mentioned, roll-over tests apply only to new passenger cars (Standard No. 216) and new school buses (Standard No. 220). Likewise, the occupant crash protection requirements of Standard Nos. 201 and 208 and the flammability requirements of Standard No. 302 apply only to new vehicles. You also asked if the Virginia Department of Highways and Transportation has meet all our safety standards or whether they have been given a waiver. Federal safety standard apply only to vehicle manufacturers and not to State governments. Thus, there is no requirement that States adopt our standards. As discussed previously, Federal law permits vehicle owners, including a State government, to make any type of alteration t their vehicles. They must, however, comply with any restrictions on vehicle modification set by State law. Because we have no authority over owner-made vehicle alterations, we suggest you write to your State corrections or transportation officials to express your concerns. I appreciate your interest in contacting this agency and regret that we cannot be of further assistance. Sincerely, Original Signed By Jeffrey R. Miller Chief Counsel