Interpretation ID: 1985-03.7

TYPE: INTERPRETATION-NHTSA

DATE: 07/05/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Houston N. Tuel, Jr., Esq -- Coder and Tuel

TITLE: FMVSS INTERPRETATION

TEXT:

Houston N. Tuel, Jr., Esq. Coder & Tuel Suite 172 8801 Folsom Boulevard Sacramento, California 95826

This responds to your letter of February 4, 1985, inquiring about the applicability of 49 CFR Part 566, Manufacturer Identification, and 49 CFR Part 573, Defect and Noncompliance Reports, to your client, Stockton Dodge. I regret the delay in our response.

You asked whether Stockton Dodge, as a vehicle alterer, would be considered a manufacturer under the statutory definition of "manufacturer" in the National Traffic and Motor Vehicle Safety Act of 1966, as amended, 15 U.S.C. 1391, et seq. (the Act). Based on the information given, the answer is yes.

You state that Stockton Dodge purchases previously certified Dodge vans from Chrysler Corporation and converts them into school buses which are intended to be sold directly to school districts. The modifications made by your client include adding seats, strengthening the roof structure, and adding required warning lights and emergency equipment. You state that Stockton Dodge will certify the altered vehicles according to the requirements of 49 CFR Part 567.7, as complying with all Federal motor vehicle safety standards applicable to school buses.

Stockton Dodge sent a letter to the Administrator, dated March 7, 1985, stating that, beginning February 15, 1985, its school bus division would become a final-stage manufacturer. Stockton Dodge stated that they would purchase Dodge B350 vans from Chrysler Corporation with school bus options and would add equipment to alter these vehicles to Type 2 school buses, weighing under 10,000 GVWR. Under our regulations, your client is not considered a final-stage manufacturer because the definition of final-stage manufacturer in 49 CFR Part 568 applies to a person who finishes an incomplete vehicle.

This agency considers Stockton Dodge an alterer of previously certified motor vehicles, as indicated in your letter, who must comply with the certification requirements of 49 CFR 567.7. Your client's alterations change the vehicle type from a multipurpose van to a school bus and affect components necessary for compliance with safety standards. For these reasons, Stockton Dodge is a manufacturer within the meaning of the Act, as stated above. Stockton Dodge's letter dated March 7, 1985, contains the information required to be submitted under 49 CFR Part 566, Manufacturer Identification. The agency will consider this letter as the manufacturer identification for Stockton Dodge as an alterer.

This agency has also determined that an alterer is considered a manufacturer for the purposes of notification and recall for defects or noncompliance under the Act and is subject to the requirements of 49 CFR Part 573, Defect and Noncompliance Reports.

Please note that, under paragraph S4.1 of Standard No. 115, Vehicle Identification Number--Basic Requirements (VIN), Stockton Dodge, as the alterer, should use the VIN assigned by Chrysler Corporation, the original manufacturer of the vehicles.

If you have any further questions, please let me know.

Sincerely, Jeffrey R. Miller Chief Counsel

February 4, 1985 Mr. Frank Berndt Chief Counsel's Office National Highway Traffic and Safety Administration 400 7th Street, Room 5219 S.W. Washington, D.C. 20590

Re: Manufacturer Reporting Requirements

Dear Mr. Berndt:

On behalf of our client, Stockton Dodge, our firm requests your opinion whether Stockton Dodge must comply with the manufacturer identification requirements of Part 566 of 49 CFR and the defect and noncompliance reporting requirements of Part 573 of 49 CFR.

Stockton Dodge purchases Dodge vans from Chrysler that are safety certified and specially designed to be converted into small buses. Stockton Dodge then modifies the vans by adding seats, placing additional structural supports in the roof, and by adding all required warning lights and emergency equipment as required by both the federal and California state standards. The result is a small school bus.

Upon modification, Stockton Dodge will affix certification labels to the vehicles as altered, pursuant to Section 567.7 or Section 568.7 of 49 CFR.

Stockton Dodge then intends to sell the school buses directly to school districts.

It appears to us that a determination as to whether Stockton Dodge is subject to the manufacturer's identification reporting requirements depends on whether Stockton Dodge qualifies as a "manufacturer" under 15 U.S.C. 1391(5). In other words, is one who alters a vehicle already certified by its "final stage manufacturer" also considered a "manufacturer", or is he merely an "alterer" subject to the requirements of Section 567.7 and 568.7 of 49 CFR?

Please send your response to the above address. If there are any questions, please do not hesitate to call me at the above telephone number. Your help in clarifying this matter will be greatly appreciated.

Very truly yours, Houston N. Tuel, Jr. HNT:kh March 7, 1985

Administrator National Highway Traffic Safety Adm. 400 Seventh St. S.W. Washington, D.C. 20590

Please be advised that beginning February 15, 1985, the school Bus Division of Stockton Dodge Inc., a Delaware Corporation, will become a final stage manufacturer.

We will be purchasing Dodge B350 Vans from Chrysler Motor Corp. with all appropriate School Bus options, and then adding equipment to alter same to a mini School Bus, type 2, under 10,000 G V W.

Corporate Name: Stockton Dodge Inc. Residence Address: 540 N. Hunter St. Stockton, Ca. 95201