Interpretation ID: GF007048

Jose M. Hernndez, President
Service Public Commission
PO Box 190870
San Juan, Puerto Rico, 00919-0870
ATTN: Maria Roln-Castillo, Esq.

Dear Mr. Hernndez:

This responds to your letter regarding certain rules and procedures that may be applicable to ambulance manufacturers. Specifically, you ask about the certification process for ambulance manufacturers. You also ask whether an ambulance manufacturer must obtain permission or a license in order to manufacture ambulances, and whether non-registered parties can rebuild existing ambulances using replacement chassis. We apologize for the delay in responding.

The National Highway Traffic Safety Administration (NHTSA) issues Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and motor vehicle equipment. Chapter 301 of Title 49 of the United States Code, "Motor Vehicle Safety" (49 U.S.C. 30101 et seq.), establishes a "self-certification" process under which all motor vehicle manufacturers, including ambulance manufacturers, are responsible for certifying that their vehicles meet all applicable Federal motor vehicle safety standards.

An ambulance manufacturer need not obtain permission or a license from NHTSA in order to manufacture ambulances. However, under the requirements of Part 566 (a copy of which is enclosed), all manufacturers of motor vehicles must submit to NHTSA certain identifying information and a description of the items they produce. Specifically, a manufacturer must indicate: (a) the full individual, partnership, or corporate name of the manufacturer; (b) the residence address of the manufacturer and state of incorporation, if applicable; (c) a description of the motor vehicle produced, including approximate ranges of the gross vehicle weight rating. The vehicle description should be specific enough to indicate the intended use. [1]

NHTSA does not generally regulate rebuilding or re-manufacturing of used motor vehicles. However, if the rebuilding or re-manufacturing involved sufficient manufacturing operations, the vehicle could be considered to be newly manufactured. This would mean that it would be required to meet all applicable safety standards in effect at the time of rebuilding (re-manufacture), and to be certified as conforming to those standards.Because of the variety of fact situations involved, the agency has found it difficult to establish a general requirement, and it provides opinions on a case by case basis.

In the event your use of the term "rebuild" refers to converting, prior to first retail sale, a new vehicle or the completion of an incomplete vehicle chassis into an ambulance, then such a manufacturer would be considered either a "vehicle alterer" or a "final stage manufacturer." These entities are subject to the provisions of 49 CFR Part 567 and Part 568, which generally require the entities to certify that the given completed or modified vehicle meets or continues to meet all applicable FMVSS.

We also note that under 49 U.S.C. 30122, a manufacturer, distributor, dealer, or motor vehicle repair business "may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle" pursuant to an applicable Federal motor vehicle safety standard. Therefore, a manufacturer who undertakes to "rebuild" or convert a previously sold vehicle into an ambulance is subject to the prohibitions of this "make inoperative provision."

I hope you find this information helpful. If you have any other questions, please contact George Feygin of my staff at this address or by phone at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosure
ref:566
d.12/8/03