Interpretation ID: nht69-2.26

DATE: 09/24/69

FROM: AUTHOR UNAVAILABLE; Francis Armstrong; NHTSA

TO: Arrow Trailers Incorporated

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of August 15, 1969, to Dr. Brennar that has been referred to this office, in which you asked whether the name of another company may be placed on the certification label affixed to vehicles manufactured by your company.

The question of "private brand" manufacturing was raised at various stages of rulemaking in respect to the certification regulations. It was decided that the certification label on a vehicle must show the name of the actual manufacturer. This information is important in the enforcement of standards and regulations under the Act. The Vehicle Safety Act, moreover, places primary responsibility for conformity to the standards and for certification of conformity, on the manufacturer, and the regulations are designed to implement that intent. You should note, however, that distributors of the vehicles in question share the responsibility for compliance with the standards to the extent of their knowledge, and participate in the certification by passing it along to dealers or other distributors.

We trust this will clarify the situation for you.