Interpretation ID: nht76-3.38

DATE: 12/03/76

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: NAFDEM

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your July 23, 1976, request for clarification of certification responsibilities in the case of trucks that are manufactured in two or more stages. By virtue of our earlier correspondence, you are aware of the National Highway Traffic Safety Administration's (NHTSA) regulations for the assignment of these responsibilities (Part 567, Certification, and Part 568, Vehicles Manufactured in Two or More Stages).

With regard to the first two questions in your letter, the NHTSA considers the mounting of a used body on a new cab-chassis to be the manufacture of a motor vehicle that requires certification. In these cases, the incomplete vehicle document is provided along with the new cab-chassis. The replacement of a used body with a new one is not considered to be a manufacturing operation that requires certification of the vehicle as completed.

Your second and third questions ask whether the final-stage manufacturer of a tank truck may assume what commodity will constitute the cargo (e.g., bulk milk) as the basis for assiging the vehicle's gross vehicle weight rating (GVWR). Section 567.4 (g) (3) specifies that the GVWR determination be based on the "rated cargo load" which is determined by the final-stage manufacturer. It would appear reasonable for the final-stage manufacturer to use the weight of bulk milk as the basis for its calculation of rated cargo load, particularly where the tank was used for milk previously, and when the vehicle is completed by a member of a trade association specializing in food and dairy equipment manufacture.

Your fourth question raises the difficulty of certifying a completed vehicle in the case where the incomplete vehicle document is missing from the cab-chassis. You object that the final-stage manufacturer bears "the ultimate burden" of certification, when he does not have control over the entire manufacturing operation.

Section 114 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. @ 1403) mandates that the manufacturer of a vehicle certify compliance, and this constitutes a statutory requirement which is not subject to the control of the NHTSA. Part 568 requires provision of the incomplete vehicle document and represents the agency's judgement of the means by which the final-stage manufacturer can best be assisted in meeting the statutory obligation to certify compliance. The agency believes that the incomplete vehicle manufacturer would be in a position to supply a substitute document in the event the original document is lost.

In answer to your last question, @ 568.5 of our regulations provides that an intermediate-stage manufacturer (such as a person that adds or moves an axle) shall, if such changes affect the validity of statements in the incomplete vehicle document, furnish an addendum to the document that indicates appropriate changes that should be made in the document. Thus the intermediate-stage manufacturer that affects the weight rating set forth in the incomplete vehicle document must provide an addendum explaining the effect of the modifications. The responsibility for certification continues to remain with the manufacturer, who is the person exercising ultimate control over the components used in the axle system.

If, after having digested these comments, you still feel a meeting is necessary, please get in touch with our Engineering Systems Staff ((202) 426-2817) and one will be arranged.