Interpretation ID: nht80-4.15

DATE: 10/28/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Guenther Auto Works

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of September 26, 1980 providing further information on your proposed manufacturing operation. I am pleased you found our earlier response "most workable and least bureaucratic" and hope that you will find this letter equally so.

A vehicle consisting of a new body on a used chassis, and retaining the same title, is a "used" vehicle, which does not have to meet the Federal safety standards that apply to new vehicles. If you were using the chassis of vehicles built on or after January 1, 1968, the resulting vehicle would have to meet the standards that applied when the original vehicle was built. However, there were no vehicle safety standards that applied before January 1, 1968 so your contemplated use of a 1964 chassis (or 1965-67 for that matter) frees you totally of responsibility for vehicle safety standards compliance, no matter whether you are a kit supplier or end assembler, or are using new or reconditioned components.

A few of our safety standards, however, apply to equipment items, specifically brake hoses, brake fluid, lighting equipment, tires, glazing, seat belt assemblies, and wheelcovers/hub caps. If you buy any of these items from an outside supplier, and the item is manufactured in the U.S.A., it is virtually certain that it will be certified by its manufacturers as meeting federal equipment standards. From your letter, it would appear that only the glazing standard (Standard No. 205) might be of concern to your operations since you write that you "will have constructed . . . glass panes . . . ." Glazing bearing the designation "AS-1" must be installed in the windshield of the new body. I am enclosing a copy of Standard No. 205 for your information.

Under the National Traffic and Motor Vehicle Safety Act you are a "manufacturer" with respect to any vehicle equipment you fabricate or vehicle you assemble. This means that in the event a "safety related defect" developed in your product, you would be obligated to notify the owners and remedy the defect. I enclose our "Part 573" which tells you how to file a defect report with us and "Part 577" which details how you notify purchasers and the optional remedies you may provide (See 577.5 (g)(i)(g)(v) and (g)(vi)). Finally, if you intend to assemble the vehicles yourself, or if you are fabricating glazing (or any other item covered by a Federal standard, you should submit the information required by our "Part 566" which I also enclose.

If you have any further questions we will, of course, be happy to answer them and we appreciate your wish to be informed of your obligations under Federal law.

Sincerely,

ATTACH.

SEPTEMBER 12, 1980

James A. Guenther -- Guenther Auto Works

Dear Mr. Guenther:

In reply to your letter of August 5, 1980, asking for copies of regulations that would apply to your proposed manufacturing operation, we must have more information if we are to help you.

The answers to these questions are needed. (A) Do you envision a "Kit car" type of operation in which an existing chassis is retained and a new body supplied. (B) What are the reconditioned components that you plan to use. (C) Will the vehicle carry a new car title or that of a vehicle previoully in use. (D) What parts will be new? What parts will be of your own manufacture?

We know of no other Federal agencies other than the Environmental Protection Agency and our own that regulate the production of passenger cars.

Sincerely, Frank Berndt -- Chief Counsel, NHTSA

9/26/80

Frank Berndt -- department of Transportation, NHTSA

Dear Mr. Berndt:

This letter is in Reference to NOA-30; copy of your correspondence is attached. Thank you for your efforts thus far. Your response was the most workable and least bureaucratic of any received.

In response to your specific questions in paragraph #2:

(A) At this time I intend to use a 1964 Chassis, the Balance of Equipment (body, etc.) To be newly constructed. If I follow this procedure, what effect will your agency have on my efforts? If I progress into kit car operations, how will this change the effect your Agency will have on my efforts?

(B) In regard to reconditioned components, I will offer the 1964 chassis mentioned above along with a mid-to-late '60's engine, rebuilt and modified (possibly) for slightly more power. Most else will be new (body, etc.)

(C) Titles in the state of Illinois, I believe, would be carried forward on such a vehicle. (I am currently writing to state capital as follow-up to your question.)

(D) As noted above, when I install new wiring, body, interior, etc., the finished products will have much of my own work included. I will design; constructed body seat mounts, seats, Dashboard, ETC. I will have constructed (probably) Handles, Glass Panes, Wire itself (although I will probably fashion wires into proper harnesses and circuits) will probably come from outside suppliers.

Hope you can help, based upon this information,

If more specifics are necessary, please let me know.

Sincerely, Mr. James A. Guenther, Guenther Auto Works, 3908 West Main - 8B, Belleville, Illinois 62223