United States Department of TransportationInterpretation ID: 3322o
Vice President
Cottle Industries
1103 Musser St.
Muscatine, Iowa 52761
Dear Mr. Clark:
Thank you for your letter in which you requested confirmation of your company's status as an alterer of motor vehicles, pursuant to 49 CFR Part 567.7. You stated that your company, Cottle Industries, takes a new Honda moped that is certified as complying with all applicable safety standards, removes the plastic body shell and seating components, and adapts the vehicle for the use of wheelchair riders. Now called the Chariot, the modified moped allows the wheelchair bound to gain access to public roads and highways without having to ride in vans. You assert that the Honda front end and drive train components continue to retain their integrity. You enclosed a brochure describing the Chariot.
I am pleased to have this opportunity to explain our regulations to you. Some background information on Federal motor vehicle safety laws and regulations may be helpful. As you are aware, our agency is authorized, under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.; Safety Act), to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA, however does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.
Based on the facts set forth in your letter, it appears that Cottle Industries would be considered an alterer for the purposes of Part 567, Certification (copy enclosed). Alterers that are required to affix certification labels in accordance with 567.7 are defined in that section as follows:
A person who alters a vehicle that has previously been certified in accordance with 567.4 or 567.5, other than by the addition, substitution, or removal of readily attachable components such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, ... before the first purchase of the vehicle in good faith for purposes other than resale, shall allow the original certification label to remain on the vehicle, and shall affix to the vehicle an additional label of the type and in the manner and form described in 567.4, containing the following information: * * * * *
Cottle Industries does alter previously certified vehicles (the Honda mopeds) before the first purchase of the mopeds in good faith for purposes other than resale. The only conditions in which Cottle would not be required to affix its own certification labels to each moped that it modifies would be:
1. The modifications consisted solely of "readily attachable components;" or
2. The modifications were only "minor finishing operations."
Based on the information you have provided, neither of these exceptions would apply in your company's case. Your company cuts the frame of the Honda moped being modified into two sections and then welds those sections to a new tubular steel frame. This new steel frame for the vehicle is not a "readily attachable component." Similarly, the operations performed by your company on the Honda mopeds appear to be far more sophisticated than "minor finishing operations." Accordingly, Cottle Industries appears to be an alterer subject to the requirements of 49 CFR 567.7. In this case, 567.7 requires that:
(1) The alterer supplement the existing manufacturer certification label by affixing an additional label stating that the vehicle as altered conforms to all applicable Federal motor vehicle safety standards as well as stating the firm or individual name of the alterer and the month and the year in which the alterations were completed (see 567.7(a)); (2) The modified values for the vehicle be provided as specified in 567.4(g)(3) and (5), if the gross vehicle weight ratings or any of the gross axle weight ratings of the vehicle as altered are different from those shown on the original certification label (see 567.7(b)); and: (3) The type classification be provided, if the vehicle as altered has a different type of classification from that shown on the original certification.
In addition to these certification requirements, an alterer is considered a "manufacturer" for the purposes of the Safety Act. Among other things, this means an alterer is responsible for notification and remedy of defects related to motor vehicle safety and noncompliances with applicable Federal motor vehicle safety standards, as specified in sections 151-160 of the Safety Act, and alterers are subject to the requirements of 49 CFR Part 573, Defect and Noncompliance Reports.
For the purposes of our safety standards, the Chariot would appear to be classified as a "motorcycle." A "motorcycle" is defined at 49 CFR 571.3 as "a motor vehicle with motive power having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground." I am enclosing a publication entitled "Federal Vehicle Safety Standards and Procedures," which indicates those standards that apply to motorcycles. I am also enclosing a general information sheet for new manufacturers that gives a general description of the applicable regulations, and explains how to get copies of those regulations.
You also indicated that your company plans to leave in place on the altered vehicles the vehicle identification number (VIN) originally assigned by Honda to the vehicles. Standard No. 115, Vehicle Identification Number - Basic Requirements (49 CFR 571.115) applies to all motorcycles. Section S4.1 of Standard No. 115 provides in part that: "Vehicle alterers, as specified in 49 CFR 567.7, shall utilize the VIN assigned by the original manufacturer of the vehicle." Accordingly, your company as an alterer is required to leave in place the VINs originally assigned by Honda.
If you have any further questions or need additional information on this subject, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.
Sincerely,
Erika Z. Jones Chief Counsel
Enclosures
/ref:567#115 d:12/19/88