Interpretation ID: nht68-2.28
DATE: 09/19/68
FROM: AUTHOR UNAVAILABLE; Robert M. O'Mahoney; NHTSA
TO: Auto Sport Importers
TITLE: FMVSR INTERPRETATION
TEXT: In your letter of August 22 you have asked the following questions:
"If an automobile which is constructed by a small manufacturer, who does not produce his own chasis, but only the coachwork thereon is introduced into the U.S.A. by a U.S. distributor and in marketed under the name of the coachbuilder, who would be responsible for certification:
a) The manufacturer of the chassis who has already certified this chassis?
b) The coachbuilder or final assembler, under whose name the car is sold?
c) The U.S. distributor who is engaged in selling the vehicle.
It is my understanding from the facts you presented at the meeting of August 19 that you plan to purchase Triump chasses for direct shipment from England to Italy where a coachbuilder will mount bodies, the assembled vehicle then being shipped to the United States for sale. My answers to your questions will be framed accordingly.
(a) chassis manufacturer. Since the Triumph chassis is that of a vehicle currently imported into the United States for sale, it is probable that the chassis conforms to Federal motor vehicle safety standards involving components of the chassis. Put the chassis manufacturer has no formal certification responsbility under section 114 of the National Traffic and Motor Vehicle Safety Act of 1966 when the manufacturer and sale of the chassis occur outside the United States. Any "certification" he provides is strictly a matter of contract between the parties.
(b) coachbuilder or final assembler. Section 114 of the Act requires every "manufacturer or distributor" of a motor vehicle to furaish certification of the vehicle's conformance at the time of delivery of the vehicle to a distributor of dealer. This certification is to be permanently affixed to the vehicle and must be precent for the vehicle to be admitted into the United States. Accordingly the final assembler is the proper party to certify compliance.
(c) U.S. importer-distributor. No further certification by the importer or distributor is necessary for a motor vehicle imported into the United States which bears the certification of its manufacturer.
"2. If a chassis and engine is once certified by the original manufacturer, and providing the secondary manufacturer or coachbuilder does not modify this chassis, must the secondary manufacturer or the U.S. distributor recertify this chassis and engine or only the coachwork thereon?
(a) By whom must the mark or plague signifying certification be affixed?
It is the responsibility of the vehicle assembler to affix an appropriate certification of compliance of the completed motor vehicle with all applicable standards, no matter what "certification" or other assurances of compliance it may obtain from the chassis manufacturer.
August 22, 1968
Taylor Vinson, Attorney National Bureau of Highway Safety
We enjoyed meeting with you in Washington on Monday, August 19th and appreciated the courtesy shown to us by Frank Armstrong, Director of the Office of Program analysis; Eugene Laskin, Acting Director of the Office of Standards of Preparation; Joseph O'Gorman, chief of the Compliance Division and you as Attorney for the Department.
It is now apparent how necessary it is to have your first hand interpretation of all the new Federal legislation since our project is unique.
We will utilize chassis and engines from one manufacturere and especially designed bodies from another manufacturer. Naturally, the producers of the chassis and engines are concerned about their liability under present U.S. laws and regulations. These manufactures have therefore insisted upon a clear, written interpretation from your department before signing any contracts with us, or before proceeding any further with this project.
Pursuant to your suggestion at our meeting of August 19, 1958, we now suboit a request for a written answer to the following questions:
1. If an automobile which is constructed by a small manufacturer, who does not produce his own chassis, but only the coachwork thereon is introduced into the U.S.A. by a U.S. distributor and is marketed under the name of the coachbuilder, who, would be responsible for certification:
a) The manufacturer of the chassis who has already certified this chassis?
b) The coachbuilder or final assembler, under whose name the car is sold?
c) The U.S. distributor who is engaged in selling the vehicle.
liable for complience with the U.S. Safety Regulations?
liable for compliance with the U.S. Safety Regulations?
2. If a chassis and engine is once certified by the original manufacturer, and providing the secondary manufacturer or coachbuilder does not modify this chassis, must the secondary manufacturer or the U.S. distributor recertify this chassis and engine or only the coachwork thereon?
(a) By whom must the mark or plague signifying certification be affixed?
As you know, these questions have already been answered by you at our personal meeting, but we must have these statements in waiting for European chassis manufacturers. They are concerned as to their position legally and their responsibility in the U.S. so far as your office is concerned.
Again, may I thank you for your promot and sincere attention to this matter and to others which we discussed at our meeting in Washington.
Michael Wolf