ID: 7571

Mr. Bob Bullard
12400 W. I-20 E.
Odessa, TX 79765-9620

Dear Mr. Bullard:

This responds to your letter to me, received on July 8, 1992, and your letter to Mr. Walter Myers of my staff, received on July 28, 1992. Both letters concerned the installation of used tires as original equipment on new utility trailers.

Your second letter, more detailed than the first, referenced your telephone conversation with Mr. Myers of July 20, 1992 and asserted that of the more than 200,000 utility trailers manufactured annually, approximately 185,000 are shipped to dealers mounted with used tires. You expressed concern that with used tires installed, the rated load weight of those trailers would be inaccurate, and that used tires could fail, resulting in serious accidents. You also expressed concern that our regulation on the subject, 49 CFR 571.120, S5.1.3, is not widely known to trailer manufacturers and dealers or, if they do know about it, they do not fully understand it. You requested a simplified interpretation of the regulation, spelling out what manufacturers and dealers can and cannot do. You also asked about penalties for violation and who should be contacted for enforcement.

By way of background information, the National Traffic and Motor Vehicle Safety Act, 15 U.S.C. 1381 et seq. (Safety Act), gives the National Highway Traffic Safety Administration (NHTSA) the authority to prescribe safety standards for new motor vehicles and new items of motor vehicle equipment. Section 108(a)(1)(A) of the Act provides that no person may "manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States" any motor vehicle or item of motor vehicle equipment that does not conform with all applicable Federal motor vehicle safety standards. Violations of Safety Act provisions are punishable by civil fines of up to $1,000 per violation, with a maximum fine of $800,000 for a related series of violations.

Trailers are classified as motor vehicles under the terms of the Safety Act, and tires are classified as motor vehicle equipment. Both, therefore, are subject to our Federal motor vehicle safety standards.

S5.1.1 of Safety Standard No. 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars (copy enclosed), provides that, except as provided in S5.1.3, each vehicle equipped with pneumatic tires for highway service must be equipped with tires that meet the requirements of Safety Standard No. 109, New Pneumatic Tires--Passenger Cars, or Safety Standard No. 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars. Therefore, unless a new trailer with tires comes within the exception set forth in S5.1.3, it must be equipped with new tires that are certified to comply with Standard No. 109 or Standard No. 119. S5.1.3 reads as follows:

In place of tires that meet the requirements of Standard 119, a truck, bus, or trailer may at the request of a purchaser be equipped at the place of manufacture of the vehicle with retreaded or used tires owned or leased by the purchaser, if the sum of the maximum load ratings meets the requirements of S5.1.2. Used tires employed under this provision must have been originally manufactured to comply with Standard 119, as evidenced by the DOT symbol.

What this means is that the following five conditions must be met for a trailer manufacturer to install retreaded or used tires on a new trailer (or for a dealer to sell a new trailer equipped with retreaded or used tires):

1. The purchaser must request such retreaded or used tires;

2. The used or retreaded tires must be installed at the trailer's place of manufacture;

3. The used or retreaded tires to be installed must be owned or leased by the purchaser;

4. The sum of the maximum load ratings of the used or retreaded tires on each axle must be not less than the gross axle weight rating of that axle (required by S5.1.2); and

5. Used tires installed on the vehicle must have been originally manufactured to comply with Standard No. 119 and contain the DOT certification symbol on the sidewalls.

The exception set forth in S5.1.3 accommodates a longstanding and widespread practice in which fleet operators send tires from their tire banks to vehicle manufacturers for installation on the new vehicles that they buy. A tire bank is composed of tires with usable tread left on them which have been removed from vehicles no longer in service.

NHTSA's Office of Enforcement has responsibility for enforcing the Federal motor vehicle safety standards. If you wish to report possible noncompliances with Standard No. 120, you may contact Mr. Robert Hellmuth, Director, Office of Vehicle Safety Compliance, Office of Enforcement, at this address.

I hope this information will be helpful to you. If you have any further questions regarding this matter, please feel free to contact Mr. Walter Myers of my staff at this address or at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel

Enclosure

Ref. #120 d:9/4/92

ID: nht92-4.16

DATE: September 4, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Bob Bullard

TITLE: None

ATTACHMT: Attached to 7/1/92 (EST) letter from Bob Bullard to Walter Myers (OCC-7571)

TEXT:

This responds to your letter to me, received on July 8, 1992, and your letter to Mr. Walter Myers of my staff received on July 28, 1992. Both letters concerned the installation of used tires as original equipment on new utility trailers.

Your second letter, more detailed than the first, referenced your telephone conversation with Mr. Myers of July 20, 1992 and asserted that of the more than 200,000 utility trailers manufactured annually, approximately 185,000 are shipped to dealers mounted with used tires. You expressed concern that with used tires installed, the rated load weight of those trailers would be inaccurate, and that used tires could fail, resulting in serious accidents. You also expressed concern that our regulation on the subject, 49 CFR S571.120, S5.1.3, is not widely known to trailer manufacturers and dealers or, if they do know about it, they do not fully understand it. You requested a simplified interpretation of the regulation, spelling out what manufacturers and dealers can and cannot do. You also asked about penalties for violation and who should be contacted for enforcement.

By way of background information, the National Traffic and Motor Vehicle Safety Act, 15 U.S.C. S1381 et seq. (Safety Act), gives the National Highway Traffic Safety Administration (NHTSA) the authority to prescribe safety standards for new motor vehicles and new items of motor vehicle equipment. Section 108(a) (1)(A) of the Act provides that no person may "manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States" any motor vehicle or item of motor vehicle equipment that does not conform with all applicable Federal motor vehicle safety standards. Violations of Safety Act provisions are punishable by civil fines of up to $1,000 per violation, with a maximum fine of $800,000 for a related series of violations.

Trailers are classified as motor vehicles under the terms of the Safety Act, and tires are classified as motor vehicle equipment. Both, therefore, are subject to our Federal motor vehicle safety standards.

S5.1.1 of safety Standard No. 120, Tire Selection and Rims for Motor Vehicles other Than Passenger Cars (copy enclosed), provides that, except as provided in S5.1.3, each vehicle equipped with pneumatic tires for highway service must be equipped with tires that meet the requirements of Safety Standard No. 109, New Pneumatic Tires--Passenger Cars, or Safety Standard No. 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars. Therefore, unless a new trailer with tires comes within the exception set forth in S5.1.3, it must be equipped with new tires that are certified to comply with Standard No. 109 or Standard No. 119. S5.1.3 reads as follows:

In place of tires that meet the requirements of Standard 119, a truck, bus, or trailer may at the request of a purchaser be equipped at the place of manufacture of the vehicle with retreaded or used tires owned or leased by the purchaser, if the sum of the maximum load ratings meets the requirements of S5.1.2. Used tires employed under this provision must have been originally manufactured to comply with Standard 119, as evidenced by the DOT symbol.

What this means is that the following five conditions must be met for a trailer manufacturer to install retreaded or used tires on a new trailer (or for a dealer to sell a new trailer equipped with retreaded or used tires):

1. The purchaser must request such retreaded or used tires;

2. The used or retreaded tires must be installed at the trailer's place of manufacture;

3. The used or retreaded tires to be installed must be owned or leased by the purchaser;

4. The sum of the maximum load ratings of the used or retreaded tires on each axle must be not less than the gross axle weight rating of that axle (required by S5.1.2); and

5. Used tires installed on the vehicle must have been originally manufactured to comply with Standard No. 119 and contain the DOT certification symbol on the sidewalls.

The exception set forth in S5.1.3 accommodates a longstanding and widespread practice in which fleet operators send tires from their tire banks to vehicle manufacturers for installation on the new vehicles that they buy. A tire bank is composed of tires with usable tread left on them which have been removed from vehicles no longer in service.

NHTSA's Office of Enforcement has responsibility for enforcing the Federal motor vehicle safety standards. If you wish to report possible noncompliances with Standard No. 120, you may contact Mr. Robert Hellmuth, Director, Office of Vehicle Safety Compliance, Office of Enforcement, at this address.

I hope this information will be helpful to you. If you have any further questions regarding this matter, please feel free to contact Mr. Walter Myers of my staff at this address or at (202) 366-2992.

(Enclosure omitted)

ID: 86-1.39

TYPE: INTERPRETATION-NHTSA

DATE: 02/17/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Ralph Trimarchi -- President, Trimco International Sales

TITLE: FMVSS INTERPRETATION

ATTACHMT: 3/1/86 (EST) letter from Erika Z. Jones to Dipl.-Ing F. Vapenicek (Nova Hut Klementa Gottwalda)

TEXT:

Mr. Ralph Trimarchi President Trimco International Sales P.O. Box 322 Flushing, NY 11358

This responds to your letter seeking information about the Federal requirements applicable to automotive wheels that are to be imported into the United States. There are two Federal Motor Vehicle Safety Standards that apply to wheel rims, one for rims for passenger cars and the other for rims for other types of motor vehicles. It is not clear whether your reference to "automotive wheels" is limited to passenger car wheels, so I have included a discussion of the requirements for both types of wheels. None of our standards set requirements for the parts of the wheel assembly other than the rim.

The two potentially applicable standards are No. 110, Tire selection and rims - passenger cars, and No. 120, Tire selection and rims for motor vehicles other than passenger cars. I have enclosed copies of both standards, along with Standards No. 109 and No. 119, which are applicable to tires and are referenced in the rim standards. For those passenger car rims you wish to import, section S4.4 of Standard No. 110 specifies two requirements. First, the rim must be constructed to the dimensions of one of the rims that is listed under the definition of a test rim in Standard No. 109. This means that the rim must comply with the dimensional specifications shown for that rim size in the current publications of specified standardization organizations, such as the Tire & Rim Association or the European Tyre and Rim Technical Organisation. Second, in the event of a rapid loss of inflation pressure with the vehicle travelling in a straight line at 60 miles per hour, the rim must retain the deflated tire until the vehicle can be stopped with a controlled braking application.

For those rims you import for use on vehicles other than passenger cars, Standard No. 120 also specifies two requirements. The first requirement, set forth in section S5.1.1, is that the rims on a vehicle must correspond with the size tire on the vehicle, i.e., be listed as suitable by the tire manufacturer, pursuant to either Standard No. 109 or No. 119. This would be done in the publications of the standardization organizations, as explained above. This requirement is the responsibility of any vehicle manufacturer that uses your rims as original equipment, since only it would know what size tires will be installed on the vehicle. The second requirement, set forth in section S5.2, is that the rim be marked by the rim manufacturer with five specified items of information. These are:

1. A specified designation indicating the source of the rim's published nominal dimensions:

2. The rim's size designation and, in the case of multipiece rims, the rim type designation;

3. The symbol DOT, which constitutes a certification by the rim manufacturer that the rim complies with the applicable requirements of the safety standards:

4. A designation identifying the rim manufacturer by name, trademark or symbol; and

5. The month and year in which the rim was manufactured.

You stated that you wanted to learn if the rims were subject to any tests by the Department of Transportation. The United States does not use a certification process similar to the European countries, in which the manufacturer delivers the rims to be certified to a governmental entity, and that entity tests the rims to determine if they can be certified as complying with the applicable standards. Instead, in the United States, the individual rim manufacturer must certify that its rims comply with comply with all applicable standards. The certification need not be based on actual tests: the only requirement is that the manufacturer exercise due care in making the certification. Obviously, with respect to the requirements for rims, a manufacturer as defined below is not expected to test if the rims have the necessary markings and if the rim size is listed in one of the standardization organization publications.

You should also be aware of the fact that section 102(5) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1391(5)) treats both the actual manufacturer and the importer of a wheel as its manufacturer. If either the manufacturer or this agency determines that the imported rims do not comply with the requirements of the above-described safety standards or determine that the rims contain a defect related to motor vehicle safety, the manufacturer would be required to remedy the defect or noncompliance. Section 154 (a)(2)(B) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1414(a)(2)(B)) specifies that, if the rims fail to comply within applicable safety standard or contain a safety related defect, the manufacturer must notify purchasers of the safety-related defect or noncompliance and must either:

1. repair the rim so that the defect or noncompliance is removed, or

2. replace the rim with an identical or reasonably equivalent rim that does not have a defect or noncompliance.

Whichever of these options is chosen, the rim manufacturer must bear the full expense and cannot charge the rim owner for the remedy if the rim was first purchased less than 8 years before the notification campaign.

In the event that neither the importer nor the actual manufacturer satisfied an obligation imposed on a "manufacturer" by the Act or our regulations, the agency would consider taking enforcement action against both parties. Any such obligation, however, may be completely satisfied by either party.

Additionally, I am enclosing copies of two procedural rules which apply to all parties subject to the regulations of this agency. The first is 49 CFR Part 566, Manufacturer Identification. This requires either the actual manufacturer of the rims or your company as the importer to submit your name, address, and a brief description of the items of equipment you manufacture to the agency within 30 days of the date these wheels arrive in the United States.

The other regulation is 49 CFR Part 551, Procedural Rules. This regulation requires the actual manufacturer of these rims to designate a permanent resident of the United States as the manufacturer's agent for service of process in this country. Your company may be designated as the agent, if the manufacturer so chooses. Part 551 specifies that the designation of agent must contain the following six items of information:

1. A certification that the designation is valid in form and binding on the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made:

2. The full legal name, principal place of business, and mailing address of the manufacturer;

3. Marks, trade names, or other designations of origin of any of the manufacturer's wheels and rims that do not bear its name:

4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer:

5. A declaration of acceptance duly signed by the agent appointed by the manufacturer, and that agent may be an individual, firm, or U.S. corporation: and

6. The full legal name and address of the designated agent.

This designation must be received by this agency before these wheels and rims are imported into the United States.

If you need further information, or a clarification of any of the information set forth herein, please contact Steve Kratzke of my staff at this address or by telephone at (202) 426-2992.

Sincerely,

Erika Z. Jones

Chief Counsel

Enclosures

11/6/85 Office of Cheif Council National Highway Traffic Safety Adm. 400 7th. St. S.W. Washington, 20590

Dear sir,

I own an import/export company in New York and I am planning on importing automotive wheels from Italy. With regards to this, I would like to know if these wheels are subject to any applicable laws or tests by the Dept. of Transportation. If so, please direct me as to the steps involved if not, send a letter stating such.

Thanking you in advance, I remain,

Sincerly yours,

Mr. Ralph Trimarchi

President

RT/c

ID: 0596

Mr. Michael A. Holmes
#503768, 7B10
Farmington Correctional Center
1012 West Columbia
Farmington, MO 63640-2902

Dear Mr. Holmes:

This responds to your letter of December 6, 1994, to the Secretary of Transportation, regarding the laws that apply to the manufacture of cars and light trucks. You have a design which you describe as "hydrogen turbine over electric."

The principal law that the Department of Transportation administers that pertains to the construction of motor vehicles is Title 49 United States Code Chapter 301 - Motor Vehicle Safety. Under its authority, we have issued the Federal Motor Vehicle Safety Standards and other pertinent regulations. These are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402 at an invoiced cost of around $25. The title of the volume you want is "49 CFR Parts 400-999"; all our regulations are in the 500 series. The Safety Standards are at Part 571. The applicability section of each standard informs the reader as to the types of vehicles to which it applies, such as passenger cars, motorcycles, etc. However, the standards don't differentiate between propulsion sources, and there are no standards that apply to "electric vehicles," or, in your case, "hydrogen turbine over electric."

You should be aware that the Environmental Protection Agency establishes standards for motor vehicle emissions, and that the individual States are permitted to have their own standards in areas where the Department of Transportation has not acted, such as horns and fog lamps.

If you have any further questions, they should be directed to this Office and we will be pleased to answer them.

Sincerely,

Philip R. Recht Chief Counsel ref:571 d:1/11/95

ID: nht88-4.2

TYPE: INTERPRETATION-NHTSA

DATE: 11/03/88

FROM: MELANIE TURNER -- QUALITY CONTROL DIAMOND STAR MOTORS

TO: ERICA Z. JONES -- CHIEF COUNCIL NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 06/26/89 FROM STEPHEN P. WOOD -- NHTSA TO MELANIE TURNER; REDBOOK A33 [2]; STANDARD 205; LETTER DATED 08/31/84 FROM FRANK BERNDT -- NHTSA TO TOYOTA MOTOR CORPORATION; STANDARD 205; LETTER DATED 04/13/78 FROM JOSEPH J. L EVIN -- NHTSA TO MOE PARE; NOA 30; STANDARD 205

TEXT: Dear Ms. Jones,

Diamond Star Motors is presently producing cars for Chrysler and Mitsubishi. In order to insure that DSM is meeting FMVSS STD 205 (Glass Markings) without fail we'd like to request a written interpretation of this Standard for clarification purposes. P lease address the following questions:

1. Must the manufacturer markings be in a specified position on the glass (particularly side door glass?) If so, what are the specifications?

2. Must the manufacturing markings be readily and completely visible without dissassembly of the vehicle and without manually moving any molding in order to make markings more visible to the eye?

3. Must the markings be readily readable in a certain position? For example . . . from left to right, right to left, right-side up, or up side down?

4. Must the markings be readable from the outside of the car of the inside of the car?

5. What is the specification for the height of the lettering, point size, and dimensioning of the markings?

6. What does the content of these labels consist of?

Thank you for your cooperation. I greatly appreciate your assistance in supplying any additional information with reguards to this topic. I look forward to hearing from you as soon as possible. Your reply is critical to the quality of our cars.

Thank you,

ID: 1985-04.36

TYPE: INTERPRETATION-NHTSA

DATE: 11/25/85

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Richard Pertz

TITLE: FMVSS INTERPRETATION

TEXT:

November 25, 1985 Richard Pertz, Esq. Julian & Pertz, P.C. 1629 Oneida Street Utica, NY 13501 Dear Mr. Pertz: I regret the delay in replying to your letter of July 12, 1985, regarding interpretations of Standard No. 111, Rearview Mirrors. You asked whether the agency has issued any interpretations concerning S5.1.2 of the standard. In addition, you asked whether Ford Motor Company had submitted to the National Highway Traffic Safety Administration (NHTSA) any interpretations of paragraph S5.1.2 of Standard No. 111, regarding requirements for mounting inside rearview mirrors in passenger cars. This agency administers the National Traffic and Motor Vehicle Safety Act of 1966. As part of its responsibilities, this office issues interpretations of safety standards, upon written request. This agency has issued two interpretations of S5.1.2 of Standard No. 111. Copies of these interpretations are enclosed. In addition, NHTSA's Office of Vehicle Safety Compliance investigated the compliance of different makes of passenger cars with Standard No. 111 between 1977 and 1981. The Ford passenger car models tested were the Ford LTD, Econoline, and Fiesta and the Mercury Zephyr and Cougar. As a part of its submission to the agency in these investigations, Ford provided information on its compliance with S5.1.2. The files are available on microfiche from the Technical Reference Office, Room 5108 (202-426-2768) at the address shown above, and the file numbers are CIR Nos. 1708, 2062, 2063, 2064, and 2245. Your request in your letter of September 3, 1985, for comments by Ford on notices of proposed rulemaking on Standard No. 111 has been referred to the Docket Section. They will reply directly to you regarding this information. I hope this information is helpful to you. Sincerely, Original Signed By Erika Z. Jones Chief Counsel Enclosures

ID: nht93-2.42

DATE: March 31, 1993

FROM: Michael Love -- Manager, Compliance, Porsche Cars North America, Inc.

TO: Mary Versailles -- Office of Chief Counsel, NHTSA

TITLE: Request for Interpretation

ATTACHMT: Attached to letter dated 7-8-93 from John Womack to Michael Love (A41; Std. 208; Std. 209; Std. 210; Part 571)

TEXT:

Under provisions of 49 CFR 571.208 S 4.1.4.2, integral Type seat belts are required at rear outboard seating positions of passenger cars. "Designated seating position" is defined in 571.3(b) as a location capable of accommodating a 5th percentile adult female. In certain instances, rear seats can at certain times meet the definition of designated seating position and other times not. For example, a seat with a folding seat back may be a seating position with the seat back in the up position and not with the seat back folded forward over the seat base. Another example of this could be if a platform or other device has several positions, one of which covers the seat so as to remove the necessary room to meet the designated seated position criteria.

Porsche's interpretation of such situations where a seat sometimes meets the designated seating position criteria is as follows:

- When the seat meets the criteria, then seat belts must be provided according to the requirements of 571.208. In addition, those belts, since required by 571.208, must also meet the requirements of 571.209 and 571.210.

- When the seat does not meet the criteria, then seat belts are no longer required by 571.208. Any seat belts provided in this situation must no longer meet requirements of 571.208, 209 or 210.

Porsche requests NHTSA's concurrence with this interpretation. If you should have any questions, please contact me at 702/3483198.

ID: nht95-1.21

TYPE: INTERPRETATION-NHTSA

DATE: January 11, 1995

FROM: Philip R. Recht -- Chief Counsel, NHTSA

TO: Mr. Michael A. Holmes -- Farmington Correctional Center

TITLE: NONE

ATTACHMT: Attached to 12/6/94 letter from Michael A. Holmes to Federico F. Pena (OCC 10596)

TEXT: Dear Mr. Holmes:

This responds to your letter of December 6, 1994, to the Secretary of Transportation, regarding the laws that apply to the manufacture of cars and light trucks. You have a design which you describe as "hydrogen turbine over electric."

The principal law that the Department of Transportation administers that pertains to the construction of motor vehicles is Title 49 United States Code Chapter 301 - Motor Vehicle Safety. Under its authority, we have issued the Federal Motor Vehicle Safe ty Standards and other pertinent regulations. These are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402 at an invoiced cost of around $ 25. The title of the volume you want is "49 CFR Parts 400-99 9"; all our regulations are in the 500 series. The Safety Standards are at Part 571. The applicability section of each standard informs the reader as to the types of vehicles to which it applies, such as passenger cars, motorcycles, etc. However, the standards don't differentiate between propulsion sources, and there are no standards that apply to "electric vehicles," or, in your case, "hydrogen turbine over electric."

You should be aware that the Environmental Protection Agency establishes standards for motor vehicle emissions, and that the individual States are permitted to have their own standards in areas where the Department of Transportation has not acted, such a s horns and fog lamps.

If you have any further questions, they should be directed to this Office and we will be pleased to answer them.

Sincerely

ID: 8477a

Mr. Christopher Banner
618 Osage Street
Manhattan, KS 66402

Dear Mr. Banner:

This responds to your request for an interpretation of how NHTSA's regulations would apply to some manufacturing operations you are contemplating. I apologize for the delay in this response. In a telephone conversation with Dorothy Nakama of my staff, you explained that you would like to start producing vehicles based on Ford pickup truck chassis. Some of these Ford chassis would come from wrecked vehicles that you would strip down to the frame, and others would be new chassis that you would purchase directly from Ford. You would then install new bodies on top of some of these chassis and offer them for sale as completed vehicles. You also would like to offer some of these bodies and chassis for sale as "kit cars." In the "kit car" version, you would sell the body and chassis to the purchaser of the kit, and the purchaser of the kit would have to furnish some other parts in order to complete the vehicle.

This agency's Federal motor vehicle safety standards apply to new motor vehicles and new items of motor vehicle equipment. Federal law does not require motor vehicles and items of motor vehicle equipment to continue to comply with the safety standards after the first purchase of the vehicle or equipment item in good faith for purposes other than resale. However, Federal law does prohibit any manufacturer, distributor, dealer, or repair business from knowingly "rendering inoperative" compliance with a safety standard for a vehicle or item of equipment. See 15 U.S.C. 1397(a)(1)(A), (a)(2)(A), and (b)(1).

1. New Body on New Chassis. All vehicles you produce by installing a new body on a new chassis would be considered new vehicles. You would have to certify that each of those vehicles conformed to all applicable safety standards. You would be considered a "final stage manufacturer" of the vehicles, as that term is used in 49 CFR Parts 567 and 568.

2. New Body on Used Chassis. We cannot say from the information you have provided whether the vehicles you produce by installing a new body on a stripped, wrecked Ford pickup would be treated as a new vehicle, and have to be certified as complying with the applicable safety standards. The answer depends on how extensively you modify the Ford pickup chassis.

To allow vehicle modifiers to determine when the modifications to a used chassis are so extensive that the resulting vehicle will be considered new for the purposes of the Federal safety standards, NHTSA has established specific criteria at 49 CFR 571.7(e), Combining new and used components. That section reads as follows:

When a new cab is used in the assembly of a truck, the truck will be considered newly manufactured . . . unless the engine, transmission, and drive axle(s) (as a minimum) of the assembled vehicle are not new, and at least two of these components were taken from the same vehicle.

This provision means that if you leave the frame, engine, transmission, and drive axle in place from the wrecked vehicle, and place a new body on top of it, we would consider that vehicle to be a used vehicle, which would not have to be certified by you as complying with applicable safety standards. On the other hand, if you were to remove all the drive components from the frame of the Ford pickup chassis, and add new drive components or rebuilt drive components from different vehicles, the vehicle would be a new vehicle and would have to be certified by you as complying with all applicable safety standards.

3. Kit cars. Under the National Traffic and Motor Vehicle Safety Act, a "motor vehicle" is defined, in part, as one that is "driven by mechanical power." See 15 U.S.C. 1391(3). We have interpreted this provision to mean that a unit would be considered only an assemblage of motor vehicle equipment, and not a motor vehicle, until such time as a power source is added. None of the Federal motor vehicle safety standards apply to assemblages of motor vehicle equipment, or to used equipment items in the assemblage (items used on a vehicle previously in service on the public roads). However, certain of the safety standards would apply to new equipment items included in the assemblage. It would be a violation of Federal law if your kit car includes any new brake hoses, brake fluid, lighting equipment, tires, glazing, or seat belt assemblies that do not comply with the applicable safety standards.

If you ship your kit cars with all parts needed to produce a completed motor vehicle, including the power source, this agency will treat the kit car as a motor vehicle, not an assemblage of motor vehicle equipment, regardless of the state of completion of the kit. You would be required to certify that the kit car conformed to all applicable safety standards if it were treated as a new vehicle under the rules set forth in 1. and 2. above, but not if it were treated as a used vehicle under those rules.

I have enclosed for your information a general information sheet for manufacturers of new vehicles. This sheet highlights the relevant Federal statutes and regulations and explains how to obtain copies of them. I have also enclosed a brochure titled "Federal Motor Vehicle Safety Standards" that briefly describes each of the safety standards.

I hope this information is useful. If you have any further questions or need further information, please contact Dorothy Nakama of my staff at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosure ref:568#571.7(e) d:7/9/93

ID: nht93-5.17

TYPE: Interpretation-NHTSA

DATE: July 9, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Christopher Banner

TITLE: None

ATTACHMT: Attached to letter dated 3-21-93 from Christopher Banner to John Wolmack (Womack) (OCC 8477)

TEXT:

This responds to your request for an interpretation of how NHTSA's regulations would apply to some manufacturing operations you are contemplating. I apologize for the delay in this response. In a telephone conversation with Dorothy Nakama of my staff, you explained that you would like to start producing vehicles based on Ford pickup truck chassis. Some of these Ford chassis would come from wrecked vehicles that you would strip down to the frame, and others would be new chassis that you would purchase directly from Ford. You would then install new bodies on top of some of these chassis and offer them for sale as completed vehicles. You also would like to offer some of these bodies and chassis for sale as "kit cars." In the "kit car" version, you would sell the body and chassis to the purchaser of the kit, and the purchaser of the kit would have to furnish some other parts in order to complete the vehicle.

This agency's Federal motor vehicle safety standards apply to new motor vehicles and new items of motor vehicle equipment. Federal law does not require motor vehicles and items of motor vehicle equipment to continue to comply with the safety standards after the first purchase of the vehicle or equipment item in good faith for purposes other than resale. However, Federal law does prohibit any manufacturer, distributor, dealer, or repair business from knowingly "rendering inoperative" compliance with a safety standard for a vehicle or item of equipment. See 15 U.S.C. 1397 (a)(1)(A), (a)(2)(A), and (b)(1).

1. NEW BODY ON NEW CHASSIS. All vehicles you produce by installing a new body on a new chassis would be considered new vehicles. You would have to certify that each of those vehicles conformed to all applicable safety standards. You would be considered a "final stage manufacturer" of the vehicles, as that term is used in 49 CFR Parts 567 and 568.

2. NEW BODY ON USED CHASSIS. We cannot say from the information you have provided whether the vehicles you produce by installing a new body on a stripped, wrecked Ford pickup would be treated as a new vehicle, and have to be certified as complying with the applicable safety standards. The answer depends on how extensively you modify the Ford pickup chassis.

To allow vehicle modifiers to determine when the modifications to a used chassis are so extensive that the resulting vehicle will be considered new for the purposes of the Federal safety standards, NHTSA has established specific criteria at 49 CFR 571.7(e), COMBINING NEW AND USED COMPONENTS. That section reads as follows:

When a new cab is used in the assembly of a truck, the truck will be considered newly manufactured . . . unless the engine, transmission, and drive axle(s) (as a minimum) of the assembled vehicle are not new, and at least two of these components were taken from the same vehicle.

This provision means that if you leave the frame, engine, transmission, and drive axle in place from the wrecked vehicle, and place a new body on top of it, we would consider that vehicle to be a used vehicle, which would not have to be certified by you as complying with applicable safety standards. On the other hand, if you were to remove all the drive components from the frame of the Ford pickup chassis, and add new drive components or rebuilt drive components from different vehicles, the vehicle would be a new vehicle and would have to be certified by you as complying with all applicable safety standards.

3. KIT CARS. Under the National Traffic and Motor Vehicle Safety Act, a "motor vehicle" is defined, in part, as one that is "driven by mechanical power." See 15 U.S.C. 1391(3). We have interpreted this provision to mean that a unit would be considered only an assemblage of motor vehicle equipment, and not a motor vehicle, until such time as a power source is added. None of the Federal motor vehicle safety standards apply to assemblages of motor vehicle equipment, or to used equipment items in the assemblage (items used on a vehicle previously in service on the public roads). However, certain of the safety standards would apply to new equipment items included in the assemblage. It would be a violation of Federal law if your kit car includes any new brake hoses, brake fluid, lighting equipment, tires, glazing, or seat belt assemblies that do not comply with the applicable safety standards.

If you ship your kit cars with all parts needed to produce a completed motor vehicle, including the power source, this agency will treat the kit car as a motor vehicle, not an assemblage of motor vehicle equipment, regardless of the state of completion of the kit. You would be required to certify that the kit car conformed to all applicable safety standards if it were treated as a new vehicle under the rules set forth in 1. and 2. above, but not if it were treated as a used vehicle under those rules.

I have enclosed for your information a general information sheet for manufacturers of new vehicles. This sheet highlights the relevant Federal statutes and regulations and explains how to obtain copies of them. I have also enclosed a brochure titled "Federal Motor Vehicle Safety Standards" that briefly describes each of the safety standards.

I hope this information is useful. If you have any further questions or need further information, please contact Dorothy Nakama of my staff at (202) 366-2992.