Interpretation ID: aiam0809
Legal Counsel
Automotive Trade Association
110 South Dearborn
Chicago
IL 60602;
Dear Mr. Lewis: This is in reply to your letter of July 18, 1972, to Miss Nanc Brownell concerning the placement of additional seats in a 'van' by a dealer.; Section 108 of the National Traffic and Motor Vehicle Safety Act (1 U.S.C. 1397) prohibits, among other things, the sale, offer for sale, or the introduction in interstate commerce of motor vehicles that do not conform to applicable motor vehicle safety standards in effect on the day of the vehicle's manufacture. This prohibition applies until after the sale of the vehicle to a purchaser for a purpose other than resale (15 U.S.C. 1397(b)(1)).; This provision prohibits all persons, including dealers, from alterin a new vehicle before its sale to a user in such a way that the vehicle no longer conforms to the standards. A person who performs such alterations would be required to ensure that the vehicle conformed to all applicable standards after the alterations have been made. It appears that merely adding seats to a van without making additional alterations would cause it to fail to conform to Motor Vehicle Safety Standard No. 208, 'Occupant Crash Protection', (49 CFR 571.208), and possibly other standards as well. The failure of the vehicle to conform could result in the imposition of civil penalties against the person making the alteration or selling the vehicle of up to $1,000 for each violation (15 U.S.C. 1398), and other sanctions (15 U.S.C. 1399).; You are right in your opinion that the vehicle may be modified withou regard to the standards after its first purchase for a purpose other than sale.; Yours truly, Richard B. Dyson, Assistant Chief Counsel