Altered versus modified vehicles

From an NTEA memberWe are an upfitter, and one of our local dealers sold both a new and a used pickup truck to a customer. The dealer sent the customer to our business for service body installations without consulting us or the OEM for pickup box removal guidance. After reviewing OEM materials for each vehicle’s make, model, and year with the body manufacturer we distribute for, we determined the body the customer requested would be too heavy for the new pickup, and the used pickup was not eligible for box removal.We were able to find a different body to meet the customer’s needs for the new pickup and returned the used vehicle to the dealer. However, the dealer is upset we would not install the body on the used truck and claims the OEM information is invalid because the vehicle is used. We have long taken the position that we don’t perform box removals on models the OEMs do not support for new vehicles, but the OEM materials don’t address used vehicles. Are there any applicable used vehicle regulations?This is a good question about a common situation that can often be avoided. Before choosing a particular solution, dealers and customers should explore possibilities with knowledgeable body manufacturers and upfitters early in the process to match a vehicle to an application.Your position of not performing modifications on a used vehicle that you would not make to a new vehicle is appropriate. Aligning with OEM guidance — regardless of vehicle age — is the best approach to ensuring a vehicle functions as intended, especially when modifications such as box removal or snowplow installations are involved.As you’re likely familiar, performing box removal or other manufacturing operations on a new vehicle that has been previously certified as meeting all applicable Federal Motor Vehicle Safety Standards (FMVSS) but has not yet been licensed and titled in a state, is considered an alteration (altered-stage manufacturing). The alterer must ensure the vehicle continues to meet applicable FMVSS after performing manufacturing operations. This falls under the certification process, and OEM guidance provides the basis for the altered-stage certification of the new truck.When performing similar operations on used vehicles, the term “modified” is used rather than “manufactured.” While the certification process does not apply to modifications performed on used vehicles, this does not mean there are no rules.Under U.S. Department of Transportation regulations, the “make inoperative” provision prohibits manufacturers, distributors, dealers, rental companies, and motor vehicle repair businesses from performing operations that knowingly take a vehicle or regulated equipment out of compliance with any safety standard it was originally required to meet. This provision is intended to preserve the performance of a vehicle’s safety systems originally installed to meet FMVSS requirements when it was new and certified as complete. Violating this prohibition would take away from the level of safety a vehicle began with. Pickup box removal can affect a number of FMVSS due to changes in weight, structure, and lighting associated with the new body. For example, weight and weight distribution are primary factors in vehicle braking, handling, and crash characteristics. Standards with weight and center of gravity limitations may be impacted by box removal, such as:FMVSS 105 (hydraulic brakes) FMVSS 126 (electronic stability control) FMVSS 301 (fuel system integrity)Rear visibility requirements under FMVSS 111 may also be affected, as cameras are often integrated into the tailgate on current models. Their compliant functions must be properly restored after new body installation. These considerations apply to both new and used vehicles originally certified to meet these standards.Compliance with these regulations is part of the certification represented by the original manufacturer of the pickup. To maintain compliance, altered-stage manufacturers of new vehicles apply OEM guidance to carry over, or pass through, this compliance during the box removal process. OEM guidance typically outlines important details involved with box removal in relation to certain safety standards.Failing to exercise reasonable care to maintain compliance when modifying a used vehicle — such as performing a box removal outside OEM guidance — may violate the make inoperative prohibition. If the National Highway Traffic Safety Administration determines a business has violated this prohibition, it may assess civil penalties. Dealers should also be aware that selling non-compliant vehicles can expose them to similar violations. Vehicle emissions compliance under Environmental Protection Agency regulations may also be affected by box removal due to modifications associated with weight, frontal area, and the fuel fill system. Following OEM pickup box removal guidance, staying within weight, frontal area, and any other applicable limits, and using OEM-approved fuel fill kit components can help maintain compliance. There are certain exceptions to the make inoperative provision, but they include additional conditions around use and application. For example, there are a series of exemptions related to mobility modifications under Code of Federal Regulations Title 49, Part 595. These exemptions allow relief from certain portions of specific FMVSS to support transportation for individuals with disabilities. However, no such exceptions apply to pickup box removal.Visit ntea.com/technicalresources for details on NTEA’s technical and engineering offerings.

Altered versus modified vehicles

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