Certification labeling requirements for body and equipment installers after the first retail sale

From an NTEA member We are an upfitter and have been adding bodies and equipment on a variety of used chassis lately. Do we need to certify used vehicles? While there is not a clear “yes” or “no” answer to this question, two rules are helpful when determining a certification obligation. First, manufacturing operations performed on an incomplete vehicle must be certified. Second, modifications prior to the first retail sale must also be certified. These rules need clarification in order for upfitters to fully grasp their labeling responsibilities when installing bodies and equipment on a used chassis. The following examples may prove valuable. Example 1 An end user purchased a new incomplete chassis-cab from a truck dealer, and the dealer transferred the title to the end user. Eight months later, the end user hired an upfitter — XYZ Truck Equipment — to install a flatbed on the chassis-cab. As XYZ performed a manufacturing operation on an incomplete vehicle, it must certify and apply the appropriate final-stage certification label. XYZ should consult the incomplete vehicle document and chassis manufacturer body builder books for guidance on meeting required Federal Motor Vehicle Safety Standards (FMVSSs). Example 2 An end user takes a pickup truck, used for the last three months, to XYZ Truck Equipment to remove the pickup box and install a service body. As the truck has been certified in the final stage by the chassis manufacturer and the first retail sale has occurred, XYZ does not have a certification labeling obligation. However, XYZ cannot just install anything on the end user’s vehicle. The company is required by law to ensure equipment installation or modifications do not “make inoperative” the truck’s compliance with any safety standard by which it was produced and certified under 49 United States Code (USC) 30112(b). Federal regulation 49 USC 30122 prohibits “a manufacturer, distributor, dealer or motor vehicle repair business from knowingly making inoperative any part of a device or element of design installed on a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard.” Also, used vehicles are still subject to the recall and remedy provisions of the Safety Act (Chapter 301 — Motor Vehicle Safety). In this example, XYZ has the responsibility of “reasonable care” for all modifications it makes to the vehicle, even after the first retail sale. XYZ should consult the body builder books for pickup box removal restrictions and limitations for the vehicle’s make and model year. In other words, businesses are wise to avoid doing anything to a used vehicle they wouldn’t do to a new one, including certification. Example 3 For contrast, another applicable scenario involves upfitter certification and labeling requirements on a completed vehicle before its first purchase apart from resale. A truck dealer sends a new pickup (which the chassis manufacturer certifies in the final stage) to XYZ Truck Equipment to remove the pickup box and install a service body prior to delivering the modified vehicle to the end customer. XYZ must certify the truck to meet all relevant FMVSSs affected by its alteration. In this example, XYZ is an alterer and must apply altered vehicle certification and payload modification labels to trucks with a gross vehicle weight rating of 10,000 pounds or less. XYZ should consult the body builder books for guidelines and limitations to meet FMVSS requirements for pickup box removal. Learn more Additional related information is available in NTEA’s Commercial Vehicle Certification Guide.

Certification labeling requirements for body and equipment installers after the first retail sale

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