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INDUSTRY ADVISOR (continued)
from January–March 2023
by NMEDA
of the same model and establishing a strict, documented, screening criteria to make sure the used vehicles are like new and are consistently the same from one vehicle to the next. This way the modifier could claim that the used vehicles are the same as the test vehicles and that they all fall under the umbrella of the tested vehicles. Thus, the modifier would claim that the structural modification is not making inoperative federal standards. Again, the used vehicles will NOT bear any kind of federal compliance label affixed by the modifier, except a make inoperative label if an exemption is used.
Another possible way to structurally modify a used vehicle might be by installing a certified kit precisely according to the kit manufacturer’s instructions and with all the specified parts, but as emphasized in this article the vehicle will not bear any kind of federal certification label affixed by the modifier.
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In summary, the federal motor vehicle safety standards apply only with some exemptions for adaptive modifications. Except in cases where used vehicles can be documented to demonstrate their condition to be like new and correspond with a new vehicle test program it is not legally possible to perform structural modifications on a used vehicle in the United States. Without a stringent to new vehicles at the manufacturer/ alterer level prior to first retail sale. The FMVSS do NOT apply to used vehicles. The United States Motor Vehicle Safety Act prohibits modifiers
“like new” screening program, any testing to represent used vehicles would mostly be an exercise in futility. For broader details about this subject see Circuit Breaker article “New vs