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Legal Issues in Parking Area Sweeping |
Altered Certification: Pickup Box Removal, Sweeper Installationby Ranger Kidwell-Ross Many thanks to the review team at National Truck Equipment Association for their assistance with the following article. The information was adapted from an article in Truck Equipment News by Louis Kleinstiver, NTEA Technical Services Director. For more information about the NTEA, go to www.ntea.com. It has been brought to our attention that some smaller models of sweepers sold in the U.S. marketplace were mounted onto chassis for which there was no chassis manufacturer bed removal program. Because of this, the sweeper manufacturer was unable to put the legally-required altered vehicle sticker onto the finished sweeper. Although we're not saying the resulting products are dangerous, what is clear is that the chassis manufacturers are apparently unable to certify that the resulting chassis/sweeper combinations are safe, either. In the event of a catastrophic accident, in all likelihood the chassis manufacturer could not be held legally liable in the event of accidents occurring as the result of brake or steering failure, springs breaking, electrical shorts, etc. The lack of this sticker could void the chassis warranty, as well. Whenever a truck chassis is modified for the addition of a dedicated service body like a sweeper, a legal certification process must be followed. There are two basic rules of motor vehicle certification. (1) All motor vehicles must be certified in their final-stage, and, (2) all manufacturing operations performed on a motor vehicle must be certified prior to the first retail sale. Federal Motor Vehicle Certification Regulations 49 CFR 567.7 and 568.8 require vehicles altered prior to the first retail sale (meaning licensed and titled in some state) certify to all applicable Federal Motor Vehicle Safety Standards (FMVSS) affected by the alteration. For example, all standard production trucks are certified in the final-stage by their respective manufacturers, Ford, Isuzu, GM, etc. This certification occurs prior to when the sweeper bodies are installed. Most larger commercial chassis, one-ton and up, are typically built with the realization that they will have some type of specialized equipment put onto them. That's why most are initially built and sold with just frame rails, i.e., without a bed on the back. The chassis manufacturers then offer a guidance program to any second-stage manufacturing company that installs a product onto the chassis. That's how a sweeper manufacturer can assure safety compliance of the resulting product after making any modifications needed. Through working with the chassis makers' engineers, the sweeper company makes sure all modifications are done according to the safety requirements, and is legally able -- and required -- to affix a final stage manufacturing plaque onto the finished product. In contrast, most smaller pickup-type trucks are sold with a bed already installed onto them. As a rule of thumb, in order for them to qualify for an altered certification sticker after having a specialized service body like a sweeper put onto them, the chassis manufacturer must offer what is called a 'bed removal program.' This means that, like with larger trucks, the manufacturer is willing to provide guidelines and engineering oversight to assure that any modifications done are in compliance with the FMVSS regulations. Affixing a plaque indicating a vehicle has been altered, and the specifics thereof, is the last requirement in the pickup box removal/sweeper installation process. For this to occur, the manufacturer of the pickup must assert that it is eligible for pickup box removal or sweeper installation. Generally, the only pickup trucks that are suitable for sweeper installation are the ones for which they provide a bed removal program. Typically, these are the only vehicles that can have an altered certification sticker legally put onto them without going through a prohibitively expensive process that, more than likely, involves crash-testing at least 10 completed chassis/sweeper vehicles. If you are uncertain whether or not the sweeper you are considering has been built in conformance with United States safety rules, be certain to find out whether or not the sweeper manufacturer has affixed an altered certification sticker to its finished product. If not, you could have serious safety, liability, insurance -- even resale -- problems down the road. An Insurance Viewpoint on Chassis Certificationby Scott Cerosky, president, Contract Sweepers Insurance, Inc. 
Our 'Clean Streets' insurance program's carrier, and other industry insurance companies, are naturally concerned about all aspects of the industry they insure. We were supplied with the article concerning chassis alteration prior to publication and requested to provide comments. Here is what I know from an insurance perspective. Generally speaking, most insurance carriers will insure a vehicle, as long as it meets their underwriting guidelines and is compliant with the state-specific motor vehicle standards in whatever state the customer is located. If the bureau in a state does allow a unit to be registered to a client, then we have an obligation to allow/provide insurance for them. However, that said, the practical scenario is that when a claim takes place it is most often investigated with a fine-toothed comb with respect to the vehicle. This includes, but is not limited to, maintenance records, initial and second-stage manufacturing, any alterations that have been made, and all the particulars of any combination of those parameters. This is especially true if there is a claim involving an injury and/or death. Then, should the insurer's investigation produce any evidence the accident was caused by malfunctioning equipment or improper vehicle modification, the vehicle's insurer would attempt to involve any and all parties having anything to do with that vehicle. It is understood that other circumstances could also be a factor, i.e., vehicle operation and/or maintenance. The end result, depending upon the contributing factors outlined above, is the possibility that your insurance company could absolve itself of some or all liabilities in the accident. We've all seen instances where vehicles have been recalled. Typically, it's when a manufacturer finds out the hard way, through the occurrence of injury or deaths, that their product is unsafe. That's why there are safety standards in place to help protect the buying public. It's important to know that any vehicle you own meets industry safety standards. The insurance industry, as a whole, believes it is incumbent upon the manufacturer of any product to practice sound risk management and loss control procedures. Scott Cerosky is president of Contract Sweepers Insurance (CSI), a naPSa-recognized industry vendor and the only sweeping industry insurance program offered throughout America. You may reach him via email sent to scott@insuresweepers.com, or by calling 877-887-9337. The CSI website is www.insuresweepers.com. This article is reprinted from American Sweeper magazine, Volume 9 Number 1, 2003. |
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