Work Truck Logo
MenuMENU
SearchSEARCH

Court Rules Against Work Truck Certification Challenge

The Sixth Circuit Court disagreed with the NTEA’s appeal to a recent rulemaking by the National Highway Traffic Safety Administration (NHTSA) on new roof crush standards.

by Staff
April 3, 2013
3 min to read


The Sixth Circuit Court disagreed with the NTEA’s appeal to a recent rulemaking by the National Highway Traffic Safety Administration (NHTSA) on new roof crush standards. The NTEA’s challenge was based on a very technical legal aspect of the rule that the Association asserted could leave certain multi-stage manufacturers without a defensible path to proper certification.

Ad Loading...

The Court’s ruling should not affect the work being done by a multi-stage manufacturer on a day-to-day basis. Moreover, this ruling will not affect the significant relief provided to vehicle upfitters by NHTSA in the original rulemaking on Federal Motor Vehicle Safety Standard (FMVSS) 216 in May 2009 that is scheduled to take effect in 2017 for larger vehicles.

Ad Loading...

“Although we are disappointed by the Court’s decision, the NTEA will continue its efforts to ensure our members have the ability to build and sell the varied configurations of vehicles they do today,” said Steve Carey, NTEA executive director.

Background
NHTSA has long accepted the fact that small business, multi-stage manufacturers in the work truck industry build a very diverse population of vehicle configurations in small production runs. As a result, they are not capable of performing destructive tests on vehicles.

The primary method multi-stage manufacturers employ to certify a vehicle to the applicable FMVSS is known as “pass-through.” Pass-through certification allows subsequent stage manufacturers to follow the guidelines provided by OEMs in their incomplete vehicle documents and “pass-through” their certification of the vehicle.

In an earlier lawsuit (1990), the NTEA challenged this method as inadequate since it only applied to vehicles completed from chassis-cabs and not other incomplete vehicles. The court agreed and added chassis like strip chassis and cutaways to the pass-through regulations.

FMVSS 216
When NHTSA issued new rules covering roof crush standards, it extended coverage of FMVSS 216 from the previous 6,000 lbs. gross vehicle weight rating (GVWR) and less to vehicles with a GVWR of 10,000 lbs. and less. The rule also provides a more stringent testing protocol.

Ad Loading...

In the new rule, NHTSA exempted certain multi-stage vehicles. This was the first time that NHTSA determined it had the legal authority to specifically exclude multi-stage produced vehicles from the coverage of a standard when warranted and did so as a result of the NTEA’s arguments.

The amended roof crush regulation will not apply to multi-stage vehicles built on non-chassis-cabs (such as strip chassis or cutaways) that have a GVW of 6,001–10,000 lbs. NHTSA acknowledged that there might be certification problems for vehicles built on non-chassis-cabs due to the lack of adequate pass-through opportunities.

Also as a result of the NTEA’s efforts, those multi-stage produced vehicles affected by the new regulation that are rated at 6,000 lbs. or less will not have to be compliant until 2016, and those affected vehicles 6,001–10,000 lbs. will have until 2017 to comply.

Legal Challenge
Despite the relief that resulted from the NTEA’s actions in response to NHTSA’s original proposal, there remained legal concerns over some technical aspects of the certification process.

When the NTEA looked at the existing FMVSS 216 conformity statements from various OEMs, they did not appear to offer final-stage manufacturers adequate information for proper pass-through. The NTEA also expressed concern that it could be an improper delegation of federal authority to allow an interested party to write conformity statements that would determine whether a final-stage manufacturer could use pass-through certification. 

Ad Loading...

Moving Forward
The NTEA remains committed to working with NHTSA and the chassis manufacturers to ensure that appropriate guidance for the pass-through completion of affected vehicles is provided to NTEA members.

For additional information, contact NTEA Senior Director of Government Activities Mike Kastner at (202) 552-1600 or mkastner@ntea.com

More Operations

Work Truck graphic illustrating cargo theft, showing a worker loading a trailer while a hooded figure uses a laptop near digital tracking screens and an unlocked padlock symbol.
Operations•October 6, 2026

It's 10 p.m... Do You Know Who Has Access to Your Fleet?

Preventing cargo theft requires investment in technology, operational processes, and employee training. In an industry with tight margins, it can be difficult to justify investments whose value is measured by incidents that might never occur.

Read More →
Illustrated map showing a blue circular geofence boundary around a defined geographic area.
Technology & AI•by Staff•October 6, 2026

GeoFencing Adds to Your Truck Security Arsenal

Geofencing is a familiar fleet tool today, but its early adoption marked a major shift in vehicle tracking, route monitoring, and the debate over employee privacy.

Read More →
Work Truck Weekly Truck Chat Cheat Sheet thumbnail featuring Lauren Fletcher with callout text highlighting strike rumors, GM engines, and the real cost of idling.
Operations•by Lauren Fletcher•October 5, 2026

Truckers’ Strike Rumors, New GM Engines, and Hidden Idling Costs Lead This Week’s News

Truckers’ strike rumors, GM’s new 2027 engines, hidden idling costs, racing lessons, IRP rules, and more headline this week’s Truck Chat Weekly Cheat Sheet.

Read More →
Ad Loading...
Shades of Fleet Culture of Care graphic featuring speech bubbles and a Call for Voices invitation against an industrial fleet setting.
Operations•by Lauren Fletcher•October 2, 2026

Shades of Fleet Wants to Hear From You About Building a Culture of Care

Fleet leaders, we want to hear from you. Share how empathy, trust, and creating space for people can strengthen your team, improve performance, and support retention.

Read More →
Isaac Johnson in a black-and-white firesuit smiles at the track at sunset with tents, equipment, and another person blurred in the background.
Operations•by Lauren Fletcher•October 1, 2026

What Racing Can Teach Work Truck Fleets About the Work Nobody Sees

Race car driver and mechanical engineer Isaac Johnson shares practical lessons on preparation, relationships, setbacks, and building teams that perform when it counts.

Read More →
Lauren Fletcher appears beside the headline “What Your Truck Isn’t Telling You.” Below are the topics Fleet Guides, Hidden Wear, Driver Fit, and IRP Rules. Truck Chat and Work Truck branding and a Chevron sponsorship logo appear on the black-and-blue thumbnail.
Sponsored•by Lauren Fletcher•September 30, 2026

New Fleet Guides, Hidden Truck Wear, and Driver Fit Lead This Month

Our latest Truck Chat recap covers new Fleet Guides, hidden idling costs, driver fit, lighter-truck registration rules, and year-round technician appreciation.

Read More →
Ad Loading...
Video thumbnail showing Lauren Fletcher and Chris Brown with soapbox race cars at Derby Downs. Text reads “We raced soapbox cars to raise $22,000 for charity.”
Operations•by Lauren Fletcher•September 30, 2026

Work Truck Takes Fleet Rivalry Downhill to Support Skilled Trades

Team Fletcher claimed a head-to-head win and second overall as Work Truck and Automotive Fleet helped raise $22,000 for the Hourglass Foundation.

Read More →
Patti Earley, CAFM, appears beside the “Legends of Fleet” title on a black and gold interview thumbnail. LEGEND and Work Truck logos are also shown.
Sponsored•by Lauren Fletcher•September 29, 2026

From Ledger Books to AI Patti Earley Shares 40 Years of Fleet Lessons

Patti Earley, CAFM, shares what four decades in fleet have taught her about using data, building relationships, and listening to the people behind the vehicles.

Read More →
Transition Trucking Driving for Excellence Award graphic announcing five 2026 finalists: Mohammad Arzola, Monica Brooks-Buck, Daniel Doss, Brandon Ward, and Gary W. Williams, pictured in front of a semi-truck.
Operations•by News/Media Release•September 28, 2026

Finalists Announced for 2026 Transition Trucking: Driving for Excellence Award

Kenworth Truck Company, Fastport, and the U.S. Chamber of Commerce Foundation's Hiring Our Heroes program have announced the five finalists for the 2026 Transition Trucking: Driving for Excellence Award.

Read More →
Ad Loading...
Aerial view of a Toyota manufacturing facility entrance, featuring the Toyota name above the doorway, three flagpoles, landscaped grounds, and the factory complex in the background.
Operations•by News/Media Release•September 25, 2026

Toyota West Virginia Celebrates Three Decades of Manufacturing in the Mountain State

Toyota West Virginia celebrated 30 years of manufacturing. Toyota assembles both engines and drivetrain components in West Virginia to support its North American operations.

Read More →