Interpretation ID: 22382

Mr. Donald Myers
Haldex Brake Systems
10930 North Pomona Avenue
Kansas City, MO 64153-1297

Dear Mr. Myers:

This is in response to your letter of November 3, 2000, requesting information on Federal Motor Vehicle Safety Standard (FMVSS) No. 121, "Air Brake Systems." Specifically, you describe the following situation:

Haldex Brake Systems discovered that an internal component to the valve that controls the trailer supply pressure and the tractor parking brakes (made in 1997) was breaking after being in use for several years. This broken component resulted in the lack of separation of the two brake circuits. Haldex determined that this broken component resulted in the air brakes no longer complying with FMVSS No. 121, and that this broken component combined with a major leak in the brake system could result in total loss of the service brakes. Haldex initiated a recall and has been replacing the valves. Haldex has sought reimbursement from its supplier for the cost of the recall, but the supplier has refused, stating that FMVSS No. 121 applies to new motor vehicles only, not to "in service" motor vehicles.

You ask whether FMVSS No. 121 applies to "in service" motor vehicles. The answer is no. FMVSS No. 121 applies only to new motor vehicles. Operational regulations and requirements applicable to "in service" vehicles are administered by the Federal Motor Carrier Safety Administration (FMCSA). In addition, individual states may have their own requirements setting minimum "in service" equipment and performance standards for heavy trucks.

Moreover, and with direct applicability here, a manufacturer of motor vehicles or motor vehicle equipment has an obligation to remedy safety-related defects in its products. Pursuant to 49 U.S.C. '30118(c), a manufacturer of a motor vehicle or replacement must notify the National Highway Traffic Safety Administration (NHTSA) as well as owners, purchasers, and dealers if the manufacturer:

(1) learns the vehicle or equipment contains a defect and decides in good faith that the defect is related to motor vehicle safety; or

(2) decides in good faith that the vehicle or equipment does not comply with an applicable motor vehicle safety standard.

In addition, the manufacturer must remedy the defect or noncompliance free of charge (49 U.S.C. ' 30120(a)). In this case, the failure of the Haldex brake systems constitutes a defect that is related to motor vehicle safety.

The notification and remedy requirements of Chapter 301 are not generally applicable to suppliers of component parts that are then incorporated into items of motor vehicle equipment by an equipment manufacturer. In such instances, the responsibilities of the supplier are not governed by Chapter 301 and would be determined under other applicable law, such as contract law and the terms of any agreements between the supplier and the equipment manufacturer.

I hope you find this information useful. If you have any further questions regarding this matter, please feel free to contact Otto Matheke in the Office of the Chief Counsel at (202) 366-2992.

Sincerely,
John Womack
Acting Chief Counsel

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