Interpretation ID: 2772y
Roden & Hayes
2015 First Avenue No.
Suite 400
Birmingham, AL 35203
Dear Mr. Roden:
This responds to your letter that asked whether Section 114 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1403) requires some form of certification on "every replacement item of motor vehicle equipment." The answer to this question is that manufacturers of replacement items of motor vehicle equipment that are regulated by a Federal motor vehicle safety standard must certify these items. The background for this response is provided below.
Section 114 requires manufacturers or distributors of motor vehicle equipment to furnish dealers and distributors of such equipment with a certification that the items of motor vehicle equipment conform to all applicable Federal motor vehicle safety standards. The first issue to be discussed, therefore, is whether replacement parts are encompassed within the definition of "motor vehicle equipment." "Motor vehicle equipment" is defined at Section 102(4) of the Safety Act (15 U.S.C. 1391(4)). This definition includes systems, parts and components of motor vehicles that are "manufactured or sold for replacement."
The second issue to be discussed is what items of replacement motor vehicle equipment must be certified. In an interpretation letter of June 3, 1977 to Mr. Larry Stroble, this agency stated if there are no safety standards in effect regulating particular items of motor vehicle equipment, manufacturers of the equipment would not be required to certify in accordance with Section 114 and in the regulation promulgated thereunder (49 CFR Part 567). I am, for your information, enclosing a copy of this letter. Examples of items of motor vehicle equipment that have corresponding Federal motor vehicle safety standards are: brake hoses and brake hose assemblies (Standard No. 106); lighting (Standard No. 108); brake fluid (Standard No. 116); tires (Standard No. 109 and 117); glazing (Standard No. 205); seat belt assemblies (Standard No. 209); and wheel covers (Standard No. 211). I hope this responds to your concerns. If you have any further questions or need any additional information about this topic, please feel free to contact Ms. Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.
Sincerely,
Paul Jackson Rice Chief Counsel
Enclosure ref:VSAll4 d:l2/3/90