Interpretation ID: nht91-6.35

DATE: October 23, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Phil Lanam -- City of Ukiah Fire Department

TITLE: None

ATTACHMT: Attached to letter dated 8-19-91 from Phil Lanam to Taylor Vinson (OCC 6412); Also attached to letter dated 3-4-80 from Frank Berndt to Joe Cain

TEXT:

This responds to your letter about the installation of new standard "S" cam air brakes on a 1978 Ford truck. You explained that because you were having problems with the vehicle's anti-skid system, you were planning to replace it with a new braking system. As discussed below, Federal law does not prohibit you or a commercial business from replacing the anti-skid system with a standard current brake system.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Highway Traffic and Motor Vehicle-Safety Act (Safety Act), it is the responsibility of the manufacturer to ensure that its motor vehicles or items of equipment comply with all applicable standards. The following represents our opinion based on the facts provided in your letter.

The agency has issued Federal motor vehicle safety standard (FMVSS) No. 121, Air Brake Systems. That standard applies to almost all new trucks, buses, and trailers equipped with air brake systems.

As originally manufactured, Ford, as the manufacturer was required to certify that the truck satisfied the requirements of all applicable safety standards. Among other things, the vehicle's brakes would have been required to comply with FMVSS No. 121.

The National Traffic and Motor Vehicle Safety Act specifies that vehicles must conform with all applicable safety standards up until the first purchase for purposes other than resale. After the first purchase, the vehicle is no longer required by Federal law to conform with all safety standards. However, the Safety Act includes a provision that prohibits any manufacturer, distributor, dealer, or motor vehicle repair business from "rendering inoperative" any device or element of design installed in or on a vehicle in compliance with an applicable safety standard. The render inoperative provision does not apply to modifications made by the owner of a vehicle.

The issue of whether a late 1970's antilock system for heavy vehicles can be disconnected by a commercial business is a special case under the render inoperative provision, since those antilock systems were used by some manufacturers to comply with certain requirements of FMVSS No. 121 that were later invalidated by a court decision. I have enclosed a copy

of a March 4, 1980 letter which addresses that issue. Based on this letter, a commercial business could replace the anti-skid system with a standard current brake system without violating the render inoperative provision.

I hope this information is helpful. If you have any further questions, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.