Interpretation ID: aiam1709
Mason
Fenwick & Lawrence
310 O F C Building
1730 Rhode Island Avenue
N.W.
Washington
DC 20036;
Dear Mr. Lalos: This responds to your November 15, 1974, request for a discussion o the responsibilities of a vehicle manufacturer to comply with Federal motor vehicle safety standards, and in particular, Standard No. 121, *Air brake systems*.; The National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S. 1391 et seq.) provides:; >>>S 108. (a) No person shall -- (1) manufacture for sale, sell, offer for sale, or introduce i interstate commerce, or import into the United States, any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title unless it is in conformity with such standard except as provided in subsection (b) of this section.<<<; Thus, the manufacture or sale of any vehicle which does not meet ever requirement of Standard No. 121 or any other applicable Federal motor vehicle safety standard is a violation of Federal law subject to a civil penalty of not more than $1,000 per violation (S 109). Each vehicle which does not comply with the dynamometer requirements you listed could constitute a separate violation of the act.; You suggested the standard of 'reasonable or due care' as the sol responsibility of a vehicle manufactured under the Safety Act. Section 108(b)(2) in part provides that S 108(a)(1) 'shall not apply to any person who establishes that he did not have reason to know in the exercise of due care' that a vehicle did not comply with an applicable standard. In order to comply with the Safety Act each manufacturer must design his vehicles and test program so as to exercise due care in assuring that each of his vehicles complies with the standard. Calculations based on principles of engineering could constitute an element in the exercise of 'due care'. I enclose a discussion of 'due care' which appeared in the preamble to a recent rulemaking on Standard No. 121.; Yours truly, Richard B. Dyson, Acting Chief Counsel