Interpretation ID: aiam1929
President
Tiger Tanks
Division of Faull Enterprises
Inc.
20795 Main Street
Carson
CA 90745;
Dear Mr. Faull: Thank you for your letter of April 28, 1975, concerning the manufactur and installation of replacement tanks for Dodge, Ford, and Chevrolet vans.; The National Highway Traffic Safety Administration has promulgated n motor vehicle safety standard relating to replacement fuel tanks. There is, however, a safety standard which imposes performance requirements upon motor vehicles with regard to their fuel systems (Standard No. 301, *Fuel System Integrity*). Thus, if installation of your replacement tank is accomplished prior to the first purchase of the vehicle for purposes other than resale causing the vehicle's fuel system not to be in compliance with the applicable safety standard, the person installing the tank or offering the vehicle for sale would be in violation of S108(a)(1) of the National Traffic and Motor Vehicle Safety Act (Pub. L. 89-563). That would make the installer or seller subject to civil penalties of up to $1,000 for each violation.; Recent amendments to the Traffic Safety Act (Pub. L. 93-492) prohibi any manufacturer, distributor, dealer, or motor vehicle repair business from knowingly rendering inoperative, in whole or part, any device or element of design installed on or in a motor vehicle of item or motor vehicle equipment in compliance with an applicable motor vehicle safety standard (S108(a)(2)(A)). Therefore, even if installation of your replacement tank occurred after the first purchase of the vehicle, the vehicle's compliance with the fuel system integrity standard would still be mandatory where one of the above named persons performed the installation. If the replacement tank caused the fuel system to no longer comply with the safety standard, the installer would have rendered inoperative a system installed in compliance with Standard 301.; The Traffic Safety Act authorizes the Secretary of Transportation t make determinations as to whether items of motor vehicle equipment contain defects which relate to motor vehicle safety. If he finds that a safety-related defect exists, he may compel the manufacturer to remedy the defect and notify purchasers of the hazard. Therefore, even though replacement fuel tanks are not the subject of a standard, they still must be designed for safety.; In addition, the Bureau of Motor Carrier Safety regulates interstat carriers, including fuel systems for operational and auxiliary equipment. These regulations might be of interest to you and are enclosed. Your attention is directed to the section concerning fuel systems, pages 51 through 54.; Sincerely, Robert L. Carter, Associate Administrator, Motor Vehicl Programs;