Interpretation ID: aiam1876
Owen's International Inc.
16725 Van Dam Road
South Holland
IL 60473;
Dear Mr. Hildreth: This responds to your March 14, 1975, question whether a truck deale or his customer may modify the brake system on a vehicle which is manufactured in conformity with Standard No. 121, *Air brake systems*, after the first purchase of the vehicle in good faith for purposes other than resale.; The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1391 e seq.) requires that a vehicle meet all applicable safety standards at the time of sale. Conformity is not required, however, after the first purchase of the vehicle in good faith for purposes other than resale. In answer to your second question, therefore, the vehicle becomes 'used' after its first purchase in good faith for purposes other than resale. 'Good faith' means that the purchaser could not purchase the vehicle before an agreed-on modification simply to avoid the effect of the standard. Your modifications can be undertaken only on a vehicle which has already been purchased in good faith.; As for modification that you or your customer might wish to undertake he may himself make whatever changes he cares to, subject to State or motor carrier regulations. The Act does, however, prohibit manufacturers, distributors, dealers, or motor vehicle repair businesses from knowingly rendering inoperative any device or element of design installed on a motor vehicle in compliance with an applicable safety standard (except during repairs). Thus you could not modify the 121 system to render it inoperative.; As long as you and customer do not violate these provisions, the futur sale of a modified vehicle would not be in violation of the Act.; Sincerely, James C. Schultz, Chief Counsel