Interpretation ID: aiam3289
Parts Manager
Brown Motors Volkswagen
5 West 18th Street at National City Boulevard
National City
CA 92050;
Dear Mr. Slagle: This responds to your recent letter requesting information concernin the Federal requirements that would be applicable to the manufacture and installation of auxiliary diesel fuel tanks in passenger cars. I am enclosing a copy of a letter of interpretation the agency issued last August which discusses the general implications of such installations under Federal law.; Your letter asked whether it will be necessary for you to crash tes vehicles that have the auxiliary tanks installed. As indicated in the enclosed interpretation, if the tank is added to a new vehicle prior to its first purchase for purposes other than resale, the person making the alteration will have to certify that the vehicle continues to be in compliance with all Federal motor vehicle safety standards, including Standard No. 301-75. The National Traffic and Motor Vehicle Safety Act requires a manufacturer (including an alterer) to exercise due care to assure that a vehicle it certifies is in fact in compliance with all safety standards (15 U.S.C. 1397). It is up to the manufacturer to determine how he will establish due care and, in this case, whether he will crash test a vehicle or use some other method to ensure compliance of the vehicle. The test procedures in Safety Standard No. 301-75 are not obligatory, only the performance requirements. The test procedures do, however, state how the agency will test a vehicle to determine compliance.; In answer to your question number 4, I can state that it will not b necessary for you to crash test each vehicle which has a tank installed in order to establish due care. If by your question you meant one car of each car 'model,' once again, it is up to the manufacturer how he establishes due care.; In answer to your question number 3, the information contained in th enclosed interpretation includes discussions of all the Federal safety requirements that would be applicable to your company's activities. There may, of course, be other general Federal laws regarding the conducting of a business which would be pertinent. For example, Federal Trade Commission regulations regarding advertising could affect your activities. You are probably aware of these general regulations, however, since you are already an established business enterprise.; Regarding your final question, all vehicle manufacturers, both domesti and foreign, have performed crash tests to determine compliance with Safety Standard No. 301-75. Since your company is a Volkswagen dealership, I suggest you contact Volkswagen regarding its compliance testing program for Safety Standard No. 301-75.; If you have any further questions after reviewing this information please contact Hugh Oates of my staff (202-426-2992).; Sincerely, Frank Berndt, Chief Counsel