Interpretation ID: aiam4960
Ltd. 28 Cherry Lane Syosset
New York 11791;
"Dear Mr. Ross: This responds to your letter that requested informatio about how the laws and regulations administered by this agency would apply to a product you wish to market. This product is an antitheft device for trucks and passenger automobiles equipped with power-assisted steering. In your letter, you stated that your device is designed to prevent the theft of a vehicle by blocking the flow of hydraulic fluid in hydraulic steering systems, so that the vehicle cannot be steered. In a subsequent telephone conversation with Dorothy Nakama of my office, you explained that your device is to be installed on vehicles in the aftermarket, and will not be installed as original equipment on new vehicles. I am pleased to have the opportunity to discuss our laws and their applicability to your device. By way of background information, NHTSA has no authority to approve, endorse or offer assurances of compliance for any motor vehicle or item of motor vehicle equipment. Accordingly, it is misleading and incorrect to state, as does page 2 of the 'Summary from Originating Country' enclosed with your letter, that this device has been 'approved by the USA.' Instead, the National Traffic and Motor Vehicle Safety Act of 1966 ('Safety Act,' 15 U.S.C. 1381 et seq.) makes manufacturers of motor vehicles or items of motor vehicle equipment responsible for certifying that each of their products conforms with all applicable safety standards. In this instance, there are no specific provisions in the safety standards that set forth requirements for devices that block the flow of hydraulic fluid in hydraulic steering systems. Thus, your company as the manufacturer of such a product would not have to certify that a device that blocks the flow of hydraulic fluid in steering systems complies with any safety standards before offering it for sale to the public. However, the addition of this device to a vehicle before the vehicle's first sale to the public could affect the vehicle's compliance with the safety standards. NHTSA's certification regulation requires vehicle manufacturers to permanently attach a label to each of their new vehicles stating that the vehicle complies with all applicable safety standards. See 49 CFR 567.4. The certification regulation also sets forth requirements for persons who modify previously certified vehicles by adding, modifying, or substituting readily attachable components or who modify vehicles so that the stated weight ratings are no longer valid. Such persons are considered 'alterers' of the previously certified vehicles. Alterers are required to leave the original manufacturer's label in place and affix an additional label identifying the alterer and stating that the vehicle, as altered, continues to comply with all applicable safety standards. See 49 CFR 567.7. While your letter gave no details about how this device would be installed on a vehicle, it seems highly unlikely that a device would be treated as 'readily attachable' if it requires the installation of separate lines to carry hydraulic fluid between itself and the power steering unit. Thus, any person that installed this device on a new vehicle before the vehicle's first sale to the public would be required to certify that the vehicle complies with all applicable safety standards with this device installed. After the first sale to the public, persons who modify vehicles are subject to the prohibition in section 108(a)(2) of the Safety Act, 15 U.S.C. 1397(a)(2). That section provides that: 'No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle or item of motor vehicle in compliance with an applicable Federal motor vehicle safety standard...' To avoid a 'rendering inoperative' violation for vehicles that comply with any of our safety standards, you should examine the proposed installation instructions for your device and compare those instructions with the requirements of our safety standards, to determine if installing the device in accordance with those instructions would result in the vehicle no longer complying with any of those safety standards. If the installation of your device would not result in a 'rendering inoperative' of the vehicle's compliance with the safety standards, the device can be installed by dealers, distributors, and repair shops without violating any Federal requirements. Manufacturers of motor vehicle equipment such as your device are also subject to the requirements in sections 151-159 of the Safety Act (15 U.S.C. 1411-1419) concerning the recall and remedy of products with defects related to motor vehicle safety. The Safety Act specifies that if either your company or this agency determines that a safety-related defect exists in your device, your company as the manufacturer must notify purchasers of the safety-related defect and must either: (1) repair the product so that the defect is removed, or (2) replace the product with identical or reasonably equivalent products which do not have a defect. Whichever of these options is chosen, the manufacturer must bear the full expense and cannot charge the owner for the remedy if the equipment was purchased less than 8 years before the notification campaign. For your information, I have enclosed a copy of an information sheet for new manufacturers of motor vehicles and new motor vehicle equipment. This sheet gives a brief description of our regulations and explains how to obtain copies of those regulations. You should also be aware that state laws may apply to the use of your device. For further information on state laws, you may wish to contact the American Association of Motor Vehicle Administrators at 4600 Wilson Boulevard, Arlington, Virginia 22203. I hope this information is helpful. Please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992 if you have any further questions or need additional information. Sincerely, Paul Jackson Rice Chief Counsel Enclosure";