Interpretation ID: aiam1503
Controller
Hellstar Corporation
1600 N. Chestnut
Wahoo
NE 68066;
Dear Mr. Robberts: This is in response to your letter of May 13, 1974, requestin information concerning the existence of any Federal Motor Vehicle Safety Standards applicable to auxiliary fuel tanks.; The National Highway Traffic Safety Administration has promulgated n motor vehicle safety standard relating to auxiliary fuel tanks. There is, however, a safety standard which imposes performance requirements upon motor vehicles with regard to their fuel systems. Thus if installation of the auxiliary 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. That would make the installer or seller subject to civil penalties of up to $1,000 for each violation.; The National Traffic and Motor Vehicle Safety Act authorizes th Secretary of Transportation to make a determination as to whether or not an item of motor vehicle equipment contains a defect which relates to motor vehicle safety. If he finds that a safety-related defect exists, he may compel the manufacturer to notify purchasers of the hazard. Therefore, even though auxiliary fuel tanks are not the subject of a standard, they still must be safely designed.; For your information, I have enclosed a copy of the Federal Safet Standard relating to motor vehicle fuel systems.; Yours truly, Richard B. Dyson, Assistant Chief Counsel