Interpretation ID: aiam2065
Arent
Fox
Kintner
Plotkin & Kahn
Federal Bar Building
1815 H Street
N.W.
Washington
DC 20006;
Dear Mr. Casson: This responds to your September 23, 1975, request for confirmation tha a manufacturer of air-braked buses that conform to Standard No. 121, *Air Brake Systems*, may direct owners of these vehicles to disconnect the antilock system used to meet the standard, for the period necessary to correct a safety-related defect in the system that may make its operation hazardous. Your concern is with S 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A)) that states:; >>> S 1397 (2)(A) No manufacturer, distributor, dealer, or motor vehicle repai business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard <<<; Section 108(a)(2)(A) prohibits, with one exception, the knowin disconnection of the antilock system by a manufacturer, distributor, dealer, or motor vehicle repair business. This prohibition does not prevent an owner of air- braked buses from disconnection of the antilock system. The NHTSA has determined that a manufacturer of air-braked buses that conform to Standard No. 121 may instruct the owners of its products to disconnect the antilock system used to meet the standard, for the period necessary to correct a safety-related defect in the system that may make its operation hazardous.; A manufacturer that has determined the existence of a safety- relate defect in his vehicle must, of course, comply with the Defect Report requirements of 49 CFR Part 573 and the Defect Notification requirements of 49 CFR Part 577.; Sincerely, Frank Berndt, Acting Chief Counsel