Interpretation ID: aiam5094
Jr. Safety Chairman
Unit 169 WBCCI 1149-1 Dowdle Mt. Road Franklin
NC 28734-9650;
"Dear Mr. James: This responds to your letter of October 24, 1992, wit respect to the Tekonsha electronic brake control. You believe that this agency has 'approved' this brake control. Based on your experience towing a travel trailer, you expressed concern about the safety of these particular electronic brake controllers when in service on the public roads, because the stop lamps on the towed vehicle are not activated when the electronic brake control is used to apply the trailer's service brakes. You asked us to review our thinking and 'rewrite the specs on this matter.' Let me begin by emphasizing that this agency has no authority to 'approve,' endorse, or offer assurances of compliance to any items of motor vehicle equipment. All that our letters of interpretation purport to do is to answer questions from manufacturers and other members of the public as to whether the manufacture, sale, and/or installation of equipment is permissible under applicable Federal laws and regulations. Our letter of April 3, 1992, to Echlin, Tekonsha's manufacturer, which you quote at one point, was a letter of interpretation, which concluded that 'it now appears that the sale of the Tekonsha Control is not in violation of the National Traffic and Motor Vehicle Safety Act.' This letter and conclusion can in no way be read as 'approving,' endorsing, or recommending the use of the Tekonsha system. At this time, we do not have, nor are we aware of, any data indicating that there is a real-world safety problem created by use of the Tekonsha brake control. Hence, we have no reason to change the conclusion announced in the April 3 letter to Echlin about the legality of the Tekonsha control. We would be willing to review this matter again if data become available indicating a potential problem. Thus, if you or any member of your organization learns of any specific safety problems that have arisen for vehicles equipped with the Tekonsha control, please let us know. I appreciate your interest in highway safety. It is only through the concern and support of citizens like yourself that this agency can achieve its goal of minimizing deaths and injuries on this nation's highways. Thank you for taking the time to let us know your thoughts on this matter. Sincerely, Stephen P. Wood Assistant Chief Counsel for Rulemaking";