Interpretation ID: aiam2192
General Counsel
General Teamsters Local 959
State of Alaska
P.O. Box 2092
Anchorage
AK 99510;
Dear Mr. Witt: This responds to your January 29, 1976, questions whether a owner-operator of a vehicle manufactured to comply with Standard No. 121, *Air Brake Systems*, may legally disconnect portions of the brake system after a vehicle is delivered, or specify that the vehicle be delivered without certain portions of the brake system installed. your members are asking about the antilock portion of the brake systems installed to meet the 'no lockup' provisions of the standard (S5.3.1).; Two provisions of the National Traffic and Motor Vehicle Safety Act (1 U.S.C. S 1381 *et seq*.) are involved. Section 108(a)(1)(A) prohibits the sale of any vehicle unless it complies with all applicable safety standards that were in effect on the date of the vehicle's manufacture. This means that a member cannot purchase a newly-constructed tractor with portions of the brake system disconnected, if those portions are installed in compliance with the standard. The antilock portions of the system are, as far as I know, installed in compliance with the standard and therefore cannot be disconnected prior to sale.; Section 108(a)(2)(A) with which you are familiar prohibits, with on exception, knowing disconnection of the antilock system by manufacturers, distributors, dealers, repair businesses. Thus, there is no prohibition on disconnection by an owner- operator of his own vehicle's system under the Traffic Safety Act. However, other State or Federal statutes, or the regulations of the Bureau of Motor Carrier Safety may prohibit disconnection. In any case, the NHTSA urges that you not disconnect safety devices without consultation with the vehicle manufacturer with regard to the safest configuration of the vehicle.; Sincerely, Frank Berndt, Acting Chief Counsel