Interpretation ID: aiam5122
Vetal Hill Off Paud Road
Lothrud Pune-411 004 INDIA;
"Dear Mr. Chaudhari: This responds to your follow-up letter of Novembe 16, 1992, subsequent to our response, dated August 12, 1992, to your earlier letter. I am pleased that the information given you in our previous letter is proving helpful in your work. In your current letter you request information regarding DOT certification of automotive components in general, and 'brake hose ends' in particular. I would like to clarify the relevant points made in our last letter to clear up any misunderstandings. Neither the Department of Transportation (DOT), nor the National Highway Traffic Safety Administration (NHTSA, a part of DOT) conduct any certification testing. Under the National Traffic and Motor Vehicle Safety Act (Safety Act), a copy of which I have enclosed, the manufacturer is responsible for certifying that its components or vehicles are in compliance with NHTSA's safety standards. Manufacturers must have some basis for their certification that a product complies with all applicable safety standards. This does not necessarily mean that a manufacturer must conduct the specific tests set forth in an applicable standard. Certifications may be based on, among other things, engineering analyses, actual testing, and computer simulations. NHTSA tests vehicles and equipment sold to consumers for compliance with the FMVSS's and investigates defects relating to motor vehicle safety. If a manufacturer or NHTSA determines that a noncompliance or safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. A manufacturer of noncomplying or defective products is also subject to civil penalties. With respect to your specific question about 'brake hose ends,' Standard No. 106, 'Brake Hoses,' applies to new motor vehicles and to 'brake hoses' (which include plastic tubing), brake hose end fittings, and brake hose assemblies. A copy of the standard is enclosed. The standard specifies labeling and performance requirements for these products to reduce the likelihood of brake system failure from ruptures in the brake hose or brake hose assembly. New brake hoses, end fittings, and assemblies must meet these requirements to be sold in or imported into this country. If the items do not comply, the manufacturer is subject to the civil penalties and the recall responsibilities mentioned above. I have enclosed a copy of the test procedure manual used by the agency in its tests to verify compliance of the brake hoses. However, please see the Note on page 1 of the procedure manual regarding a manufacturer's certification testing. NHTSA does not authorize testing agencies to perform certification procedures. Therefore, we cannot provide a list of the agencies in India or elsewhere that are capable of certifying motor vehicles or motor vehicle equipment. I hope this information clarifies NHTSA's role in the certification process. If you have any further questions about NHTSA's safety standards, please feel free to contact David Elias of my staff at this address or by telephone at (202) 366-2992. Our fax number is (202) 366-3820. Sincerely, John Womack Acting Chief Counsel Enclosure";