Interpretation ID: 19034.wkm
Mr. Joel A. Johnson
32732 SE 76th Street
Fall City, WA 98024
Dear Mr. Johnson:
This responds to your letter to this office asking whether the DC-powered clutch actuator that you use to help activate the clutch in your semi-tractor is prohibited by the Department of Transportation (DOT). I regret the delay in responding. As explained below, an actuator is not prohibited by the National Highway Traffic Safety Administration (NHTSA). However, there are certain restrictions that apply to the installation, if the work is performed by a motor vehicle manufacturer, dealer, distributor, or repair business.
You state that using your leg to activate the clutch on your truck tractor aggravates your injured back, so you have been using the actuator device to assist in activating the clutch. Your employer told you that the device was not "DOT approved" and that use of this device might be breaking the law.
I would like to begin by noting that the Federal Highway Administration (FHWA) has responded to your inquiry on December 30, 1998, with respect to that agency's requirements. We understand that FHWA has determined that the device is permitted under that agency's regulations.
By way of background information, NHTSA has the authority to issue Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. Federal law establishes a self-certification system in which manufacturers certify that their products comply with all applicable FMVSSs. NHTSA neither approves, endorses, nor certifies compliance of any vehicle or item of equipment.
NHTSA has not issued any safety standard that directly applies to clutch devices such as your actuator. However, a motor vehicle manufacturer, dealer, distributor or repair business that installs such a device on a vehicle must ensure that it does not make inoperative any safety feature or device originally installed in or on a motor vehicle in accordance with applicable safety standards.
Individual owners are not subject to the "make inoperative" provision of our statute. That means you may modify your own vehicle without regard to Federal requirements. However, NHTSA recommends that owners not degrade the safety of their vehicles. Further, you may be well advised to check with your attorney, your state Department of Motor Vehicles, and/or your liability insurance carrier as to any state requirements regarding your clutch actuator and any additional potential civil liability you may incur as a result of having it installed in your tractor.
I hope this information is helpful to you.
Sincerely,
Frank Seales, Jr.
Chief Counsel
ref: mis
d.3/4/99