Interpretation ID: 1984-3.14

TYPE: INTERPRETATION-NHTSA

DATE: 08/27/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Cepcor; Inc.

TITLE: FMVSR INTERPRETATION

TEXT:

Mr. Carl Tolf President Cepcor, Inc. P.O. Box 988 St. Charles IL 60174

Dear Mr. Tolf:

This responds to your letter of July 18, 1984, asking about the applicability of Federal motor vehicle safety standards to a type of load carrier you are considering manufacturing, called "BakPak." Materials provided with your letter indicate that the device is a container which is attached to a vehicle by means of a tow bar. When attached to a vehicle, the device becomes an integral part of the vehicle in the sense that there are no road wheels, and thus it is not a trailer.

By way of background information, the agency does not grant approvals of motor vehicles or motor vehicle equipment. The National Traffic and Motor Vehicle Safety Act places the responsibility on the manufacturer to ensure that its vehicles or equipment comply with applicable requirements. A manufacturer then certifies that its vehicles or equipment comply with applicable requirements. The following represents our opinion based on the information provided in your letter and accompanying materials.

There are no Federal motor vehicle safety standards applicable to a device such as "BakPak." However, the defect provisions of the National Traffic and Motor Vehicle Safety Act are applicable even in the absence of an applicable safety standard. Manufacturers of motor vehicles and motor vehicle equipment are responsible generally that vehicles and equipment they manufacture are free from safety-related defects and can perform their intended function safely. Should a safety-related defect be discovered in your device, whether by the agency or by yourself, you as the manufacturer would be required under Sections 151 et seq. of the Act to notify owners and provide a remedy free of charge. I would also recommend that you check whether there are any State laws applicab1e to your device.

Sincerely,

Frank Berndt Chief Counsel

Wednesday 18 July 1984

Mr. Frank Berndt 202-426-2832 Chief Counsel National Highway Traffic Safety Administration 400 7th Street, S.W. Washington, D. C. 20590

Enclosed are copies of literature describing the "BakPak", a unique concept in load carriers, which is being successfully manufactured and distributed in the United Kingdom.

Ms. Gayla Barker of your Homewood, Illinois office is sending me copies of Federal Standards 108 and 109.

Mr. Bob Eppes, Motor Vehicle Specialist, of your Kansas City office has been very helpful in advising individuals and/or organizations we should contact before manufacturing the "BakPak" in the United States.

Please advise any Motor Vehicle Compliance Standards that pertain to this product and what steps we should take to insure that our product is in compliance.

Carl Tolf President Enclosures: CT/ct Copy: M. H. Weaver