Interpretation ID: 1985-01.6

TYPE: INTERPRETATION-NHTSA

DATE: 01/04/85

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Ron Cortez -- Marketing Director, Deco International Corporation

TITLE: FMVSS INTERPRETATION

TEXT:

Office of Chief Console N.H.T.S.A.

Dear Ms. or Mr.,

Please inform me as to the proper procedure for certifying an entirely new device that will enhance the braking features of trucks and/or passenger vehicles.

Our product, when incorporated into the vehicles braking system will allow the driver to brake the vehicle to a stop once, remove his or her foot from the brake pedal and have the vehicle remain motionless, under brake pressure, until the throttle position is advance.

This will enable the driver to accelerate from a stop on a hill without the fear of a 'roll back'.

One simply brings their vehicle to a stop, and removes their foot from the brake pedal. Our device automatically engages, holding the vehicle motionless, until the accelerator is advanced.

In that this device must be installed in conjunction with the vehicles original brake system, we are concerned as how to properly certify the device.

Mechanically the device must be spliced into the hydraulic brake system of the vehicle. Sensors are attached to the speedometer cable, at the transmission, and on the throttle linkage. Disengagement is a result of either application of the throttle and/or movement of the vehicle as detected at the speedometer cable.

Please forward any and all infomation pertaining to the certification requirements of such an 'aftermarket' device.

Thank you very much for your quick response and assistance.

Sincerely,

Ron Cordez Marketing Director

Mr. Ron Cortez Marketing Director Deco International Corporation 12612 Osborne Street Pacoima, California 91331

Dear Mr. Cortez:

This response to your letter asking about Federal requirements applicable to an aftermarket device designed to enable a driver to accelerate from a stop on a hill without the fear or a "roll back." Once the device is installed, the driver may brake the vehicle to a stop once, remove his or her foot from the brake pedal and have the vehicle remain motionless, under brake pressure, until the throttle position is advanced. According to your letter, the device must be spliced into the hydraulic brake system of the vehicle. Sensors are attached to the speedometer cable, at the transmission, and on the throttle linkage. Disengagement is a result of either application of the throttle and/or movement of the vehicle as detected at the speedometer cable.

By way of background information, the agency does not provide approvals of vehicles or equipment. The National Traffic and Motor Vehicle Safety Act places the responsibility on the manufacturer to insure that its vehicles or equipment comply with applicable requirements. A manufacturer then certifies that its vehicles or equipment comply with applicable standards. The following opinion is based on the information provided in your letter.

The agency does not have any regulations covering hill-hold devices designed to be attached to the braking system of a vehicle. However, since installation of your device requires cutting into a vehicle's braking system, it may affect a vehicle's compliance with other safety standards.

If your device is added to a new motor vehicle prior to its first sale, the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration. In the case of your device, this would include Safety Standard No. 105, Hydraulic Brake Systems (49 CFR 571.105). You will find the specific certification requirements for alterers at 49 CFR Part 567.7, Certification. On the other hand, you as the manufacturer of the device would have no certification requirements, because we have no safety standards applicable to your equipment. However, an alterer would probably require information from you in order to make the necessary certification.

If your device is installed on a used vehicle by a business such as a garage, the installer would not be required to attach a certification label. However, it would have to make sure that it did not knowingly render inoperative the compliance of the vehicle with any safety standard. This is required by section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act, which states in relevant part:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard. . . . .

Standard No. 105 includes various requirements that might be affected by installation of your device. We are not able to determine from the information provided in your letter whether compliance with the standard would be affected. We suggest that you carefully examine all of Standard No. 105's requirements to determine the degree to which installation of your device affects compliance with the standard. Requirements included in the standard include, among others, ones on stopping distance, split systems, and the ability of a baking system to withstand a series of spike stops, which might be affected by your device.

Moreover, should a safety-related defect be discovered in your device, whether by the agency or yourself, you as the manufacturer would be required under sections 151 et. seq. of the Act to notify owners, purchasers, and dealers and provide a remedy for the defect.

I have enclosed an information sheet which explains where to obtain copies of our standards and regulations.

Sincerely,

Frank Berndt Chief Counsel

Enclosure