Interpretation ID: nht81-1.21

DATE: 03/03/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Vehtek Marketing Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

March 3, 1981 NOA-30

Mr. Michael J. Klein Vice President Vehtek Marketing Inc. 2795 Townline Road Alden, New York 14004

Dear Mr. Klein:

This responds to your February 12, 1981, letter requesting information concerning any Federal requirements that would be applicable to a water injection system used to increase the efficiency of vehicle fuel systems. Your company's water injection system is sold as aftermarket equipment which is attached to a vehicle's carburetor to increase gas mileage.

For your information, I am enclosing a synopsis of agency interpretations which sets forth the general Federal implications of installing auxiliary fuel tanks in vehicles or of converting vehicle fuel systems. This information explains in detail the responsibilities of a manufacturer under the National Traffic and Motor Vehicle Safety Act, as amended 1979 (15 U.S.C. 1381, et seq.), in relation to a vehicle's fuel system. Although your product is not an auxiliary gas tank and does not require a conversion of the fuel system, the stated principles are applicable to your product since it is motor vehicle equipment. Following is a summary of the most pertinent aspects of that material as it relates directly to your water injection system.

Safety Standard No. 301, Fuel System Integrity, is applicable only to completed new vehicles and would, therefore, not be directly applicable to your motor vehicle equipment. It may be indirectly applicable, however. The standard specifies performance requirements for fuel systems by limiting the amount of fuel leakage which may occur after a barrier impact crash test of the vehicle. Section 108(a)(2)(A) of the Vehicle Safety Act specifies that no manufacturer, distributor, dealer or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle in compliance with an applicable Federal motor vehicle safety standard. Any of these persons would be prohibited from installing your product on a vehicle fuel system if that installation would cause the vehicle to no longer be in compliance with Safety Standard No. 301. Since your letter indicates that the water injection system is not directly attached to a vehicle's fuel system, it is not likely that installation of the product would render inoperative the vehicle's compliance with Safety Standard No. 301. However, your company will have to determine whether in fact the installation would affect compliance. I have enclosed a copy of Safety Standard No. 301 for your information.

Under 49 CFR Part 579, your water injection system would be considered "motor vehicle replacement equipment." Part 579 places the responsibility for safety defects in performance, construction components, or materials of motor vehicle replacement equipment on the manufacturer of such equipment. Under section 108(a)(1)(D) and 109(a) of the Vehicle Safety Act, any manufacturer who fails to provide notification of or remedy for a safety defect in its motor vehicle equipment is liable for a civil penalty of up to $1,000 for each violation. Therefore, it is your responsibility to determine that your water injection system contains no safety-related defects. For example, if your system would cause a vehicle's engine to stall, this could be considered a safety defect by the agency.

In closing, I would state that you do not need any prior approval from the agency before marketing your product. All the responsibilities under the Vehicle Safety Act are placed directly on the manufacturer. I hope you will find this information helpful. Please contact Hugh Oates of my office if you have any further questions (202-426-2992).

Sincerely,

Frank Berndt Chief Counsel

Enclosures

February 12, 1981

Frank Berndt Office of Chief Consul National Highway Traffic Safety Administration 400 7th. Street - South-West Washington, D.C. 20590

Dear Mr. Berndt,

As per my telephone conversation Wednesday, February 11th, 1981, with Steven Wood, I am writing concerning a water injection system we manufacture for automotive use. We recently had some experience with State of New York owned vehicles where we were told that we need D.O.T. approval in order to be legal.

After two days of long distance telephone calls I reached your office. I was told that our situation may involve standard 301, and to mention that to you. Also let me state that we do not tap into the gasoline system or its passage.

Our system is relatively simple in operation. It was patented in 1973 (patent number 3778039) by its inventor, Al Dore, who worked with venter injection since the 1930's. We insert into the boost venturi of the carburetor a brass tube through which the water is drawn in - in much the same way as the gasoline is drawn in - the greater the engine speed, the greater the amount of water. We have a water reservoir mounted in the vehicles engine compartment which when low on water activates a water pump which draws water from a five gallon (D.O.T. 2E rated) container which is mounted, at the customers discretion, in a remote location. I have enclosed a brochure which depicts the system as I have described it. I would like to add that by design no water is drawn into the engine at speeds of below approximately 1500 RPM, as a safety precaution. The system is much more sophisticated than I describe, but for purposes of explanation that is how it works. It uses water at about the rate of one gallon of water to twenty gallons of gasoline.

We have several testimonial letters attesting to considerable mileage increase; above 10%. Most of these average 30%. We give a written money back guarantee of a minimum of a 10% increase in gas mileage! No other water injection manufacturer gives a similar warranty, and there are approximately forty-two other units on the market today. We know our unit works and we're proud to be manufacturing an American made energy saving device. I would appreciate your written comments at your earliest convenience so we may pursue government owned vehicles with the confidence of being legal. I would like to extend my appreciation for your time and efforts.

Sincerely,

Michael J. Klein, Vice President

MJK/JR