Interpretation ID: nht87-1.96

TYPE: INTERPRETATION-NHTSA

DATE: 06/04/87

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: JEROME A. CZARNOWSKI

TITLE: NONE

ATTACHMT: LETTER DATED 09/16/86 TO CARL CLARK -- NHTSA FROM JEROME A. CZARNOWSKI

TEXT: Dear Mr. Czarnowski:

In September 1986, you sent information concerning your Emergency Air Reserve System (EARS) to Dr. Carl Clark of the National Highway Traffic Safety Administration's (NHTSA's) Office of Research and Development. According to your letter, EARS is a separ ate high-pressure system intended to provide an emergency vehicle with enough air volume and pressure to charge the vehicle's integral system to operating pressure. You stated that the system does not violate the integrity of the vehicle's system, since check-valves, a relief valve and one-way regulator are present.

Later, in February 1987, you asked Dr. Clark for information concerning whether EARS is permitted under Federal Motor Vehicle Safety Standard No. 121, Air Brake Systems. This letter responds to that request.

By way of background information, NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles or equipme nt comply with all applicable standards. The following represents our opinion based on the facts provided in your letter.

NHTSA does not have any specific regulations covering auxiliary devices for the quick pressurizing of air brake systems. However, since your device is tied into a vehicle's air brake system, it could affect a vehicle's compliance with Standard No. 121.

If your device is installed as original equipment on a new vehicle, the vehicle manufacturer is required to certify that, with the device installed, the vehicle satisfies the requirements of all applicable safety standards.

One issue we have examined is whether your device is considered an integral part of the brake system in the sense that it would need to comply with certain of Standard No. 121's requirements, e.g., those for

reservoir strength. A related issue is whether certain parts of the device are considered brake hose and therefore subject to the requirements of Standard No. 106, Brake Hoses.

It is our opinion that your device is not considered part of the braking system, so long as the device is separated from the vehicle's main braking system by a check valve in such a way that the main braking system will not be affected by a leakage failu re in the device. Thus, since your letter indicates that such a check valve is provided, your device itself would not be subject to the requirements of Standards No. 106 and 121. This opinion is limited to the specific factual situation raised by your letter. We note that the device is not intended to replace a vehicle's normal braking system but instead to provide auxiliary air pressure for certain emergency situations. We also note that the requirements of Standards No. 106 and 121 were not writt en to cover the high air pressures used in your system.

If the device is added to a previously certified 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 con tinues to comply with all of the safety standards affected by the alteration.

If the 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, in whole or part, any dev ice 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. This is required by section 108(a)(20)(A) of the National Traffic and Motor Vehicle Sa fety Act.

In response to a request you made to Dr. Clark, Edward Glancy of my staff previously sent a general information sheet to your attorney, Ralph Rath, Esq. The information sheet identifies relevant Federal statutes and NHTSA standards and regulations affect ing motor vehicle and motor vehicle equipment manufacturers. We are also sending a copy of this letter to Mr. Rath.

Sincerely,