Interpretation ID: nht87-2.51

TYPE: INTERPRETATION-NHTSA

DATE: 07/13/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Thomas Wagstaff

TITLE: FMVSS INTERPRETATION

TEXT:

Thomas Wagstaff, Esq. Blackwell, Sanders, Matheny, Weary & Lombardi Five Crown Center 2480 Pershing Road P.O. Box 419777 Kansas City, MO 64141-6777

Dear Mr. Wagstaff:

This letter responds to your inquiry of April 27, 1987. In your letter, you state that you represent a client called Roll-O-Matic Chain Company, and further state that your client is considering a recall of four models of a product called "SureFoot Safet y Walk Ramps." You do not state the nature of the problem that leads your client to consider a recall.

You enclose a customer brochure describing the ramps, providing specifications for them, and explaining their use. The brochure shows that the walk ramp attaches to the rear of a truck trailer, and is used to unload cargo from the trailer. You ask whethe r your client's recall is subject to the notice and reporting requirements of 15 U.S.C. S1391 et seq., and 49 CFR Parts 573 and 577.

Section 1419 of Title 15 U.S.C. defines certain terms used in the context of notice-and-recall campaigns. Among those terms is "replacement equipment," there defined as "motor vehicle equipment (including a tire) other than original equipment." The term "motor vehicle equipment" is defined further in 15 U.S.C. S1391 to include "any accessory...to the motor vehicle." In determining whether an item of equipment is an "accessory," the agency assesses two factors: first, whether the item has no ostensible p urpose other than use with a motor vehicle; and second, whether the item is intended to be used principally by ordinary users of motor vehicles.

While it may appear that the safety ramp has purposes other than use with a motor vehicle, the promotional literature you sent specifies truck/trailer deck heights, and illustrates the ramp's use with a truck trailer. Roll-o-Matic apparently promotes the safety ramp for ordinary users in the business of cargo unloading. (Note that although a person may use this product only when the vehicle is not operating, the agency has the authority to regulate both the operational and nonoperational safety of vehic les.

For these reasons, NHTSA would classify your client's product under SS1419 and 1391 as motor vehicle replacement equipment (specifically as an "accessory"), and your client as a manufacturer of such equipment.

Because 49 CFR Parts 573 and 577 apply to "manufacturers" of "replacement equipment," your client is subject to the notice and reporting requirements of these regulations, and incurs certain obligations with respect to motor vehicle safety related defect s under Part B of the National Traffic and Motor Vehicle Safety Act.

I hope you find this information helpful.

Sincerely, Erika Z. Jones Chief Counsel

April 21, 1987

Ms. Erika Jones Chief Counsel National Highway Traffic Safety Administration 400 7th Street S.W. Room 1519 Federal Express Washington, D.C. 20590

Re: Defect and Non-Compliance Notice and Reporting Requirements

Dear Ms. Jones:

Blackwell Sanders Matheny Weary & Lombardi law firm represents Roll-O-Matic Chain Company, a Kansas City based company. Between the dates December, 1985, and March, 1987, Roll-O-Matic manufactured and sold four models of "SureFoot Safety Walk Ramps." Enc losed herein is a customer brochure describing the ramps, their usage and specifications.

Roll-O-Matic is currently considering a recall of all these model ramps. Roll-O-Matic would replace all the ramps recalled.

Roll-O-Matic requests an official opinion from your office a; to whether a recall of these ramps is subject to the reporting and notification requirements of 15 USC S1391 et seq.. 49 C.F.R. S573. and 49 C.F.R. S577.

We would appreciate as prompt a response as possible.

If you need any additional information, please do not hesitate to call me.

Very truly your

Thomas W. Wagstaff TWW/rmg

Enclosure

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