Interpretation ID: nht92-1.34

DATE: December 8, 1992

FROM: George D. James, Jr. -- Safety Chairman, Unit 169 WBCCI

TO: Paul Jackson Rice -- Chief Counsel, U.S. Department of Transportation, NHTSA; Attention: Stephen P. Wood -- Assistant Chief Counsel for Rulemaking, U.S. Department of Transportation, NHTSA

TITLE: RE Tekonsha Electronic Brake Control ("Control")

ATTACHMT: Attached to letter dated 5-21-93 from John Womack to George D. James, Jr. (A41; Std. 108)

TEXT: Thank you for your 12/4/92 reply to my 10/24/92 letter objecting to your "approval" of this brake controller. Because your agency does not "approve", "endorse" or offer assurance of compliance of any M.V, equipment, I err in thinking you have "approved" these controllers.

I still believe that using trailer brakes without activating the STOP LIGHTS is an unsafe procedure AND you imply approval.

You state that "at this time we do not have any data indicating a real-world safety problem created by the use of the Tekonsha brake control".

What data do you need to realize that a rear end collision (or a following vehicle choosing to leave the road to avoid one) or chain-reaction collisions caused by a slowing or stopping vehicle WITHOUT STOP LIGHTS BEING ACTIVATED is not a "real world" safety problem?

How many thousands of such accidents have already been recorded? How many violation citations with or without penalties have been made because of inoperating stop lights?

Mr. Wood, I've just talked with the Macon County Sheriff's Department and the State Highway Patrol (North Carolina) and they both confirm that:

1. There'll be a lot more collisions on the highways if vehicles are permitted to run with non-operating stop lights, and

2. Don't get caught here with stop lights not working or you'll for sure be ticketed.

Now by George, you KNOW this is right. YOU DON'T NEED "MORE DATA"! HOW CAN YOU SAY YOUR AGENCY'S GOAL IS MINIMIZING DEATHS AND INJURIES ON THE HIGHWAYS, and still defend your decision re these new brake controllers? HOW CAN YOU SAY YOU NEED MORE DATA INDICATING A POTENTIAL PROBLEM?