Interpretation ID: nht92-1.9

DATE: 12/28/92

FROM: PAUL JACKSON RICE -- CHIEF COUNSEL, NHTSA

TO: JANET TAYLOR -- MARKETING AND SALES MANAGER, A-PEX INTERNATIONAL CO., LTD.

ATTACHMT: ATTACHED TO LETTER DATED 10-28-92 FROM JANET TAYLOR TO NHTSA OFFICE OF THE CHIEF COUNCIL (OCC 7922)

TEXT: This responds to your letter seeking information on how the laws and regulations administered by this agency would apply to a device called the "Tap Root Equipment Stand." The equipment stand consists of a base plate which is bolted to the floor of a vehicle, a vertical tube which attaches to the base plate, and a rotating shelf at the top of the tube. The stand is intended to be used for portable equipment such as laptop computers, facsimile machines, and car phones.

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

NHTSA does not have any safety standards specifically covering equipment stands. However, it is possible that the installation of an equipment stand could affect the compliance of a vehicle with some safety standards.

All new motor vehicles manufactured for sale in the United States must be certified by their manufacturers as complying with the applicable Federal motor vehicle safety standards. If an equipment stand is installed in a certified vehicle prior to its first sale to a customer, the person making the installation would be considered a vehicle alterer. Under our certification regulation (49 CFR Part 567), a vehicle alterer must certify that the vehicle as altered continues to comply with all applicable Federal motor vehicle safety standards.

Manufacturers, distributors, dealers, or motor vehicle repair businesses modifying a used vehicle are prohibited by Section 108 (a) (2) (A) of the Safety Act from knowingly rendering inoperative any safety 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. Thus, if an equipment stand is installed in a used vehicle, any businesses making such installations cannot render inoperative the vehicle's compliance with any of our standards.

In order to determine how installation of thRvrzz" $`@\"4)4) 4)%$4)%955Y54)Y5 YM4)MI4(4 of the device. The same safety concerns that we expressed in January 1990 remain valid today. xample, S5.4.2 and S5.4.2.1. Nothing in Standard No. 121 specifies an exception for vehicles with a maximum speed below 50 mph. Moreover, since the tests in question are dynamometer tests and not road tests, there would be no difficulty in conducting the tests at a speed higher than the vehicle's maximum speed.

I note that this opinion assumes that Standard No. 121 applies to the vehicles in question. Certain vehicles with slow maximum speeds are excluded from the standard's coverage. See S3. However, these exclusions do not appear to apply to the refuse trucks in question.

Your letter appears to imply that Standard No. 121's dynamometer tests are inappropriate for vehicles which have a maximum speed governed to less than 50 mph. We note, however, that a governor set at 45 mph does not prohibit a vehicle from achieving speeds greater than 50 mph in certain situations such as driving downhill. In addition, as indicated above, the specified decelerations are designed to heat the brakes to simulate the severe driving conditions caused by prolonged and severe use and long downhill driving. The same degree of heating can occur at speeds below 50 mph. Therefore, we believe that the specified tests are appropriate for vehicles with a maximum speed governed to below 50 mph.

If you have any further questions, please feel free to call Mr. Marvin Shaw of my staff at (202) 366-2992. you please give me an interpretation of the Safety Standards as they apply to the CHILD-SAVER.

Thank you for taking the time to consider my request. at they do, in fact, comply with the safety standards. NHTSA also investigates alleged defects related to motor vehicle safety.

Although we do not have any safety standards that directly apply to your product, there are several provisions of the Safety Act that apply to the sale of aftermarket items of motor vehicle equipment. Manufacturers of motor vehicle equipment such as your head restraints are subject to the requirements in sections 151-159 of the Safety Act (15 U.S.C. 1411-1419) concerning the recall and remedy of products with defects related to motor vehicle safety. In addition, the use of aftermarket items could be affected by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A). That section prohibits any manufacturer, distributor, dealer, or repair shop from knowingly "rendering inoperative" any device or element of design 92.