Interpretation ID: 1984-2.18

TYPE: INTERPRETATION-NHTSA

DATE: 07/03/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Dinkelspiel; Donovan & Reder

TITLE: FMVSS INTERPRETATION

TEXT:

US. Department of Transportation

National Highway Traffic Safety Administration

Paul Escobosa, Esq. Dinkelspiel, Donovan & Reder One Embarcadero Center - 27th Floor San Francisco, California 94111

Dear Mr. Escobosa:

In reply to your letter of May 22, 1984, to Mr. Vinson of my office, this is to advise you that you will find the truck air brake standard at 49 CFR 571.121, Motor Vehicle Safety Standard No. 121, Air Brake Systems.

As Mr. Vinson informed you, the "Autostop" braking device about which you inquired is not directly regulated by a Federal motor vehicle equipment or vehicle standard. However, its installation on a truck conforming to Standard No. 121 must not render the air brake system inoperative in whole or in part, pursuant to 15 U.S.C. 1397(a)(2)(A). If installation occurs before the truck is delivered to its first purchaser for purposes other than resale, the installer is required to attach a label to the truck in accordance with 49 CFR 567.7 that the vehicle as altered conforms to all applicable Federal motor vehicle safety standards.

In any event, as an item of motor vehicle equipment, the "Autostop" is subject to the notification and remedy provisions of 15 U.S.C. 1411 et seq. in the event that either its manufacturer or this agency determines that it contains or creates a safety-related defect.

Sincerely,

Frank Berndt Chief Counsel

Taylor Vinson, Esq. Office of Chief Counsel Department of Transportation 400 - 7th Street S.W. Washington, D.C. 20590

Re: Autostop

Dear Mr. Vinson:

Thank you for taking the time to discuss with me the automatic truck braking device which is described in the enclosed Autostop brochure. I was relieved to learn that the device is not within Standard 121 governing air brakes and that no federal testing or other compliance will be necessary for the device to be imported and sold in the United States. I am enclosing the brochure in case this brings to mind any other relevant regulation of which you think we should be aware.

If possible, I would appreciate your sending me a copy of Standard 121 or advising me where I can find it. Again, I thank you for your courtesy.

Very truly yours,

Paul Escobosa PE:ca Enclosure cc: Herman Essen