Interpretation ID: 2808yy
Minority Co-ordinator
Del Mar Manufacturing Company
2713-B North Towne Avenue
Pomona, California 91767
Dear Mr. O'Hara:
This responds to your letter of December 11, 1990 in which you ask whether your product "Husky Brake Anti-Squeek" needs approval of the Department of Transportation (DOT). An enclosure to your letter indicates that the product is intended for application on the pad surface of motor vehicle disc brakes to "stop brake squeeking" and to "produce a surface that gives better braking" by acting as a "lubricant to the friction material." I am pleased to have this opportunity to explain our law and regulations for you.
The National Highway Traffic Safety Administration (NHTSA) (part of DOT) does not certify or approve motor vehicles or motor vehicle equipment for compliance with the Federal Motor Vehicle Safety Standards. Instead, the National Traffic and Motor Vehicle Safety Act (the Safety Act; 15 U.S.C. 1381 et seq.) establishes a "self-certification" process under which each manufacturer is responsible for certifying that every one of its products complies with all applicable safety standards. This agency periodically tests vehicles and items of motor vehicle equipment for compliance with the safety standards and also investigates other alleged defects related to motor vehicle safety.
There is currently no Federal motor vehicle safety standard that is directly applicable to the product you wish to manufacture and sell. However, there are other requirements that may affect this product. First, manufacturers of motor vehicle equipment 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.
Section 102(4) of the Safety Act (15 U.S.C. 1391(4) defines, in relevant part, the term "motor vehicle equipment" as:
any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any accessory, or addition to the motor vehicle . . .
If the "Husky Brake Anti-Squeek" is manufactured and sold for the improvement of motor vehicle brake systems, it would be considered "motor vehicle equipment" within the meaning of the Safety Act. If either the equipment manufacturer or this agency were to determine that your product contained such a defect, the manufacturer would have to notify purchasers of the defect and remedy the problem free of charge to the purchasers.
Second, use of this product could be affected by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits manufacturers, distributors, dealers, or repair shops from knowingly "rendering inoperative" devices or elements of design that were installed in a motor vehicle to comply with the Federal Motor Vehicle Safety Standards. To avoid a "rendering inoperative" violation, the above-named parties should review the application instructions for your product and determine if installing the product following those instructions would result in the vehicle no longer complying with the requirements of the safety standards. The most relevant safety standard appears to be Standard No. 105, Hydraulic Brake Systems. That standard applies to new motor vehicles.
I hope that this information has been helpful. For your information, I am enclosing an information sheet for new manufacturers of motor vehicles and motor vehicle equipment and information on how to obtain copies of motor vehicle safety standards. Please feel free to contact us if you have any further questions.
Sincerely,
Paul Jackson Rice Chief Counsel Enclosure
ref:VSA#l05#l2l d:l/l4/9l