Interpretation ID: 2836yy
Small Business Center
407 Avalon
Marine City, MI 48039
Dear Mr. Malinowski:
This responds to your letter on behalf of Mr. Leo McCallum, asking whether any Federal Motor Vehicle Safety Standard applies to his invention, a tie rod "safety bracket." You stated that the product would typically be installed by a vehicle owner to reduce tie rod end wear. As explained below, while no Federal safety standard directly applies to your client's product, he may nevertheless have certain responsibilities under this agency's regulations.
As way of background information, the National Traffic and Motor Vehicle Safety Act of 1966, as amended (the "Safety Act") authorizes the National Highway Traffic Safety Administration (NHTSA) to issue safety standards applicable to motor vehicles and items of motor vehicle equipment. The Safety Act also requires that these safety standards establish minimum levels of performance for vehicles or equipment. Once the necessary performance level has been established, vehicle or equipment manufacturers are free to choose any means they wish to achieve the required level of performance. In other words, the safety standards do not require the use of any particular manufacturer's product or particular materials; the standards permit the use of any manufacturer's product that achieves the necessary performance level. Section 114 of the Safety Act (15 U.S.C. 1403) requires manufacturers to certify that each of its vehicles or items of motor vehicle equipment complies with all applicable safety standards. NHTSA does not approve, endorse, or certify any motor vehicle or item of motor vehicle equipment.
NHTSA has no safety standard directly about tie rods or safety brackets used with tie rods.
As for installation of your client's device on vehicles in the aftermarket, such installations may be limited 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 motor vehicle repair business from knowingly rendering inoperative any device or element of design installed on or in a motor vehicle in compliance with an applicable safety standard. If installation of your client's product resulted in a vehicle no longer complying with a safety standard, a manufacturer, distributor, dealer, or repair business that installed the product would have rendered inoperative a device or element of design installed on the vehicle in compliance with a standard. To avoid a "rendering operative" violation, your client should examine his product to determine if installing his product would result in the vehicle no longer complying with a standard's requirements.
Section 109 of the Safety Act (15 U.S.C. 1398) specifies a civil penalty of up to $1,000 for each violation of the "render inoperative" provision.
Please note that the Safety Act does not establish any limitations on an individual vehicle owner's ability to alter his or her own vehicle. Under Federal law, individual owners can install any device they want on their own vehicles, regardless of whether that device renders inoperative the vehicle's compliance with a safety standard.
Other statutory provisions in the Safety Act could affect your client's product. Manufacturers of motor vehicle equipment such as the "tire rod safety bracket" are subject to the requirements in sections 151-159 of the Safety Act (15 U.S.C. 1411-1419) on the recall and remedy of products with defects related to motor vehicle safety. The Safety Act specifies that if either the manufacturer or this agency determines that a safety-related defect exists in your client's product, your client as the manufacturer must notify purchasers of the safety-related defect and must either:
(1) repair the part so that the defect is removed; or
(2) replace the part with an identical or reasonably equivalent part which does not have a defect.
Whichever of these options is chosen, the manufacturer must bear the full expense and cannot charge the owner for the remedy if the equipment was purchased less than eight years before the notification campaign.
I hope this information is helpful. If you have any further questions, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.
Sincerely,
Paul Jackson Rice Chief Counsel Enclosures d:2/l/9l