Interpretation ID: 2852yy
Eaton Corporation
Truck Components Operations
P.O. Box 4013
Kalamazoo, MI 49003
Dear Mr. Batten:
This responds to your letter and telephone conversation with Ms. Fujita of my staff concerning Federal Motor Vehicle Safety Standard (FMVSS) No. 124, Accelerator Control Systems. You asked about the standard's "applicable mileage requirement or time domain" for a truck with a gross vehicle weight rating greater than 10,000 pounds. You informed Ms. Fujita that, stated differently, your question is whether NHTSA requires a used vehicle to continue to meet an FMVSS, and if the answer is yes, for what mileage or amount of time the vehicle must meet the standard.
Generally speaking, the answer is no. NHTSA is authorized by the National Traffic and Motor Vehicle Safety Act (Safety Act) to regulate the manufacture and sale of new motor vehicles and motor vehicle equipment. The Safety Act requires a vehicle to comply with applicable FMVSS's until its first purchase in good faith for purposes other than resale.
However, you should be aware that manufacturers, distributors, dealers, or motor vehicle repair businesses modifying a vehicle (new or used) are prohibited by section l08(a)(2)(A) of the Safety Act from knowingly rendering inoperative any device or element of design installed on or in a motor vehicle in compliance with an applicable FMVSS. Thus, in the context of Standard No. l24, a person in the aforementioned categories is prohibited from rendering inoperative an accelerator control system that has been installed in compliance with that standard.
In addition, if the in-use deterioration of the performance of a vehicle or one of its components creates a safety risk, it could constitute a safety-related defect. Pursuant to sections l5l-l54 of the Safety Act, manufacturers are required to notify NHTSA and owners of such safety-related defects and to remedy such defects without charge. Thus, if the accelerator control systems on your vehicles deteriorate such that they no longer would comply with Standard No l24 and create an unsafe situation, that could be the basis for a defect determination, even though the vehicles met all applicable safety standards when they were new.
I also note that our sister agency in the Department, the Federal Highway Administration (FHWA), has operational and equipment requirements for trucks used in interstate commerce. If you are interested in that agency's requirements, you can write to them at the following address:
Office of Motor Carrier Standards Federal Highway Administration 400 Seventh Street, S.W. Washington, D.C. 20590
I hope this information is helpful.
Sincerely,
Paul Jackson Rice Chief Counsel
/ref:124#VSA d:3/4/9l