Interpretation ID: 77-5.10
TYPE: INTERPRETATION-NHTSA
DATE: 12/21/77
FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA
TO: McElwee, Hall & McElwee
TITLE: FMVSS INTERPRETATION
TEXT: This responds to your recent letter asking whether the Holly Farms Service Center would qualify as a "motor vehicle repair business" as that term is defined in Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act, as amended (15 U.S.C. 1381, et seq.). This is an elaboration of our letter to you of November 8, 1977.
According to your description, the Holly Farms Service Center only repairs and maintains vehicles owned by Holly Farms, except for an occasional repair as an accomodation to another company whose vehicle has broken down on the premises.
Section 108(a)(2)(A) specifies that "motor vehicle repair business" means
"any person who holds himself out to the public as in the business of repairing motor vehicles or motor vehicle equipment for compensation."
Based on your description of the function of the Holly Farms Service Center, it would not be considered a "motor vehicle repair business" for purposes of the Vehicle Safety Act. The fact that the Service Center occasionally repairs another company's vehicles does not change our interpretation, provided the Service Center does not hold itself out to the public as being in the business of making such repairs for compensation.
Since the Service Center would not be considered a "motor vehicle repair business", it could alter the braking systems on Holly Farms' vehicles without violating the "render inoperative" provisions of Section 108(a)(2)(A).
SINCERELY,
McELWEE, HALL & McELWEE
December 2, 1977
Hugh Oates Office of the Chief Counsel National Highway Traffic Safety Administration
Re: Holly Farms Poultry Industries, Inc. FMVSS 121 Air Brake Systems
In accordance with our telephone conversation of this date, I enclose herewith a copy of our letter of November 17, 1977. We would appreciate an immediate reply to the questions posed therein.
MCELWEE, HALL & MCELWEE William C. Warden, Jr.
ENC.
McELWEE, HALL & McELWEE
November 17, 1977
Hugh Oates Office of the Chief Counsel National Highway Traffic Safety Administration
Re: Holly Farms Poultry Industries, Inc. FMVSS 121 Air Brake Systems
Holly Farms Poultry Industries, Inc. has as one of its divisions a unit called "The Service Center." This garage repairs Holly Farms' own vehicles such as tractor-trailers. There are approximately 139 tractors, and Holly Farms has service center shops in Maryland, Virginia, North Carolina and Texas. Only Holly Farms' vehicles are repaired or maintained at these centers, except occasionally if another company's vehicle should break down at the Holly Farms premises, as an accommodation, this service center will perform some minor repairs to get the vehicle back on the road. Holly Farms Service Center does not repair vehicles for compensation for the general public.
In reference to your letter of November 8, 1977 to Congressman Stephen L. Neal, we would like to clarify with you and have an expression of your opinion as to whether or not the Holly Farms Service Center comes within the prohibitions of 15 U.S.C.A. 1397 (a) (2) (A). In particular, as to whether or not the Service Center is included in the term "motor vehicle repair business." As you are no doubt aware, Holly Farms is contemplating disconnecting portions of the brake systems upon vehicles it owns and operates itself, and would like to have its own Service Center do this. Therefore, does the aforementioned section of the Code prohibit Holly Farms Service Center from disconnecting the safety device. Please express your opinion in a letter to me.
William C. Warden, Jr.
cc: ODELL WHITTINGTON; VERNON CHURCH