Interpretation ID: 9166
Member, United States House of
Representatives
3400 Central Avenue, Suite 200
Riverside, CA 92506
Dear Mr. Calvert:
Thank you for your letter on behalf of your constituent, Mr. Alexander H. Patnode of Lake Elsinore, concerning an engine stand your constituent purchased from Pep Boys. Mr. Patnode asked for assistance after the engine stand caused the engine to fall, injuring his ankle.
As explained below, the National Highway Traffic Safety Administration (NHTSA) considers the engine stand to be "motor vehicle equipment," subject to our regulation. NHTSA has authority to issue Federal motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. 49 U.S.C. section 30102(a)(7) defines "motor vehicle equipment" in relevant part as:
(A) any system, part, or component of a motor vehicle as originally manufactured; (B) any similar part or component manufactured or sold for replacement or improvement of a system, part or component, or as an accessory, or addition to a motor vehicle... (emphasis added)
Although an engine stand is not a system, part, or component of a motor vehicle, it would be considered an "accessory" to a motor vehicle. NHTSA has typically used two criteria in determining whether a product is an "accessory." The first criterion is whether a substantial portion of the expected use of the item is related to the operation or maintenance of motor vehicles. Expected use is determined by considering product advertising, product labeling, the type of store that sells the equipment, and information about how the product is used. The second criterion is whether the product is intended to be purchased or otherwise acquired, and principally used by, ordinary users of motor vehicles. If a product satisfies both criteria, it is deemed an "accessory."
We have determined the engine stand is an accessory, and thus an item of motor vehicle equipment. Applying the two criteria
to the engine stand, (1) the engine stand is intended to be used in the maintenance of motor vehicle engines, and (2) assuming the stand was new when sold to Mr. Patnode, it was intended to be acquired and used by ordinary users of motor vehicles.
We have searched our files by computer for reported complaints about engine stands, and for manufacturers' service bulletins and recalls. The search was conducted according to manufacturer (Rally) and equipment type (motor vehicle equipment: jacks, and other). A summary of the search results is enclosed. We found no reported instance of an injury caused by an engine stand, or of a manufacturer's issuing a service bulletin or recall because of an engine stand problem.
We will keep a copy of Mr. Patnode's letter in our files on reported complaints. In the future, the letter may be helpful in establishing a pattern of safety-related concerns caused by the type of engine stand that resulted in Mr. Patnode's injury.
I hope this information is helpful. If there are any questions, please let me know.
Sincerely,
John Womack Acting Chief Counsel
Enclosure
cc: Harleigh Ewell, Esq. Office of the General Counsel Regulatory Affairs Division U.S. Consumer Product Safety Commission Washington, D.C. 20207-0001 ref:vsa102(4) d:6/18/95