Interpretation ID: aiam1918
Aslan Truck Service
P.O. Box 291
Kingsburg
CA 93631;
Dear Mr. Aslan: Thank you for your letter of April 15, 1975, explaining your reason for not purchasing bulk agricultural commodity trailers that conform to the requirements of Standard No. 121, *Air brake systems*. You said that you expect that the new systems will be disabled or destroyed by rough usage in the fields, and that you intend to manufacture trailers that do not conform to the standard.; We have no reason to believe that the new axle systems will be mor susceptible to field hazards than are present systems. Most antilock systems are designed so that the outboard sensor is enclosed in the hub and the wiring harness is routed inside the axle to the antilock module. There are antilock systems that incorporate the antilock module and air valve in the same location as the relay valve found on pre-121 vehicles. We therefore expect little change in the susceptibility of these vehicles to field hazards.; You stated that you intend to manufacture air-braked trailers for you own use which do not comply with Standard No. 121. The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1391, et seq.) prohibits the manufacture of non-complying vehicles after the effective date of an applicable standard as follows:; >>>S 1397(a)(1) No person shall -- (A) manufacture for sale, sell, offer for sale, or introduce or delive for introduction in interstate commerce, or import into the United States, any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this subchapter unless it is in conformity with such standard except as provided in subsection (b) of this section, . . .<<<; From your description, your plans to build vehicles which woul subsequently be introduced in interstate commerce (i.e., driven on the public highway) would appear to be in violation of this section. Civil penalties of up to $1,000 per violation can be assessed under S 1398 of the Act.; I am interested in hearing form you on your experience with Standar No. 121 if you choose to purchase any complying vehicles. In any case, I would like to assure you that the National Highway Traffic Safety Administration (NHTSA) is in the process of monitoring the standard's economic impact. The NHTSA will attempt to identify any modifications that would lower the standard's cost while achieving comparable levels of safety.; Sincerely, James B. Gregory, Administrator