Interpretation ID: aiam2313
Service Director
City of Marion
685 Delaware Avenue
Marion
OH 43302;
Dear Mr. Eblin: This responds to your May 6, 1976, request for permission to remove th brake system from two trucks that were manufactured with brake systems conforming to the requirements of Standard No. 121, *Air Brake Systems*.; From the description of the problems you have encountered with th vehicles, I assume that you do not intend to remove the entire brake system, but only one or more antilock systems installed in satisfaction of the 'no lockup' requirement of S5.3.1 of Standard No. 121. Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S 1397(a)(2)(A)) prohibits, with one exception, knowing disconnection of the antilock system by a manufacturer, distributor, dealer, or repair business. Your dealer's refusal to remove the devices is probably based on this prohibition.; A person that does not fall into these categories is not prohibite from disconnection of the systems. Other State or Federal requirements, such as those of the Bureau of Motor Carrier Safety for operation in interstate commerce, may prohibit disconnection. In any case, the NHTSA urges that you not disconnect safety devices without consulting the vehicle manufacturer with regard to the safety configuration of the vehicle.; Sincerely, Frank Berndt, Acting Chief Counsel