Interpretation ID: aiam2647
Manager of Engineering Services
Truck Body & Equipment Assoc.
Inc.
5530 Wisconsin Ave.
Suite 1220
Washington
DC 20015;
Dear Mr. Crampton: This responds to your July 22, 1977, request for clarification of m July 21, 1977, letter to you stating that, in the case of brake and axle modifications to change the function of a used vehicle from that for which it was originally manufactured, it is the NHTSA's view that degradation of the brake system would only occur as prohibited by the National Traffic and Motor Vehicle Safety Act (S 108(a)(2)(A)) if portions of the brake system originally installed are removed, disconnected, or otherwise rendered inoperative. You asked whether a change in 'function' of a vehicle would include a modification that simply increases the load-carrying capacity or stability of a vehicle to carry out the same task for which it was originally manufactured.; The answer to your question is no. In the NHTSA's view, the changes yo describe would only increase the capabilities of the vehicle to perform its originally manufactured function. Thus, the 'element of design' that constitutes the original braking system of the vehicle could be knowingly degraded by the installation of an additional axle that does not provide the capability that would have been required for it if installed in the new vehicle.; Sincerely, Joseph J. Levin, Jr., Chief Counsel