Interpretation ID: aiam4117
General Manager
Backstop
Inc.
240 Pegasus Avenue
Northvale
NJ 07647;
Dear Mr. Harper: This responds to your letter asking whether installation of your touc sensitive reverse braking system called 'Backstop' on an air brake vehicle would conflict with any Federal motor vehicle safety standards or regulations. According to your letter, Backstop is plumbed into the vehicle air brake system and wired to the back up light circuit. The system is activated only when reverse gear is engaged and works by instantly applying the vehicle brakes when the rear bumper is touched while reversing. Shifting to neutral or a forward gear returns the system to normal braking.; By way of background information, the National Highway Traffic Safet Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. The National Traffic and Motor Vehicle Safety Act places the responsibility on the manufacturer to certify that its vehicles or equipment comply with applicable requirements. The following represents our opinion based on the facts provided in your letter and is limited to the standards and regulations administered by NHTSA. You may wish to contact the Bureau of Motor Carrier Safety (BMCS) concerning whether any of its regulations are relevant to the installation of Backstop.; NHTSA does not have any regulations covering a touch sensitive revers braking system such as Backstop. However, since installation of Backstop requires plumbing into the vehicle's air brake system and wiring into the vehicle's backup light circuit, it is possible that it could affect a vehicle's compliance with Federal Motor Vehicle Safety Standards (FMVSS) No. 121, *Air Brake Systems*, and No. 108, *Lamps, reflective devices, and associated equipment*. For example, your letter states that a delay of four milliseconds is introduced to the air brake system response by the insertion of the double check valve in the control line. While this delay is very small, it could conceivably affect a vehicle's compliance with the timing requirements of sections S5.3.3 and S5.3.4 of FMVSS No. 121 if the vehicle otherwise was at the edge of compliance. We suggest that you carefully consider whether installation of Backstop in the variety of current vehicles and vehicle configurations would affect compliance with the requirements of FMVSS No. 121 or any other Federal motor vehicle safety standard.; If your device is added to a new motor vehicle prior to its first sale the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with the safety standards affected by the alteration. The specific certification requirements for alterers are set forth at 49 CFR Part 567.7, *Certification*. On the other hand, you as the manufacturer of Backstop would have no certification responsibilities, because we have no safety standards applicable to your equipment. However, an alterer would probably require information from you in order to make the necessary certification.; If your device is installed on a used vehicle by a business such as garage, the installer would not be required to attach a certification label. However, it would have to make sure that it did not knowingly render inoperative the compliance of the vehicle with any safety standard. This is required by section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act.; Should a safety- related defect be discovered in your device, whethe by the agency or yourself, you as the manufacturer would be required under sections 151 *et* *seq*. of the Act to notify vehicle owners, purchasers, and dealers and provide a remedy for the defect.; Sincerely, Erika Z. Jones, Chief Counsel