Interpretation ID: GF007509
Mr. Roger J. Davenport
General Highway Products, Inc.
PO Box 596
878 Sussex Blvd.
Broomall, PA 19008
Dear Mr. Davenport:
This responds to your August 26, 2005, letter asking for our analysis of an auxiliary electrical connection to a vehicles braking system, and the potential ramifications associated with the addition of a foreign electrical circuit to a braking system.
By way of background, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under 49 U.S.C. Chapter 301, manufacturers are required to certify that their vehicles and equipment meet applicable requirements.
While we are unable to provide you with a technical analysis of your question, we will discuss the Federal laws that can affect your situation.
Your letter describes an electrical device designed for emergency vehicles called 3M Emergency Vehicle Preemption System ("3M device"). The 3M device is installed on emergency vehicles and is used to send a coded infrared signal to the traffic light directly ahead of the emergency vehicle. Upon receiving the signal from the 3M device, the traffic light turns red, except in the direction facing the emergency vehicle. This assists emergency vehicles in safer passage through intersections. Your letter indicates that your customers request that the 3M device be automatically disabled when the parking brake is applied. However, this automatic deactivation feature would require an auxiliary electrical connection to the vehicle braking system.
The auxiliary electrical connection described in your letter is not specifically addressed by the applicable Federal motor vehicle safety standards. However, if an auxiliary device such as the 3M device is installed as original equipment on a new vehicle, the vehicle manufacturer is required to certify that, with the device installed, the vehicle satisfies the requirements of all applicable Federal safety standards. If the device is added to a previously certified 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 all of the safety standards affected by the alteration.
Further, Federal law also limits the modifications that can be made by certain businesses to used vehicles. Specifically, if the 3M device is installed after the first retail sale of the vehicle, 49 U.S.C. 30122 prohibits a manufacturer, distributor, dealer, or motor vehicle repair business from "making inoperative, in whole or in part" any part of a device or element of design installed on or in a motor vehicle in compliance with an applicable safety standard. Thus, despite an absence of an express prohibition of auxiliary electrical connections to the braking systems, it is your responsibility to ensure that the installation of the 3M device would not adversely affect the vehicles compliance with any of our safety standards.
We note that because the 3M device described in your letter is designed to be used on a motor vehicle, it is an item of "motor vehicle equipment" as defined in 49 U.S.C. 30102(a)(7)(B), and is subject the recall and remedy provisions of 49 U.S.C. 30120. If a manufacturer or NHTSA determines that the product contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the defective vehicle or item of motor vehicle equipment and remedying the problem free of charge.
Finally, we note that you may wish to contact a private attorney to ascertain any potential State tort law liabilities you may incur as consequence of tampering with the vehicle braking system.
For your convenience we are attaching information materials for vehicle manufacturers. If you have any further questions about NHTSA's safety standards, please feel free to contact George Feygin of my staff at this address or by telephone at (202) 366-2992.
Sincerely,
Stephen P. Wood
Acting Chief Counsel
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