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Interpretation ID: GF007915

    Mr. Derek Dean
    ACDelco
    2506 Frederick Drive
    Conway, AK 72034


    Dear Mr. Dean:

    This responds to your e-mail regarding various issues related to aftermarket brake pads. The issues raised by your letter are addressed below.

    By way of background, the National Highway Traffic Safety Administration (NHTSA) issues safety standards applicable to new motor vehicles and new items of motor vehicle equipment. 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.

    First, you ask about Federal motor vehicle safety standards (FMVSSs) applicable to brake pads on new vehicles, as well as aftermarket brake pads. There is no Federal motor vehicle safety standard (FMVSS) specifically applicable to new brake pads. Instead, several FMVSSs regulate entire brake systems. Specifically, Standards No. 105, 121, 122, and 135 regulate brake systems for various types of motor vehicles. Vehicle manufacturers are responsible for certifying that their vehicles comply with all applicable FMVSSs, including relevant brake system requirements. Accordingly, brake pad manufacturers are not directly responsible for any certification requirements.

    Although NHTSA does not directly regulate brake pads, any brake pad designed to be used on a motor vehicle is an item of "motor vehicle equipment" and is subject to the notification and remedy (recall) provisions of 49 U.S.C. 30118-30120. 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. Thus, defective aftermarket brake pads could be subject to our recall provisions.

    In you letter, you discuss the obligations of repair businesses. Although our regulations do not address brake pad replacement procedures, we note that states may regulate repair businesses and how they perform their work.

    In your letter, you ask about NHTSA research related to brake quality and causation of rear impact crashes, and about complaints pertaining to poorly performing brake pads. We note that NHTSA conducts various research projects related to braking performance, and our Office of Defects Investigations maintains a publicly accessible database of complaints filed with NHTSA. We suggest that you visit our web site at www.NHTSA.gov, where you may be able to find helpful information pertaining to your questions.

    Finally, you ask for our opinion on the "D3EA certification that GM has voluntarily adopted for use on DuraStop our Aftermarket Brake line to help ensure our brake parts do indeed keep the vehicle in compliance with the FMVSS". As discussed above, NHTSA does not provide approvals or endorsement for motor vehicle equipment.

    I hope this information is helpful. If you need further assistance, please contact George Feygin of my staff at this address or at (202) 366-2992.

    Sincerely,

    Jacqueline Glassman
    Chief Counsel

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    d.1/3/05