Interpretation ID: loadbind.rm
Office of the General Counsel
Consumer Product Safety Commission
Washington, D.C. 20207
Dear Mr. Brauninger:
This responds to your May 30, 1997, letter asking whether a load binder is motor vehicle equipment. From the information you sent us, load binders appear to be some type of strap or chain used to secure cargo to flat bed trucks. If so, then the answer to your question is yes.
As you are aware, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. Section 30102(a)(7) of 49 U.S.C. Chapter 301 (the "Safety Act"), defines, in relevant part, the term "motor vehicle equipment" as:
(A) any system, part, or component of a motor vehicle as originally manufactured [or] (B) any similar part or component manufactured or sold for replacement or improvement of such system, part, or component, or as an accessory or addition to a motor vehicle... (emphasis added).
In determining whether an item of equipment is considered an accessory, NHTSA applies two criteria. The first criterion is whether a substantial portion of the expected use of the item is related to the operation or maintenance of motor vehicles. We determine a product's expected use by considering product advertising, product labeling, and the type of store that retails the product, as well as available information about the actual use of the product. The second criterion is whether the product is intended to be purchased or otherwise acquired and used principally by ordinary users of motor vehicles. If the product satisfies both criteria, then the product is considered an "accessory," and thus is subject to the provisions of the Safety Act.
Applying these criteria to load binders, it appears that the item would be an accessory and thus an item of motor vehicle equipment under the Safety Act. Based on our understanding of the product, a substantial portion of the expected use of load binders relates to motor vehicle operation. The system is intended to hold cargo secure aboard flatbed trucks during transit. Also, the product would be purchased by and principally used by commercial truck drivers, ordinary users of motor vehicles.
While load binders are an item of motor vehicle equipment, NHTSA has not issued any standards for such a device. Nevertheless, the product's manufacturer is subject to the requirements in 49 U.S.C. sections 30118-30120 concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that the product contains a safety related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. I have forwarded your letter to our Office of Defects Investigation for its consideration.
Additionally, load binders used for transporting cargo in interstate commerce are subject to regulation by the Federal Highway Administration. Accordingly, we will forward your correspondence to the Chief Counsel of that agency for further review.
I hope this information is helpful. If you have any further questions, please feel free to contact Ms. Rebecca MacPherson of my office at (202) 366-2992.
Sincerely,
John Womack
Acting Chief Counsel
ref:VSA
d.7/28/97