Interpretation ID: nht74-4.20

DATE: 07/17/74

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: Imperial-Eastman Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your June 24, 1974, questions whether brake hose manufactured before September 1, 1974, to comply with all performance requirements of Standard 106-74, Brake hoses, may be marked with the DOT symbol after that date, and whether the DOT may be used on hose, fittings, and assemblies prior to that date.

The answer to your questions is no. The DOT symbol means that a vehicle or item of motor vehicle equipment was manufactured in compliance with a Federal motor vehicle safety standard and that it complies with the standard. Therefore, the DOT symbol can not be placed on hose, fitting, or assemblies manufactured before the date the standard becomes applicable to them, whether or not the DOT is actually placed on the hose before or after the effective date.

With regard to your supply of pre-106 vacuum hose, it may be used in assemblies as late as February 28, 1975, and in vehicles as late as August 31, 1975, if it is only clamped to the vehicle and not made into assemblies.

Yours Truly,

Imperial-Eastman Corporation

June 24, 1974

Legal Department National Highway Traffic Safety Administration

Attention: T. W. Herlihy

At the present time, Imperial-Eastman has a large quantity (about a two year supply) of 5/8 I. D. SAE J1403 Vacuum Brake Hose in inventory and it is evident this hose will not be sold before the DOT-106 goes into effect on September 1, 1974 or later. Our customers are already changing drawings and all new purchase orders call for brake hose that meets FMVSS 106.

It is impossible for any hose assembly supplier to sell unmarked hose up to the day 106 goes into effect and then switch to hose with the DOT layline without having a lot of old hose left over.

For this reason, it is imperative we get answers to the following questions as soon as possible.

1. Is it permissible for us to return the J1403 brake hose to the manufacturer and have it DOT branded? This hose meets all FMVSS 106 requirements and it would be marked with the original date of manufacture (Jan. 1972).

2. Is it permissible to purchase, couple and sell DOT hose and assemblies prior to the date 106 becomes effective? This is the only way we can balance our hose inventories and use up unbranded hose.

If it would be more convenient and less time consuming to discuss the above, please don't hesitate to call me collect.

M. A. Chermak