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Interpretation ID: nht74-5.56

DATE: 06/06/74

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Hellstar Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of May 13, 1974, requesting information concerning the existence of any Federal Motor Vehicle Safety Standards applicable to auxiliary fuel tanks.

The National Highway Traffic Safety Administration has promulgated no motor vehicle safety standard relating to auxiliary fuel tanks. There is, however, a safety standard which imposes performance requirements upon motor vehicles with regard to their fuel systems. Thus, if installation of the auxiliary tank is accomplished prior to the first purchase of the vehicle for purposes other than resale causing the vehicle's fuel system not to be in compliance with the applicable safety standard, the person installing the tank or offering the vehicle for sale would be in violation of @ 108(a)(1) of the National Traffic and Motor Vehicle Safety Act. That would make the installer or seller subject to civil penalties of up to $ 1,000 for each violation.

The National Traffic and Motor Vehicle Safety Act authorizes the Secretary of Transportation to make a determination as to whether or not an item of motor vehicle equipment contains a defect which relates to motor vehicle safety. If he finds that a safety-related defect exists, he may compel the manufacturer to notify purchasers of the hazard. Therefore, even though auxiliary fuel tanks are not the subject of a standard, they still must be safely designed.

For your information, I have enclosed a copy of the Federal Safety Standard relating to motor vehicle fuel systems.

Enc.

HELLSTAR CORPORATION

May 13, 1974

U. S. Department of Transportation National Highway Traffic Administration

Hellstar is making auxilary gas tanks for pickups, which is added to the pickup after manufactured from original manufacturer.

What are the regulations and what standards do we have to meet? Is there any test requirement necessary?

Merle O. Roberts Controller