Interpretation ID: nht75-1.3

DATE: 03/03/75

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

TO: Paul Utans

TITLE: FMVSS INTERPRETATION

TEXT:

MAR 3, 1975 N40-30 (TWH)

Mr. Paul Utans 55 Concord Street Englewood, New Jersey 07621

Dear Mr. Utans:

This responds to your January 19, 1975, questions whether S5.4.3 of Standard No. 105-75, Hydraulic brake systems, permit a brake fluid warning statement on a filler cap to be partially obscured by a locking component placed over it, and whether the statement may include the name of an automobile manufacturer in association with the recommended type of brake fluid.

The answer to both of your questions is no. Section S5.4.3(b) requires that the statement be "located so as to be visible by direct view". This requirement prohibits an arrangement which would obscure any part of the statement, as would the design described in the drawings which accompany your letter. Section S5.4.3(b) permits a location within 4 inches of the brake fluid reservoir filler plug or cap to accommodate arrangements which do not permit use of the filler cap as a location.

The content of the brake fluid warning statement required by S5.4.3 is specified in every respect other than designation of the recommended type of brake fluid. However, S5.4.3 does limit the permissible designation to "the recommended type of brake fluid as specified in 49 CFR S?571.116" and sets out an example of "DOT 3". These criteria do not permit the addition of an automobile manufacturer's name. Such a recommendation could, of course, appear separately in the vehicle's owner's manual.

Yours truly,

Richard B. Dyson Assistant Chief Counsel