Interpretation ID: nht75-5.15

DATE: 07/03/75

FROM: AUTHOR UNAVAILABLE: Richard B. Dyson; NHTSA

TO: APAA

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter inquiring whether certain automotive products are subject to the defect reporting requirements of the Traffic Safety Act (Section 158(a)(1)), and whether manufacturers are required to submit defect reports on communications arising out of improper customer maintenance or abuse.

Section 102(4) of the Traffic Safety Act defines "motor vehicle equipment", in part, as:

"* * * any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any accessory, or addition to the motor vehicle * * *"

Thus, any item of equipment which becomes "part" of the motor vehicle is an item of motor vehicle equipment covered by the Act. We further have determined that any item of equipment intended by the equipment manufacturer for use principally by the user of a motor vehicle, or any item that is normally kept in the vehicle, is an "accessory" to the vehicle and is also covered by the Act.

In deciding whether or not the items listed in your letter are items of motor vehicle equipment and thus subject to the defect reporting requirements of the Act, the above factors were considered. In the list below, those items not considered motor vehicle equipment are "repair shop items," not intended for principal use by the user of a motor vehicle. The particular reason for the inclusion of each of the other items within the coverage of the Act is given following each item.

Hand tools:

Lugnut tightner: Yes, because it is principally intended for use by a motor vehicle user with the vehicle. Therefore, it is an accessory.

Clutch adjusting tool: No. It is not an accessory as principal intended use is by someone other than the user, such as a repairman.

Feeler gauge: No.

Battery carrier: No.

Point file: No.

Ratchet wrench: No.

Mechanical tools: Sanders: No.

Pullers: No.

Crankshaft grinder: No.

Honing machine: No.

Repair kits:

Soldering/welding kits: No.

Tire repair kits: Yes, because the plugs, cement, vulcanizing liquid and patches become part of the tire and thus part of the motor vehicle.

Suspension devices:

Sway bars: Yes, because they become part of the vehicle when attached thereto.

Steering stabilizers: Yes, because they become part of the vehicle when attached thereto.

Wheel balancers: If you are referring to the machine used to balance wheels, then it is not an item of motor vehicle equipment as it is not an accessory. If you are referring to the actual weights attached to the wheels, then they are motor vehicle equipment because they become part of the vehicle.

Towing devices:

Chains: Yes, because during the towing operation, they become part of the vehicle.

Hitches: Yes, because they are attached to the vehicle and thereby become part of it.

Towbars: Yes, because during the towing operation, they become part of the vehicle.

Test instruments:

Timing light: No.

Tire gauges: Yes, to the extent that they are sold principally to owners for use with the vehicle.

Compression tester: No.

Vacuum and fuel pump tester: No.

Chemicals:

Traction compound chemical: If by this you mean some sort of substance designed to help owners get their vehicle moving on slippery surfaces, then it is an accessory and is covered.

Lubricants: Yes, because they become part of the vehicle.

Miscellaneous:

Anti-theft devices: Yes, because they become part of the vehicle.

Battery cables: Yes, if they are sold to vehicle users for use primarily with vehicle.

Battery charger: No.

Fire extinguisher: Yes, if it is sold principally to users for use with the vehicle.

Flares: Yes, because they principally intended for use with the vehicle by users.

Fusees: Yes, because they are principally intended for use with the vehicle by users.

Mudflaps: Yes, because they become part of the motor vehicle.

Traction bars: Yes, because upon installation they become part of the vehicle.

Wheel adaptors: Yes, because upon installation they become part of the vehicle.

In response to your question concerning the submission of defect reports, it is important to note that the intent of Section 158 of the Act is to provide the National Highway Traffic Safety Administration (NHTSA) with the information it needs in order to fulfill its responsibility to examine manufacturers' judgments regarding the relationship to safety of vehicle and equipment defects. If a manufacturer discovers a safety-related defect in its product the manufacturer is avoiding the imposition of a penalty by forwarding copies of communications regarding such defect to NHTSA. If, on the other hand, the product does not contain a safety-related defect, the manufacturer does not incur any liability for having forwarded copies of communications concerning the defect to the NHTSA.

The regulations concerning defect reporting provide that only communications "sent to more than one dealer or purchaser . . . regarding such defect" be forwarded to the NHTSA (49 CFR @@ 573.4(c)(8) and 573.7). It would appear that the communications about which you are concerned are principally individual communications to individual purchasers or dealers. The manufacturer would not have to submit copies of such communications to the NHTSA. This provision is carried over into the proposed amendments to Part 573 which are being issued in order to bring the regulation into line with Section 158 by including equipment manufacturers (39 F.R. 1863, January 15, 1974; 39 F.R. 43075, December 10, 1974).

If you have any further questions, please feel free to contact us.