Interpretation ID: nht75-6.18

DATE: 11/01/75 EST

FROM: ROBERT L. CARTER -- NHTSA MOTOR VEHICLE PROGRAMS

TO: RONALD W. COOKE -- E. EDELMANN AND CO

TITLE: N41-42

ATTACHMT: LETTER DATED 05/26/76 FROM RONALD W. COOKE TO JAMES B. GREGORY -- NHTSA

TEXT: Dear Mr. Cooke:

Thank you for your letter of August 19, 1976, to Dr. James B. Gregory, requesting information on aftermarket gas caps as they relate to compliance with Federal Motor Vehicle Safety Standard (FMVSS), No. 301. Your inquiry has been forwarded to this office for reply. Apparently your letter of May 26, 1970, was either lost or misdirected, as we can find no record of it in our files, and we sincerely apologize for this delay in responding to your inquiry.

The National Highway Traffic Safety Administration does not regulate vehicle fuel tank caps as such; however, FMVSS No. 301, Fuel System Integrity, specifies performance requirements to assure the integrity of the entire vehicle fuel system (which includes the fuel tank cap) in various crash modes.

Thus, if installation of your replacement cap 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 cap or offering the vehicle for sale would be in violation of S106(a)(1) of the National Traffic and Motor Vehicle Safety Act (Pub. L. 09-503). That would make the installer or seller subject to civil penalties of up to $ 1,000 for each violation.

Recent amendments to the Traffic Safety Act (Pub. L. 93-292) prohibit any manufacturer, distributor, dealer, or motor vehicle repair business from knowingly rendering inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable motor vehicle safety standard (S109(a) (2) (A)). Thus, it is illegal for any of the above named persons to install a fuel tank cap that he knows will cause the vehicle to be in non-compliance with the fuel system integrity standards. Federal Law does not, however, prohibit the owner of a vehicle from purchasing and installing a fuel tank cap of his choice on his own vehicle, even though he may compromise the Fuel System Integrity Standard.

We are interested in any information regarding safety problems associated with replacement gas caps as a basis for further action. If you could provide any such information, we would be most grateful.

Thank you for sharing your thoughts with us.

Sincerely,