Interpretation ID: nht76-4.19

DATE: 02/12/76

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Hon. Robin Beard - H.O.R.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your January 29, 1976, question whether an owner of a vehicle manufactured to comply with Standard No. 121, Air Brake Systems may legally disconnect portions of the brake system after a vehicle has been delivered for use in his business.

Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. @ 1397(a)(2)(A)) prohibits, with one exception, knowing disconnection of safety components by manufacturers, distributors, dealers, or repair businesses. Thus, there is no prohibition on disconnection by an owner of his own vehicle's system under the Traffic Safety Act. However, State statutes, or the regulations of the Bureau of Motor Carrier Safety may prohibit disconnection. In any case, the NHTSA urges that owners not disconnect safety devices without consultation with the vehicle manufacturer with regard to the safest configuration of the vehicle.

SINCERELY,

Congress of the United States House of Representatives

January 29, 1976

Robert L. Carter Associate Administrator Motor Vehicles Program U. S. Department of Transportation

I have been contacted by a constituent regarding the anti-skid devices on trucks and trailers.

I am informed by my constituent that he has encountered a great deal of expense due to the failure of these devices, such as damaged tires, tow bills, and time spent on repairs. My constituent would like to know if there would be a fine imposed or any type of penalty if these devices were disconnected.

I appreciate your checking on this matter and sending me a reply.

Robin Beard, M. C.