Interpretation ID: nht91-6.11

DATE: September 27, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Phillip Ramos, Jr. -- Philatron International

TITLE: None

TEXT:

This letter concerns an issue you raised with Mr. Robert Hellmuth of NHTSA's Enforcement office about the oil resistance test requirement of Standard 106, Brake Hoses. Your company manufactures a hose assembly that is designed for use between a towed and a towing vehicle. You believe that the oil resistance test requirement does not apply to your product.

Your view is incorrect. Standard 106 defines "brake hose" as "a flexible conduit, other than a vacuum tubing connector, manufactured for use in a brake system to transmit or contain the fluid pressure or vacuum used to apply force to a vehicle's brakes" (S4 of 49 CFR S571.106). Your hose is encompassed within that definition of a "brake hose." S7.3 of the standard states that "Each air brake hose assembly or appropriate part thereof shall be capable of meeting any of the requirements set forth under this heading...." The oil resistance requirement (S7.3.4) is included in S7.3. Thus, the requirement applies to your product.

We note that neither the standard nor the oil resistance requirement has any provision to exclude hose designed for use between a towed and a towing vehicle from the oil resistance requirement. In contrast, there are requirements of the standard that distinguish between brake hose used between a towed and a towing vehicle and hose used in other applications. (See, for example, the tensile strength test requirement of S7.3.10 for air brake hose assemblies.) If the agency intended to exclude hose such as yours from the oil resistance requirement, the exclusion would have been set forth in S7.3.4 or elsewhere in the standard.

We also would like to remind you that, in the event your firm has or obtains knowledge that your brake hose and assemblies do not meet the requirements of Standard 106, you must submit to NHTSA a Noncompliance Information Report in accordance with 49 CFR Part 573. The report must be submitted within five days after you determine that your product fails to comply with a motor vehicle safety standard.

Mr. Hellmuth has informed me that the Enforcement office will include your firm's air brake hose assemblies in the agency's fiscal year 1992 compliance test program. The agency will keep you advised of the status of the tests and will supply you with a copy of the final report when the tests are complete.

Please contact my office if you have further questions.