Interpretation ID: nht94-8.43

DATE: January 25, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Lawrence F. Henneberger -- Arent Fox Kintner Plotkin & Kahn

TITLE: None

ATTACHMT: Attached to letter dated 9/20/93 from Lawrence F. Henneberger to John G. Womack (OCC 9115)

TEXT:

This responds to your letter in which you request an interpretation of Federal Motor Vehicle Safety Standard (FMVSS) 105, Hydraulic Brake Systems, on behalf of your client, MICO, Inc. I apologize for the delay in our response. You ask that the agency give you an interpretation that FMVSS 105 does not preclude the installation of MICO's product, an auxiliary hydraulic brake lock, under the circumstances you have described.

As you note in your letter, NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with applicable safety standards. The following represents our opinion based on the facts provided in your letter.

According to your letter, MICO's auxiliary hydraulic brake lock operates as follows. The device permits hydraulic system fluid to pass from the master cylinder to the brakes when the brake pedal is applied, thereby increasing hydraulic brake pressure. The device then blocks the return of the hydraulic fluid to the master cylinder when pressure is removed from the brake pedal. The device is not designed to be used when the vehicle is in motion, but only when the vehicle has been brought to a full stop, and the mechanical parking brake applied. At that point, the vehicle operator activates the auxiliary brake lock by means of a separate control switch. The device is deactivated prior to moving the vehicle.

FMVSS 105 specifies requirements for hydraulic brake service brake and associated parking brake systems. The standard applies to vehicles with hydraulic service brake systems. In the case of an auxiliary hydraulic brake lock, there is no applicable standard for it as a separate item of motor vehicle equipment. However, since installation of the device requires cutting into a vehicle's braking system, it may affect a vehicle's compliance with safety standards.

If MICO's auxiliary brake lock is installed as original equipment on new vehicles, the vehicle manufacturer would be required to certify that the entire brake system satisfies the requirements of FMVSS 105. If the device is added to a new motor vehicle prior to its first sale, the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration. In particular, the vehicle would need to continue to comply with FMVSS 105.

MICO, as the manufacturer of the device, would have no certification responsibilities. However, a vehicle manufacturer or alterer might require

information from MICO in order to make its necessary certification. Much of the information that you provided to us in your request for an interpretation might be useful in this regard.

Should the auxiliary brake lock be installed on a used vehicle by a manufacturer, distributor, dealer, or motor vehicle repair business, the installer would not have to attach a certification label. However, it would have to make sure that it did not knowingly render inoperative the compliance of the vehicle with any safety standard.

I note that while we do not have any opinion about the safety of MICO's product, it is our understanding that certain vehicle manufacturers have stated that hydraulic brake locking devices should not be used on their vehicles. I enclose an example from a GMC service bulletin. MICO may wish to consult with these manufacturers concerning whether the use of its product in these vehicles would raise any safety concerns.

Enclosed is an information sheet which identifies Federal statues and NHTSA standards and regulations affecting motor vehicle and motor vehicle equipment manufacturers. I note that the Safety Acts's provisions concerning defects are applicable to motor vehicle equipment manufacturers even if their equipment is not covered by a safety standard.

I hope this information has been helpful. If you have any further questions, please contact David Elias of my office at the above address or at (202) 366- 2992.