Interpretation ID: nht95-3.93

TYPE: INTERPRETATION-NHTSA

DATE: August 21, 1995

FROM: Hugh J. Bode -- Reminger & Reminger Co., L.P.A.

TO: John Womack -- Acting Chief Counsel, NHTSA

TITLE: Application of Federal Motor Vehicle Safety Standard No. 124

ATTACHMT: ATTACHED TO 10/26/95 LETTER FROM JOHN WOMACK TO HUGH J. BODE (REDBOOK 4; STD. 124; VSA 30118)

TEXT: Dear Mr. Womack:

The purpose of this letter is to request that NHTSA confirm that the former National Traffic and Motor Vehicle Safety Act does not require a motor vehicle to continue to comply with any applicable Federal Motor Vehicle Safety Standard after it is sold to its first retail purchaser. Specifically, we ask that NHTSA confirm that a vehicle in use is not required to comply with Federal Motor Vehicle Safety Standard No. 124; Accelerator Control Systems, 49 CFR 571.124 (hereinafter "FMVSS 124"), after the first retail sale of the vehicle.

The vehicle at issue is a 1988 Dodge Ram 50 pickup which was manufactured by Mitsubishi Motors Corporation in Japan and distributed by Chrysler Corporation in the United States. The pickup was equipped with a Mikuni Model 32-35-DIDEF-328 carburetor. When it was first sold, the 1988 Dodge Ram 50 pickup truck was certified by Mitsubishi Motors Corporation as being in compliance with all then applicable Federal Motor Vehicle Safety Standards, including FMVSS 124.

As we understand it, former @ 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act, 49 U.S.C. @ 30112(a), prohibits any person from manufacturing, selling or introducing into commerce any new motor vehicle unless the vehicle is in conform ity with all applicable FMVSS. However, the Safety Act further provides that the requirement that a vehicle comply with all applicable FMVSS does not apply after the first purchase for purposes other than resale, i.e., the first retail sale of the vehic le. Safety Act former @ 108(b)(1), 49 U.S.C. @ 30112(b)(1). After the first retail sale, the only provision in the Safety Act that affects a vehicle's continuing compliance with an applicable FMVSS is set forth in former @ 108(a)(2)(A), 49 U.S.C. @ 301 22(b), which prohibits certain persons from knowingly rendering inoperative a device installed in a motor vehicle in compliance with an applicable FMVSS.

We ask that you confirm the accuracy of the foregoing general statement of the applicability of the FMVSS under the Safety Act. In addition, we ask that you address the following specific questions concerning the application of FMVSS 124 to the 1988 Dodge Ram 50 pickup:

1. We ask NHTSA to confirm that FMVSS 124 is a standard that a given vehicle must comply with only at the time of the first retail sale of the vehicle.

2. We ask NHTSA to confirm that if a carburetor installed in a 1988 Dodge Ram 50 pickup truck met all the requirements of FMVSS 124 at the time of the truck's first retail sale, but, after the sale, due to in-service conditions, corrosion developed insi de the carburetor so that the carburetor would not return to idle in accordance with the requirements of S5.1, S5.2, and S5.3 of FMVSS 124, that circumstance would not render the vehicle in violation of FMVSS 124.

3. We ask NHTSA to confirm that all of the performance standards imposed by FMVSS 124 are contained in S5.1, S5.2 and S5.3 of FMVSS 124 and that S2 headed PURPOSE does not impose any separate regulatory obligation beyond those contained in S5.

4. We ask you to confirm that the performance standard set forth in FMVSS 124 does not contain any requirement relating to durability or corrosion resistance.

We thank you in advance for your assistance in confirming these points.