Interpretation ID: aiam2299
Arent
Fox
Kintner
Plotkin & Kahn
Federal Bar Building
1815 H Street
N.W.
Washington
D.C. 20006;
Dear Mr. Henneberger: This is in response to your March 26, 1976, letter concerning th application of S108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act of 1966, as amended (the Act), to aftermarket installations of trailer hitches.; >>>Section 108(a)(2)(A) specifies that: No manufacturer, distributer, dealer, or motor vehicle repair busines shall knowingly render inoperative, in whole or 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 Federal motor vehicle safety standard...<<<; You have requested clarification of the following sentence appearing i our March 1, 1976, letter to General Motors Corporation:; >>>Therefore, aftermarket trailer hitches must also be installed i such a way that compliance with Standard No. 301-75 is preserved.<<<; A more precise characterization of the law on this subject is tha aftermarket trailer hitches must be installed in such a way that compliance with the standard is not *knowingly* compromised.; You are correct in your understanding that trailer hitch manufacturer are not required to certify that their products comply with Standard No. 301-75, *Fuel System Integrity*. Despite the effect of S108(a)(2)(A), this standard applies only to vehicles. There is no Federal motor vehicle safety standard that applies to trailer hitches. Further, there is no duty on the part of hitch manufacturers, distributors, dealers, or installers to certify that the installation of a trailer hitch on a used vehicle does not compromise the vehicle's compliance with Standard No. 301-75. Please note that the installation of a trailer hitch on a certified vehicle before the vehicle's first purchase in good faith for purposes other than resale is governed by S108(a)(1)(A) of the Act and the alterer provisions in 49 CFR Part 567, *Certification*.; Sincerely, Frank A. Berndt, Acting Chief Counsel