Interpretation ID: aiam1825
Notice 10;
Memorandum Subject: Meeting with TEBDA re Standard 121 From: Assistant Chief Counsel On March 18, 1975, representatives of the Department met with officer of the Truck Equipment and Body Distributors Association (TEBDA) and other industry representatives, concerning problems with compliance with Standard 121, Air Brake Systems, by companies in the business of adding axles to chassis-cabs. Present for DOT: Messrs. Stoney, Constantino, Schultz, Dyson, Herlihy. Present for TEBDA and industry: Messrs. Wendelberger, Bosbyshell, Myers, Gibson, McCullough, and Pieratt.; The basic problem presented by TEBDA was that the companies that ad 'tag' or 'pusher' axles to chassis- cabs do not have the facilities to test the vehicles for conformity to the performance requirements of Standard 121, and therefore feel they have no way to certify conformity to the standard. Representatives of a manufacturer of the axles, who were present, stated that they were prepared to make calculations concerning their axles that would indicate that when used properly, they would not take vehicles out of conformity to the standard. TEBDA requested a forgiveness period during which actual road tests would not be required.; Departmental representatives said that under NHTSA interpretations an opinions of long standing, actual road tests are not necessary to establish compliance with Standard 121 or other standards, where other reasonable means, such as engineering calculations coupled with laboratory tests, can be used to the same effect. The agency has recognized that small companies such as many of the final-stage and intermediate manufacturers represented by the TEBDA, cannot be expected to test on the same scale or by the same methods as large integrated automotive manufacturers. Supplier warranties and instructions are one of the primary means by which smaller assembliers are expected to use statutory 'due care' to see that their products conform. Therefore, the DOT representatives stated, it does not appear at this point that any changes in the standard's application were necessary to achieve what the industry representatives wanted, and the NHTSA would reiterate this position in response to requests for interpretation.; Richard B. Dyson