Interpretation ID: aiam4093
Chief Engineer
Brakes/Wheels
Navistar
P.O. Box 1109
Fort Wayne
IN 46801;
Dear Mr. Beier: This responds to your letter concerning whether the Mini-Max brak system, produced by International Transquip Industries, Inc., complies with Federal Motor Vehicle Safety Standard (FMVSS) No. 121, *Air Brake Systems*. We apologize for the delay in our response. According to your letter, you have a number of concerns about the quality of the Mini-Max unit. You expressed concern about a letter from International Transquip which asserts that the Mini-Max brake system complies with FMVSS No. 121 and provides the names of Mr. James Brittel and Mr. Gerald Davis, both of the Bureau of Motor Carrier Safety (BMCS), for 'further confirmation.' You asked several questions which are answered below.; Your first question is whether a June 6, 1984 letter signed by Mr Gerald Davis of BMCS denotes approval of Mini-Max by either BMCS or NHTSA. Mr. Davis' letter indicates that BMCS reviewed material furnished by International Transquip concerning that company's parking brake system (i.e., the Mini-Max system) and states that the system 'appears to meet an interpretation issued by the National Highway Traffic Safety Administration in April 1974' an interpretation dated April 16, 1974, concerning FMVSS No. 121 .; As stated by Mr. Davis in his letter, the Federal Highwa Administration has a long-standing policy of not approving equipment. Likewise, NHTSA does not grant approvals of motor vehicles or motor vehicle equipment with respect to their compliance or noncompliance with Federal motor vehicle safety standards (FMVSS). The National Traffic and Motor Vehicle Safety Act, under which the standards are issued, provides that it is the manufacturers which have the responsibility for certifying the compliance of their products with the FMVSS.; Your second question is whether a 'certification of compliance provided by International Transquip has any significance. The document in question states that the Mini-Max brake system when installed per details provided by International Transquip meets or exceeds all Federal motor vehicle safety standards and Federal Highway Administration standards pertaining to air brake systems for trucks, buses and trailers as to fleet owners and operators. I will address your question to the extent of possible significance to compliance with FMVSS No. 121.; FMVSS No. 121 applies to trucks, buses, and trailers equipped with ai brake systems. See section S3, *Application*. The standard thus applies to vehicles and not directly to equipment. As an equipment manufacturer, International Transquip is not required to certify compliance of Mini-Max to Standard No. 121, but any vehicle manufacturer which would install Mini-Max would be required to make such certification. It is not uncommon for a vehicle manufacturer to request information from an equipment manufacturer as part of fulfilling its duty to exercise due care in certifying that a vehicle complies with applicable Federal motor vehicle safety standards. However, the responsibility for certification is on the vehicle manufacturer.; It is our opinion that reliance by a vehicle manufacturer solely on 'certification of compliance' provided by an equipment manufacturer, without more, would not be an exercise of due care. Moreover, should it be determined that a vehicle does not comply with a Federal motor vehicle safety standard or contains a defect, the recall and remedy obligations of sec. 151 *et seq.* of the National Traffic and Motor Vehicle Safety Act would fall upon the vehicle manufacturer and not the equipment manufacturer which supplied particular equipment. See 49 CFR Part 579. Possible liability in tort under state law could fall upon both the vehicle manufacturer and the equipment manufacturer.; Your third question is whether NHTSA has run any tests on the Mini-Ma unit and, if so, what the results were. NHTSA has not run any compliance tests on a Mini-Max unit but has run some tests for purposes of research and development. It is our understanding that Mr. Sid Williams of NHTSA's Office of Research and Development has already discussed these tests with you. It is also our understanding that International Transquip may have changed the design of the Mini-Max system since the tests were run.; We note that the California Highway Patrol (CHP) has raised a number o issues relating to the compliance and overall safety of Mini-Max brakes in connection with a petition for rulemaking, and that International Transquip has submitted comments on CHP's analysis. We have enclosed for your information a notice granting the CHP petition and three related interpretation letters, to International Transquip, the New Jersey Division of Motor Vehicles, and P.T. Brake Lining Company. The CHP and Mini- Max submissions have been placed in the Petitions for Rulemaking (PRM) Docket for FMVSS No. 121. If you desire copies of those submissions, please contact: Docket Section, National Highway Traffic Safety Administration, Room 5109, 400 Seventh Street, S.W., Washington, DC 20590 (202-426-2768).; Sincerely, Erika Z. Jones, Chief Counsel