Interpretation ID: 1985-03.34

TYPE: INTERPRETATION-NHTSA

DATE: 08/21/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Mr. Edgar E. Clark

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Edgar E. Clark 1900 24th Avenue No. St. Petersburg, Florida 33713

Thank you for your letter of May 13, 1985, concerning the effect of Standard No. 301, Fuel System Integrity, on fuel tank repairs. You explained that you have a 1977 Dodge Concord motor home in which a leak in a plastic fuel tank was apparently repaired by a dealer. You noted that a 1981 article in Popular Mechanics magazine stated that repairs to plastic fuel tanks are not permitted by Standard No. 301, and ask us to clarify the effect of our regulations. As explained below, the magazine article is not correct; a dealer can make repairs to plastic and other types of vehicle fuel tanks. As I am sure you understand, I cannot offer an opinion on the possibility of successfully repairing a damaged plastic fuel tank.

The agency has issued Federal Motor Vehicle Safety Standard No. 301, Fuel System Integrity, which sets safety performance requirements for vehicle fuel systems in new vehicles; a copy of the standard is enclosed. The standard applies to passenger cars, and multipurpose passenger vehicles (MPV), trucks, buses with a gross vehicle weight rating (GVWR) of 10,000 pounds or less. In addition, it applies to school buses with a GVWR of greater than 10,000 pounds. If your motor home carries 10 or less persons and is mounted on a truck chassis, it would be considered a MPV under our regulations. Thus, if your motor home has a GVWR of 10,000 pounds or less and was manufactured after September 1, 1976, the effective date of Standard No. 301 for MPV's, then the fuel system in your vehicle would have had to meet Standard No. 301.

For the basis of this response, I am assuming that the damage, such as a puncture or crack, that caused the leak occurred after the sale of the vehicle to its first owner. Our safety standards only apply to new vehicles prior to their first sale. The only effect our safety standards have on used vehicles is through the application of 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act. That section provides, in part, that:

No manufacturer, distributor, dealer or motor vehicle repair business 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....

Thus, if a dealer knowingly alters the fuel system in a used vehicle, such as by adding an auxiliary fuel tank, the dealer would have to take sure that it did not render inoperative the tank's compliance with Standard No. 301. However, if after the first sale of a vehicle to the consumer its fuel tank is damaged, such as being punctured by an object in the road, so that the tank's compliance has been rendered inoperative, then neither our standards nor section 108(a)(2)(A) of the Vehicle Safety Act applies.

I hope this information is helpful. If you have any further questions, please let me know.

Sincerely,

Jeffrey R. Miller Chief Counsel

Enclosure

May 13, 1985

Natl Hiway Traffic Safety Adm. 400 7 St SW Washington, DC 20590

Attn: Vehicle Safety Compliance Office

Gentlemen:

I recently purchased a used motor home - a 1977 Dodge Concord made by Champion and found that the gasoline tank had a leak. The tank is made of plastic and had been repaired by the dealer according to the former owner.

Now, according to a magazine article which I am enclosing I see that repairs to plastic tanks violate Safety Standard 301.

My question is: under the terms of this order do I have any recourse against the dealer who probably didn't even know there was such a regulation?

I feel the tank is very dangerous and should be replaced. So I would like to have your opinion and suggestion.

Thank you for your early attention.

Yours very truly,

Edgar E. Clark Phone 813-822-9139 1900 24th Ave. No. St. Petersburg, FL 33713

"My rupture," Fred writes. "I have had to replace my heater, and I know of several other GM owners who have replaced theirs because of trouble with the GM coolant-recovery tank to the COLD-level mark on the tank."

Fred became aware of trouble when he noticed coolant dripping from the heater case of his Vega. He removed the case and found the heater had ruptured.

"Fortunately, I did not have the heater on," Fred continues. "But my friend wasn't so lucky. One day, with the heater on, he smelled antifreeze, investigating, he found an inch-deep puddle of coolant on the floor of his Corvette."

According to Fred, the siphoning process of the recovery system doesn't work in correct proportion to the ejection process. When the radiator cools off, it draws in more coolant from the recovery tank than it expels into the tank when it's hot. Someone who constantly fills the recovery tank to make up for the drop in level is only adding more fuel to the fire, so to speak, by allowing the radiator to overfill.

Fred says excessive coolant in the radiator causes extraordinary pressure on the heater and heater hoses. Early evidence of this pressure is often seen as coolant seeping past tightly clamped heater hoses.

Fred's solution is to check the coolant level in the radiator with the engine cold. It should be 2 inches below the neck of the radiator. If it isn't, drain it until it is. Then keep it there.

Every few months, do check the radiator and add coolant, if necessary. In other words, forget about checking levels on the coolant-recovery tank.

Negative response

I have a 1976 Dodge W100 pickup truck. Its plastic gas tank has developed a leak in an easy-to-reach spot. Can you tell me how to repair it?--Jon Wilbur, Carlisle, Iowa.

Nope. Motor Vehicle Safety Standard 301 stipulates that it is illegal to repair plastic gas tanks. Your only choice is to install a new one. Sorry.

GOT A PROBLEM WITH YOUR CAR?

Just ask Mort about it. Send your question to the Car Clinic, Popular Mechanics, 224 West 57th St., New York, N.Y. 10019. While letters cannot be answered individually, problems that are of general interest will be published in the column.

SERVICE TIPS

Ford Motor Co. tells us there may be a vacuum leak between the base of the carburetor and carburetor spacer of some 1977-78 Granadas, Monarchs, Fairmonts and Zephyrs with 200- and 240-cu. in. engines. A vacuum leak at this point leans out the fuel mixture and causes stalling and rough idling. The leak can usually be stopped by installing flat washers under each carburetor retaining nut and torquing retaining nuts 12 to 15 ft.-lb. Washers should have an inside diameter of 3/8 in. and be 1/16-in. thick.

If your 1981 Chrysler K-car makes a growl at low speeds, don't panic. Check to see what kind of tires are on the car. If they are Goodyear Viva fiberglass-belted tires, the growl is normal. According to Chrysler, growling noises are caused by "aggressive tread design which offers increased traction and improved handling characteristics."

GM cautions that starting-aid fluids, such as ether or gasoline, must not be injected into the air-intake system of cars and trucks having diesel engines. Their use will cause "severe internal engine damage."

Five Keys to Better Tire Mileage and Safety is the title of an informative pamphlet you can get free by sending a self-addressed, business-sized envelope to: Keys, Tire Industry Safety Council, Box 1801, Washington, D.C. 20013.