Interpretation ID: 21550pressureindicatorneb
Mr. Michael M. Anthony
President
Anthony Engineering & Technologies, Inc.
10189 W. Sample Road
Coral Springs, FL 33065
Dear Mr. Anthony:
This responds to your letter regarding regulations which may impact a tire pressure indicator.
You stated in your letter that your company is putting together a specification for an aftermarket tire pressure indicator ("indicator") that will indicate correct or low tire pressure on tires. A consumer would attach the tire pressure indicator to the tire valve in the same way a regular tire cap is attached. The material of the indicator will be a high strength high impact resistant "PET, similar to engineering plastics used for the beverage bottle industry for high pressure applications", which does not deteriorate with sunlight, smog, or humidity and will not break readily in a direct 50 mile per hour crash. You ask "whether there are any regulations that may impact the design of the indicator and what further considerations you may have deliberated in similar projects."
By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the statutory authority to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment. Federal law establishes a self-certification system under which motor vehicle and equipment manufacturers themselves certify that their products comply with all applicable standards. For that reason, NHTSA neither tests, approves, disapproves, endorses, nor grants letters of approval of products prior to their introduction into the retail market. Rather, we enforce compliance with the standards by purchasing vehicles and equipment and testing them. We also investigate safety-related defects.
Turning now to the tire indicator, we would classify it as an item of motor vehicle equipment, defined in 49 U.S. Code (U.S.C.) 30102(a)(7)(B) as any "part or component manufactured or sold for replacement or improvement of a system, part, or component, or as an accessory or addition to a motor vehicle." Specifically, the indicator is an accessory if it meets the following criteria:
- A substantial portion of its expected uses are related to the operation or maintenance of motor vehicles; and
- It is purchased or otherwise acquired, and principally used by ordinary users of motor vehicles.
After reviewing your letter, we conclude that the tire indicator is an accessory. It was designed with the expectation that a substantial portion of its expected use will be with motor vehicles. Further, your description of the tire pressure indicator makes it clear that the indicator is intended to be purchased and principally used by ordinary users of motor vehicles to monitor tire pressure.
While the indicator is a motor vehicle accessory, NHTSA has not issued any FMVSSs establishing performance standards applicable to this product. However, the manufacturer, whether you or a licensee, is subject to the requirements of 49 U.S.C. 30118-30121 (copies enclosed) which set forth the notification and remedy (recall) procedures for products with defects related to motor vehicle safety. Thus, if NHTSA or the manufacturer determines that the product contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the defective equipment and for remedying the problem free of charge.
Additionally, 49 U.S.C. 30122 (copy enclosed) provides that a manufacturer, distributor, dealer, or vehicle repair business may not knowingly "make inoperative" any device or element of design installed on or in a motor vehicle in accordance with any FMVSS. Therefore, the tire pressure indicator could not be installed by any one of those entities if such use would adversely affect the compliance of a vehicle with any FMVSS. This provision does not apply, however, to equipment attached to or installed on or in a vehicle by the vehicle owner.
I note that the Department's Federal Motor Carrier Safety Administration has jurisdiction over interstate motor carriers operating in the U.S. You should contact that office at (202) 366-1790, for information about any requirements that may apply to your product. In addition, states have the authority to regulate the use and licensing of vehicles operating within their jurisdictions. You should therefore check with the Department of Motor Vehicles in any state in which the equipment will be sold or used.
For your information, I am enclosing a fact sheet we prepared entitled Information for new Manufacturers of Motor Vehicles and Motor Vehicle Equipment, and Where to Obtain NHTSA's Safety Standards and Regulations.
I hope this information is helpful. If you have any questions or need additional information, feel free to contact Nancy Bell of my staff at (202) 366-2992.
Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:109#110#117#119#120
d.5/10/00