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Interpretation ID: 22642



    Mr. Davis Freeman
    President
    Intouch Shipping Technology, Ltd.
    2410 Sherman Creek Road
    Claire, WI 54703


    Dear Mr. Freeman:

    This responds to your letter of January 21, 2001. In that letter, you inquired as to how the Federal Motor Vehicle Safety Standards apply to your company's invention, the Trailer Pneumatic Inflation System (TPIS). As described in your letter, the TPIS is an "inflation system, which is available to inflate reusable air bags to cushion freight during shipment from one location to another." TPIS utilizes air from a tractor-trailer's air storage reservoir, normally used to provide reserve air for a trailer's air brake and air suspension systems. You indicate that the TPIS includes an air control unit, which would be connected to the air storage reservoir. The air control unit in turn supplies air to a coupler device. An air hose can then be connected to the coupler device to inflate air bags used for protecting cargo inside a trailer. Air from the hose would also be available for inflating or otherwise providing pressurized air to a wide variety of auxiliary components associated with the trailer, such as inflatable bags, pneumatic tools, tires, etc. You further indicate that the TPIS is equipped with several devices that prevent it from interfering with the function of the trailer brakes. Specifically, TPIS comes with a control valve so a user can shut the system off, and a brake protection valve, which you indicate would isolate the inflation system from the air storage reservoir in the event that the air pressure of the reservoir drops below a predetermined value.

      With regard to TPIS, you ask three questions:

      1) Will the TPIS comply with Federal Section 571.121, Air Brake Systems?

      2) Are there any other federal standards, codes or regulations that will apply to the Trailer Pneumatic Inflation System TPIS?

      3) Will TPIS comply with the other federal standards, codes, or regulations that apply?

    By way of background information, Chapter of Title 49 of the United States Code (49 U.S.C. 30101 et.seq.) "Motor Vehicle Safety" authorizes this agency, the National Highway Traffic Safety Administration (NHTSA), to promulgate motor vehicle safety standards that specify performance requirements for new motor vehicles and items of motor vehicle equipment. One such standard is Standard No. 121, Air Brake Systems (49 CFR '571.121), which establishes performance and equipment requirements for braking systems on vehicles equipped with air brake systems, and applies to almost all new trucks, buses, and trailers equipped with air brake systems. The purpose of the standard is to ensure safe braking performance under normal and emergency conditions. In addition, since the TPIS would be installed into the existing pneumatic brake system of a vehicle, the provisions of Standard No. 106, Brake Hoses (49 CFR '571.106), which establishes requirements for motor vehicle brake hoses, brake hose assemblies, and brake hose end fittings, may also apply. If the TPIS is installed as original equipment on a new vehicle, the vehicle manufacturer is required to certify that, with the device installed, the vehicle satisfies the requirements of all applicable safety standards, including Standard No. 121 (49 U.S.C. ''30112(a)). If the device is added to a previously certified new motor vehicle prior to its first consumer purchase, then the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration. 49 CFR '567.7.

    If the device is installed on a used vehicle by a manufacturer, distributor, dealer, or motor vehicle repair business, then the installer would not be required to attach a certification label. However, it would have to make sure that it did not knowingly make inoperative, in whole or in 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 (49 U.S.C. '30122).

    In addition, under Chapter 301, the TPIS would be considered an item of motor vehicle equipment. Your company, as a manufacturer of motor vehicle equipment, would be subject to the requirements of Chapter 301 concerning the recall and remedy of products with safety related defects. In the event that NHTSA or the product's manufacturer determines that a product that is an item of motor vehicle equipment contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the defective equipment and remedying the problem free of charge (49 U.S.C. ''30118-30121).

    NHTSA does not have any specific regulations relating to auxiliary inflators or air bags intended to cushion commercial cargo. However, since the TPIS system relies on the air supply also used to power trailer brakes, it could affect a vehicle's compliance with Standard No. 121. Based on our review of the materials provided with your letter, it appears that proper installation of the TPIS in an air brake system that otherwise meets the requirements of Standard No. 121, would not take the vehicle out of compliance with the standard.

    Your letter indicates that the TPIS incorporates a valve that would isolate the TPIS system from the pneumatic brake system in the event of a loss of air pressure. It has been NHTSA's long-standing position that accessory air lines and end fittings, such as those used in your product, are "brake hoses" and "brake hose end fittings" only if a failure of the line or fitting would result in a loss of pressure in the vehicle's brake system.

    Accordingly, if a failure of any of the accessory lines or fittings used with your product could result in a loss of pressure in the brake system, those hoses and fittings are subject to all the provisions of Standard No. 106. In this case, the Safety Act specifies that no person shall "manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States" any of those hoses or end fittings unless those hoses and end fittings comply with all of the applicable requirements in Standard No. 106.

    One method used by vehicle manufacturers to protect the air system is to connect air accessories to a pressure protection valve that stops air flowing from a reservoir if there is a failure in the accessory. It may be preferable to sense loss of pressure or excess flow in the accessory line to activate the shut-off feature rather than permitting the reservoir to become partially depleted prior to activating the shut-off feature. The design of such systems may affect whether the accessory air lines are considered brake hoses, depending on the effects of failures in those hoses on the braking system. Therefore, some analysis of how your system affects the air brake system of a vehicle may be necessary to determine whether the accessory air lines are, in fact, brake hoses and whether suitable design features are provided in the event of a failure of the accessory system.

    You also ask if there are other Federal standards or regulations that would apply to the TPIS. To the extent that your inquiry is confined to standards administered by this agency, there are no other NHTSA regulations or standards that would apply. Other federal standards, particularly those of the Federal Motor Carrier Safety Administration (FMCSA), may apply to the use of the TPIS on on-road vehicles. You may wish to contact the FMCSA Wisconsin Service Center at 567 D'Onofrio Drive, Suite 101, Madison, WI 53719-2814. The telephone number for this FMCSA office is (608) 829-7530.

    In regard to your third question, this office is not in a position to offer any opinions about the compliance of the TPIS with any other Federal regulations, nor do we offer any opinion as to whether use of the TIPS is permissible under state law.

    I hope this information is helpful. If you have any further questions, please feel free to call Otto Matheke of my staff at (202) 366-2992.

    Sincerely,

    John Womack
    Acting Chief Counsel

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    d.4/26/01