Interpretation ID: 3166yy
BX-100 International
2550 Appian Way, Suite 211
Pinole, CA 94564
Dear Mr. Trueman:
This responds to your recent inquiry about installing your brake equalizer on new school buses and retrofitting this device on used school buses. A brake equalizer is a valve system that proportions the brake pressure between front and rear brakes. After explaining that California law provides that school bus brake systems may be modified only with the written approval of the school bus chassis manufacturer, you asked whether other states have similar requirements about written authorization. You also asked whether there are any special regulations pertaining to school buses that need to be considered prior to installing or retrofitting your product into school bus air brake systems.
I regret that we are unable to provide information concerning state requirements in this area. However, you may be able to obtain the information you desire by contacting individual state directors of pupil transportation. I have enclosed a list of those state officials, as published in School Bus Fleet magazine in January 199l.
I can, however, explain Federal requirements that are relevant to installing your product in new and used school buses. By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Highway Traffic and Motor Vehicle Safety Act (Safety Act), it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with all applicable standards. The following represents our opinion based on the facts provided in your letter.
NHTSA does not have any specific regulations about brake equalizers. However, since this device is tied into a vehicle's air brake system, it could affect a vehicle's compliance with FMVSS No. 121, Air Brake Systems. That standard applies to almost all new trucks, buses (including school buses), and trailers equipped with air brake systems.
If your brake equalizer 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 FMVSS No. 121. (see 15 U.S.C. 1397(a)(1) and 49 CFR Part 567) If the device is added to a previously certified new motor vehicle prior to its first consumer sale, 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 (i.e., retrofitted) by a manufacturer, distributor, dealer, or motor vehicle repair business, the installer would not be required to attach a certification label. However, it would have to make sure that it did not knowingly render 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. (15 U.S.C 1397(a)(2)(A))
You may wish to review the Federal Highway Administration's Federal Motor Carrier Safety Regulations, which sets forth inspection and maintenance requirements for commercial motor vehicles, including some school buses. (49 CFR Parts 393 and 396.)
I hope this information is helpful. If you have any further questions, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.
Sincerely,
Paul Jackson Rice Chief Counsel Enclosure /Ref: 121 d:9/l6/9l