Interpretation ID: 7812
ABAS Marketing, Inc.
P.O. Box 5644
Norman, OK 73070
Dear Mr. Price:
This responds to your letter asking about requirements for a device you call a "noncomputerized antilock braking assist system," for brakes installed on trucks and trailers. You stated that your device can be installed on vehicles equipped with air brake, electric brake, air over hydraulic brake, and vacuum/hydraulic brake systems. I am pleased to have this opportunity to explain our regulations to you.
You asked what the agency's policy is regarding the approval, disapproval, or certification of any particular antilock brake system product. NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act ("Safety Act"), it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with applicable standards issued by this agency. A manufacturer then certifies that its vehicles or equipment comply with applicable standards.
You also asked for a listing of the various standards and regulations with which you should be conversant, given your product, and an explanation of the responsibilities under the Safety Act of three types of parties: an original equipment manufacturer, an alterer of a previously certified new motor vehicle prior to its first sale, and an installer of an ABS device on a used motor vehicle.
NHTSA has issued two standards about brake systems: Standard No. 105, Hydraulic Brake Systems and Standard No. 121, Air Brake Systems. Standard No. 105 specifies requirements for hydraulic service brake and associated parking brake systems, and applies to new passenger cars, multipurpose passenger vehicles, trucks, and buses equipped with hydraulic brake systems. Standard No. 121 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 agency does not have a regulation specifically covering a device such as a "noncomputerized antilock braking assist system" which is added to a brake system. However, since your device would be tied into a vehicle's brake system, it could affect a vehicle's compliance with Standard No. 105 and Standard No. 121.
If one of your devices 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. 105 and Standard 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 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. (See 49 CFR Part 567.7.)
If the device is installed on a used vehicle by a business such as a garage, 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 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. (See 15 U.S.C. 1397(a)(2)(A).)
You should also be aware of the requirements of Safety Standard No. 106, Brake Hoses, which specifies requirements for motor vehicle brake hose, brake hose assemblies, and brake hose end fittings. That standard applies to new motor vehicle equipment as well as to new motor vehicles. You should check to see if any parts of your devices are subject to the requirements of Standard No. 106.
I also note that manufacturers of aftermarket equipment are subject to the Safety Act's defect provisions. Should a safety-related defect be discovered in your device, whether by the agency or yourself, you as the manufacturer would be required to notify purchasers and dealers and provide a cost-free remedy for the defect.
Enclosed is a copy of an information sheet entitled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment," which further explains a manufacturer's responsibilities under NHTSA's regulations. You may also wish to review the Federal Highway Administration's Federal Motor Carrier Safety Regulations, which set forth requirements for commercial motor vehicles. The address of the Office of Motor Carrier Standards is included in the enclosed information sheet.
Finally, you asked how you could secure or have access to the complete Docket No. 92-29-01. This docket includes responses to an advance notice of proposed rulemaking (ANPRM) in which NHTSA announced that it is considering proposing additional requirements that might require medium and heavy duty vehicles to be equipped with antilock brake systems. The complete docket, including all the responses to the ANPRM, can be reviewed at the agency's Docket Section, room 5109, 400 Seventh Street, S.W., Washington D.C. 20590. Docket hours are 9:30 a.m. and 4:00 p.m., Monday through Friday. A complete copy of the docket is also available for a fee to cover search and copying costs by contacting the agency's technical reference division at (202) 366-4949.
I hope this information is helpful. If you have any further questions about NHTSA's safety standards, 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:11/25/92