Interpretation ID: nht67-1.14

DATE: 05/10/67

FROM: LOWELL K. BRIDWELL -- FEDERAL HIGHWAY ADMINISTRATOR

TO: HAROLD T. HALFPENNY -- LEGAL COUNSEL AUTOMOTIVE SERVICE INDUSTRY ASSOCIATION

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 05/13/87, TO WILLIAM E DANNEMEYER FROM ERIKA Z JONES, REDBOOK A30 (2), STD 211; LETTER DATED 05/08/67 TO EARL K KINTNER, FROM WILLIAM HADDON; LETTER DATED 04/10/87 TO WILLIAM E. DANNEMEYER FROM EDWARD J. BABBITT; LETTER DATED 03/30/87 TO ED BABBITT, FROM WILLIAM E DANNEMEYER; LETTER DATED 11/06/86, TO LARRY THUNDERBIRD AND MUSTANG FROM JOHN H HEINRICH AND J. MICHAEL ZEHNER

TEXT: Dear Mr. Halfpenny:

This is in reply to your letter of March 14, 1967, seeking clarification as to the effect of the recently issued Federal Motor Vehicle Safety Standards on the aftermarket repair automotive industry.

In your letter you have expressed the opinion that vehicle parts sold after the effective date of the standard must conform to such standards only when they are for replacement in systems which are required to conform to the standard. You have asked if this opinion is correct and specifically whether any replacement part which does not meet the new standards but which is to be used on prestandard vehicles can still be manufactured and sold.

The answer to your question, as you have correctly noted, requires an examination of section 108(a) of the National Traffic and Motor Vehicle Safety Act. This section prohibits the manufacture or sale of any "item of motor vehicle equipment manufactured on or after the date of any applicable Federal motor vehicle safety standard takes effect ... unless it is in conformity with such standard ..." (emphasis supplied). It should be noted that this provision of the law makes no distinction between systems, parts or components, nor does it distinguish between original equipment manufactured for replacement, improvement, or as an accessory or addition to a motor vehicle. Any such distinctions would depend in each instances upon the terms of the "applicable" standard.

The Federal Motor Vehicle Safety Standards, 23 CFR 255.21, each contain a paragraph designated S.2 and entitled "Application." This paragraph establishes the coverage of that particular standard by identifying the motor vehicle and/or motor vehicle equipment to which the standard applies. Where the application paragraph refers only to vehicles, the person responsible for compliance is the manufacturer of such motor vehicles. As example of this type coverage is found in Standard No. 107 - REFLECTING SURFACES, which provides in paragraph 3.2: "This standard applies to passenger cars, multipurpose passenger vehicles, trucks and buses." Since this standard does

not apply to motor vehicle equipment, the manufacturers of equipment otherwise referred to in the standard, e.g., windshield wiper blades and arms, have my legal obligation to conform to the standard. This is true notwithstanding the fact that equipment manufacturers will be furnishing such equipment to vehicle manufacturers as original equipment.

Where, however, the application paragraph refers to equipment for use in specified motor vehicles, both the manufacturer of such equipment and the manufacturer of the specified vehicles are responsible for compliance. An example of this type coverage is Standard No. 106 - HYDRAULIC BRAKE HOSES, which provides in paragraph S.2: "This standard applies to hydraulic brake hoses for use in passenger cars and multipurpose passenger equipment." All hydraulic brake hoses manufactured and sold on or after january 1, 1968, must conform with this standard whether such brake hoses are manufactured as original equipment or as replacement for either prestandard or poststandard motor vehicles.

There were six of the twenty Federal motor vehicle safety standards issued on January 31, 1967 (32 F.R. 2408) applicable to both motor vehicles and motor vehicle equipment Standards Nos. 106, 111, 205, 206, 209, and 211. Two of these standards, No. 111 - Rearview Mirrors, and No. 206 - Door Latches and Door Supports, were amended on March 29, 1967 (32 F.R. 5498), to exclude coverage of equipment and are now applicable only to certain specified vehicles. This mean that manufacturers of rearview mirrors, door latches and door supports will not be required to comply with these standards. Therefore, only the following four initial Federal Motor Vehicle Safety Standards are now applicable to motor vehicle equipment:

Standard No. 106 - Hydraulic Brake Hoses--Passenger Cars and Multipurpose Passenger Vehicles.

Standard No. 205 - Glazing Materials--Passenger Cars, Multipurpose Passenger Vehicles, Motorcycles, Trucks and Buses.

Standard No. 209 - Seat Belt Assemblies--Passenger Cars, Multipurpose Passenger Vehicles, Trucks and Buses.

Standard No. 211 - Wheel Nuts, Wheel Discs, and Hub Caps--Passenger Cars and Multipurpose Passenger Vehicles.

Pursuant to each of the above standards equipment manufacturers of the specified motor vehicle equipment must manufacture such equipment in conformance with the standard whether it is to be used as original equipment on new vehicles, as a replacement part, an accessory, or an addition to the motor vehicles specified in the standard. None of the above standards except from coverage equipment manufactured and sold for replacement or as an accessory to prestandard vehicles.

In summary, your opinion to the effect that motor vehicle parts manufactured and sold "after the effective date of the standard must conform to such

standards when they are for replacement in systems which are required to conform to the standard, and not otherwise" is incorrect. Your question as to "whether any replacement part which does not meet the new standards but which is to be used on prestandard vehicles can still be manufactured and sold" must be answered in the negative with regard to Standards Nos. 106, 205, 209, 211, for the reasons I have outlined above.

I trust that this response clarifies the issues you have raised in behalf of Automotive Service Industry Association. If I can be of further assistance to you or numbers of your association, please do not hesitate to call upon me.

Sincerely,