Interpretation ID: nht75-2.34

DATE: 06/30/75

FROM: AUTHOR UNAVAILABLE; J. C. Schultz; NHTSA

TO: Alfred Teves GMBH

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Beller Alfred Teves GMBH 6 Frankfurt/Main 2 Postfach 119155 Germany

Dear Mr. Beller:

This responds to your May 20, 1975, request for confirmatioin that reversal in the specified order of two required reservoir labeling statements on 40,000 labels produced for Alfred Teves GMBH will not be considered a violation of S5.4.3 of Standard No. 105-75, Hydraulic brake systems, when used on motor vehicles which must comply with the standard.

The National Highway Traffic Safety Administration (NHTSA) has reviewed the sample label enclosed with your letter. The requirement of the standard in question reads:

S5.4.3 Each vehicle shall have a brake fluid warning statement that reads as follows, in letters at least 1/8 of an inch high: "WARNING, Clean filler cap before removing, Use only -------------- ---fluid from a sealed container". . . .

It is possible that the words "statement that reads as follows" could have been misconstrued to permit a variation in the order of the two statements. As a general matter, the NHTSA does not consider any deviation from the illustrated order of labeling statements, where they are set out in quotation marks as in this standard, to be allowable. Because a letter of interpretation has been necessary in this case, however, the agency will not consider labels printed with reversed statements prior to receipt of this letter to be out of conformity with S5.4.3. The NHTSA will assume that further printings of the reservoir labeling statements will conform to S5.4.3 in all respects.

Sincerely,

James C. Schultz

Chief Counsel

By Air Mail

U.S. Department of Transportation NHTSA Attn.: Mr. Richard B. Dyson Assistant Chief Counsel

Washington U.S.A.

TEV-Ballw./A. 908 May 20, 1975

Subject: Identification According to FMVSS 105a Hydraulic Brakc Systems

Dear Mr. Dyson,

Due to an error in transmission within our company, on app????? 40,000 adhesive labels which were to be identified according to FMVSS 105a, the text was mixed up.

S.5.4.3 specifics: warning Clean filler cap before removing Use only DOT 3 Fluid from a ???? container.

Our text reads : Warning Use only DOT 3 Fluid from a ???? container. Clean filler cap b???? removing.

The order of the prescribed sentences was confounded.

After the error had been detected, printing of these labels was stopped and the proper text was inserted. Unfortunately 40,000 labels had already been printed. An oral inquiry ad??? by our representative, Mr Paul Utans, to your Office resu??? in the decision that these labels could be used for once the text was complete.

Due to the fact that our customers are asking for a written firmation of this oral consent, we wouldd like to ask you to forward us a corresponding consent.

Thanking you for your kind assistance we remain,

Your sincerely,

ALFRED TEVES GMB