Interpretation ID: nht75-3.26

DATE: 03/04/75

FROM: AUTHOR UNAVAILABLE; James C. Schultz; NHTSA

TO: Minnesota Automotive Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of January 6, 1975, requesting an opinion on whether a person who installs a Mico Brake Lock device on a new vehicle before its sale to the first purchaser is required to affix an alterer label in accordance with 49 CFR @@ 567.7 and 568.8. You state that you believe the device, which serves as a hydraulic parking brake, is readily attachable because it can be installed in a minimum amount of time and does not in any way alter the operation of the vehicle's original brake system.

The NHTSA will generally abide by a good faith determination on the part of a manufacturer that a device is readily attachable. Such a decision should be based primarily on the intricacy of the installation of the device. Simple tools, a relatively short installation time, and the ability to install the device without extensively modifying the vehicle would all be factors pointing to a decision that a component is readily attachable. You should note that section 567.7 of the Certification regulations also requires an alterer label when the installation of a component invalidates a vehicle's existing weight ratings, whether or not the component is readily attachable. On the basis of your letter, however, it appears to us that this would not occur as a result of installation of the Mico Brake Lock device.

If your device meets these criteria, no additional labeling will be required.