Interpretation ID: nht75-3.34

DATE: 09/29/75

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Arent, Fox, Kintner, Plotkin & Kahn

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your September 23, 1975, request for confirmation that a manufacturer of air-braked buses that conform to Standard No. 121, Air Brake Systems, may direct owners of these vehicles to disconnect the antilock system used to meet the standard, for the period necessary to correct a safety-related defect in the system that may make its operation hazardous. Your concern is with S 108(a) (2) (A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S 1397(a) (2) (A)) that states:

S 1397 * * *

(2) (A) No manufacturer, distributor, dealer, or motor vehicle repair business shall 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 * * *

Section 108(a) (2) (A) prohibits, with one exception, the knowing disconnection of the antilock system by a manufacturer, distributor, dealer, or motor vehicle repair business. This prohibition does not prevent an owner of air-braked buses from disconnection of the antilock system. The NHTSA has determined that a manufacturer of air-braked buses that conform to Standard No. 121 may instruct the owners of its products to disconnect the antilock system used to meet the standard, for the period necessary to correct a safety-related defect in the system that may make its operation hazardous.

A manufacturer that has determined the existence of a safety-related defect in his vehicle must, of course, comply with the Defect Report requirements of 49 CFR Part 573 and the Defect Notification requirements of 49 CFR Part 577.

SINCERELY,

ARENT, FOX, KINTNER, PLOTKIN & KAHN

September 23, 1975

Richard B. Dyson Office of the Chief Counsel National Highway Traffic Safety Admininstration

Pursuant to our telephone conversation of today, we are requesting your advice relative to a matter under the National Traffic & Motor Vehicle Safety Act. Our client, Rohr Industries, Flexible Division, manufactures buses on which are installed air brake systems which comply with 49 C.F.R. S 571.121 (Standard No. 121), skid control systems. Recently four Standard No. 121 systems which are manufactured by Rockwell International Corporation, have malperformed during the operation of a bus by a municipal customer of Rohr Industries. As the possible failure of the Standard No. 121 system presents a potential danger to the public, our client would like to take corrective action at the earliest possible time.

Rockwell International has indicated that a corrective device to prevent malfunctions in its Standard No. 121 system may be available for installation in November of 1975. It is our understanding that a manufacturer can, within the requirements of the National Traffic & Motor Vehicle Safety Act, direct its customers to disconnect the defective system until a correction to the system is available. It is requested that you confirm that our client, Rohr Industries, can in this situation, within the provisions of the National Traffic & Motor Vehicle Safety Act, direct its customers to disconnect the Standard No. 121 system until such time as Rockwell International has made available corrective equipment.

In order to implement this action which will remove a potentially unsafe situation, your confirmation is requested as soon as practicable. Your cooperation is greatly appreciated.

Joseph E. Casson

CC: FRANK FERRONE