Interpretation ID: nht75-3.41

DATE: 08/25/75

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: National Solid Wastes Management Association

TITLE: FMVSS INTERPRETATION

TEXT: This responds to the National Solid Wastes Management Association's July 29, 1975, question whether Standard No. 121, Air Brake Systems, or other Department of Transportation regulations require a vehicle operator to maintain and not disconnect brake components used in satisfaction of the standard. You state that you are already aware of operator responsibilities to meet the regulations of the Bureau of Motor Carrier Safety and those promulgated by State and local governments.

Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. @ 1397(a)(1)(A)) specifies in part that no person shall sell or introduce in interstate commerce a vehicle which does not comply with applicable standards in effect on the date of manufacture. Section 108(b)(2) provides that @ 109(a)(1)(A) does not apply after the first purchase for purposes other than resale. The general effect of these provisions is that the brake system must comply and not be disconnected prior to its first retail sale. Section 108(a)(2)(A) provides that no manufacturer distributor, dealer, or motor vehicle repair business shall knowingly render inoperative a device installed in compliance with an applicable safety standard. Taken together, these provisions do not require the vehicle operator to maintain or not render inoperative a safety system after the first retail purchase. This agency does not recommend disconnection of elements of a brake system, however, in view of the probable adverse effect on handling not intended by the vehicle designer and engineer.

Other than the regulations of the Bureau of Motor Carrier Safety, of which you are aware, no regulations of the Department of Transportation require the maintainence or prohibit the disconnection of systems installed in satisfaction of motor vehicle safety standards.

SINCERELY,

National Solid Wastes Management Association

July 29, 1975

James Schultz Chief Counsel NHTSA

On March 1, 1975 FMVSS 121 Air Brake Systems became effective. It is our understanding that the vehicle manufacturer is responsible for complying with MVSS 121. Are there any requirements pursuant directly from MVSS 121 or indirectly from general applicability of DOT safety standards, which place responsibilities upon the vehicle operator to maintain or not to disconnect MVSS 121 equipment?

We are aware of the applicability of BMCS regulations upon interstate carriers and that often state legislatures and/or transportation departments often adopt Federal regulations and standards. However, clarification is desired pertaining to the implications of MVSS 121 on the vehicle operator, directly and indirectly.

James R. Greco Technical Director