Interpretation ID: nht75-6.25

DATE: 05/02/75

FROM: JAMES C. SCHULTZ -- NHTSA CHIEF COUNSEL

TO: FRAZER F. HILDER -- GENERAL COUNSEL GENERAL MOTORS CORPORATION

TITLE: N40-30

TEXT: Dear Mr. Hilder:

This is in response to your letter of March 21, 1975, inquiring as to the effect of Federal Motor Vehicle Safety Standard No. 121 on Massachusetts and New Jersey State laws relating to air brake performance.

As you are aware, section 103(d) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1392(d)) provides that no State or political subdivision of a State may promulgate or continue in effect standards applicable to an aspect of motor vehicle or motor vehicle equipment performance which is covered by a Federal Motor vehicle safety standard, unless the standards are identical.

Standard No. 121 includes provisions relating to truck and bus brake performance, including requirements for stopping distances. A more restrictive State brake requirement than that specified in Standard 121 is voided by @ 103(d) since the Federal standard is intended to cover all aspects of air brake performance.

The Federal requirements must be regarded as conclusive with regard to service, emergency, and parking braking capabilities in order to maintain the uniformity necessary in a Federal regulatory scheme. This was affirmed in a recent decision rendered in a case brought by the Motorcycle Industry Council, Inc. against the State of California in the United States District Court for the Eastern District of California concerning the preemption of a California State requirement that Motorcycle headlamps be wired to operate when the engine is running. The Court held that the California requirement is preempted by the Federal Motor Vehicle Safety Standard No. 108 since the National Highway Traffic Safety Administration intended to cover all aspects of performance directly involving motorcycle headlamps.

Therefore, requirements such as those described in your letter would be preempted by Standard 121 since the aspects of performance that would be affected are covered by the Federal standard. You should note that this discussion of State "requirements" only refers to rules of general applicability within a State or municipality. It does not refer to purchase specifications that may be imposed by any person or organization, including a State or municipality, with respect to vehicles purchased for the person or organization's own use. Such specifications are not limited by Federal law, and in the case of governmental bodies are specifically allowed by @ 103(d), although of course they cannot alter a manufacturer's duty to conform to Federal standards.

Sincerely,