Interpretation ID: nht75-6.27

DATE: 08/18/75

FROM: FRANK A. BERNDT -- NHTSA ACTING CHIEF COUNSEL

TO: WALTER C. BURVILLE -- MANAGER, UNDERWRITING SURVEY DEPARTMENT CHUBB/PACIFIC INDEMNITY GROUP

TITLE: N40-30

ATTACHMT: ATTACHED TO LETTER DATED 7/18/75 FROM WALTER C. BURVILLE OF CHUBB PACIFIC INDEMNITY GROUP TO THE ASSOCIATE ADMINISTRATOR FOR MOTOR VEHICLE PROGRAMS NHTSA

TEXT: Dear Mr. Burville:

This responds to your July 18, 1975, question whether actual road testing of completed vehicles that are required to meet Standard No. 121, Air Brake Systems, is necessary as a basis of certification to the standard.

I have enclosed copies of two letters that discuss in detail the kind of evidence a manufacturer of vehicles might use to certify compliance with Standard No. 121. It is emphasized in the letters that the statutory requirement is the exercise of "due care" and that this term may have a different meaning in the case of a small manufacturer than in the case of a large manufacturer. The manufacturer may decide to run only one test of his vehicles, or he may test representative vehicles periodically.

I have also enclosed a copy of a letter to a California manufacturer of trailers which may be the source of the NHTSA opinion that one means of exercising "due care" might be tests of representative trailers.

Sincerely,

ENCLOSURES