Interpretation ID: nht76-4.25

DATE: 06/30/76

FROM: AUTHOR UNAVAILABLE; John Womack for F. Berndt; NHTSA

TO: Wayne Daniel Truck, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your June 18, 1976, request for permission to substitute pre-121 brake components for certain components of the brake systems on trucks and trailers you own that were manufactured in conformity with Standard No. 121, Air Brake Systems.

From your description, I assume that you intend to remove portions of the brake system that were installed in satisfaction of the requirements of S5.3.1 of Standard No. 121. Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. @ 1397(a)(2)(A)) prohibits, with one exception, knowing disconnection of the antilock system by a manufacturer, distributor, dealer, or repair business.

A person that does not fall into there categories is not prohibited from disconnection of the systems. Thus, it would be permissible for you to make such modifications on your own trucks and trailers. Other State or Federal requirements, such as those of the Bureau of Motor Carrier Safety for operation in interstate commerce, may prohibit disconnection. In any case, the NHTSA urges that you not disconnect safety devices without consulting the vehicle manufacturer with regard to the safest configuration of the vehicle.

SINCERELY,

Wayne Daniel Truck, Inc.

June 18, 1976

Thomas Herliky Office of Chief Counsel National Highway Traffic Safety Admin.

Our firm is planning to purchase some new trucks in the near future. Since we have had difficulty with the 121 brake we would like to replace the brake with the pre-121 brake.

Please let me know as soon as possible if we will be in violation if we do this.

W. Wayne Daniel