Interpretation ID: nht79-2.11

DATE: 01/17/79

FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: J. R. Randolph

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your December 28, 1978, letter concerning an auxiliary fuel tank installed by the dealer on a 1978 Ford van that you purchased. You are concerned that the auxiliary tank represents a safety hazard due to the location of the tank's filler cap in the left rear wheel-well.

Federal Motor Vehicle Safety Standard No. 301-75, Fuel System Integrity, specifies performance requirements for fuel systems on motor vehicles. Although the standard applies to completed vehicles rather than to fuel tanks or other fuel system components, your dealer had to assure that your van complied with the standard. A person who mounts an auxiliary fuel tank on a new motor vehicle before the vehicle's first purchase in good faith for purposes other than resale is a vehicle alterer under National Highway Traffic Safety Administration regulations. That person is required by 49 CFR 567.7 to affix a label to the vehicle stating that, as altered, the vehicle conforms to all applicable Federal motor vehicle safety standards -- including Safety Standard No. 301-75. Therefore, there should be an "alterer" label on your van in addition to the certification label placed on the vehicle by the original manufacturer.

Even if the vehicle complies with Safety Standard No. 301-75, the location and design of the auxiliary fuel tank could constitute a safety-related defect for which the manufacturer would also be responsible. I am, therefore, forwarding a copy of your letter to the agency's Office of Defects Investigation. That office will examine this situation and may be in touch with you at a later date.

Thank you for your letter and for bringing this matter to our attention.

SINCERELY,

December 28, 1978

Chief Counsel Office of the Administrator National Highway Traffic Safety Administration

Dear Sir:

I am writing this letter to inform you of what appears to me to be a definite safety hazard and requesting of you an interpretation of the regulations which authorize either a direct intervention or the issuance of a consumer advisory. This letter is a result of a discussion with, and at the suggestion of, Mr. C. G. Keiper of your Denver office.

On September 7, 1978, I purchased a new 1978 Ford Econoline 150 van from Lakewood Ford, Incorporated. I requested that an auxiliary gas tank be installed and the dealer included the installation on my purchase agreement. Upon delivery to me, I found that the filler cap for the auxiliary gas tank was located in the left rear wheel well. My concerns were responded to by statements which varied from "all after-market auxiliary gas tank installations are the same", to "it meets Federal criteria for a side impact crash".

I subsequently learned that a local dealer, other than Lakewood Ford, had installed the tank according to the manufacturer's directions. The tank is manufactured by ARA.

My concerns are twofold. First, the wheel well is one of the filthiest places on a van, and no reasonable person can keep dirt from entering the auxiliary tank. I have already experienced an engine failure which resulted from dirt in the auxiliary tank; fortunately, the breakdown occurred in the city and only consituted an annoyance. A similar breakdown in the Colorado Rockies, or anywhere else outside a metropolitian area, could conceivably result in explosion and possibly death.

My second concern is that if I were to use tire chains the one on the left rear tire could break, strike the filler cap and cause a fire or explosion.

In either event I am unable to use the product for its intended purpose except in a sterile environment -- normal driving is impossible using this tank except for careless and unthinking persons.

I have brought this matter to the attention of the dealership's president. As of this date, the dealer has not clearly indicated its willingness to either modify the installation to eliminate the hazards or to remove the tank and refund my money.

I will appreciate your consideration in this matter both for my own peace of mind and for the safety of myself and the many people who had the same installation without prior knowledge of the placement of the gas filler cap.

James R. Randolph

cc: JESS B. CARROWAY - LAKEWOOD FORD, INC.; C. G. KEIPER NHTSA, DENVER