Interpretation ID: nht79-3.12

DATE: 11/14/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mr. Robert C. Schultz

TITLE: FMVSS INTERPRETATION

TEXT: This is response to your letter to the Secretary of Transportation regarding the transportation of diesel fuel in the trunk of an automobile in plastic auxiliary tanks. You asked whether it is permissible to permanently install a plastic auxiliary diesel fuel tank in the trunk of a four door passenger car. You also noted the availability of 5.5 gallon plastic utility containers that can be used as auxiliary tanks. From your description I gather that these types of containers are not attached to the vehicle's fuel system.

From your letter I got the impression that you are asking whether any law administered by this agency would prohibit an individual from using either of these types of tanks in his private automobile. With respect to small tanks that are not connected to the automobile's fuel system, this agency administers no law that would prevent an individual from carrying such a tank in his automobile. However, please note that this is a very dangerous practice that can lead to fires and explosions potentially harmful or fatal not only to the driver and passengers of the vehicle carrying such a tank but also occupants of other nearby vehicles. I have enclosed a copy of a press release that the Department of Transportation issued this Spring, which describes the dangers associated with carrying gasoline, but which is also applicable to carrying diesel fuel. As noted in the press release this agency strongly discourages the use of portable fuel containers.

There is no law administered by this agency which would bar an individual from installing a plastic auxiliary diesel fuel tank in his or her own automobile or from using such a tank once installed by the individual or by a commercial installer. However, there are legal obligations imposed by the statutes and regulations under which we operate that would apply to the manufacturers and installers of such tanks. Since I am unsure as to the exact scope of your inquiry I will summarize these below.

The National Traffic and Motor Vehicle Safety Act, as amended 1974, (the Act) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue motor vehicle safety standards applicable either to entire vehicles or to equipment for installation in vehicles. Safety Standard No. 301-75 Fuel System Integrity, is a vehicle standard which applies to certain vehicles, including passenger cars, that use fuel with a boiling point above 32 degrees F. Under the standard's requirements, no part of a vehicle's entire fuel system can have fuel spillage beyond certain specified amounts during barrier crash tests. Specific performance requirements for individual components of the fuel system, such as the fuel tank, are not currently included in the standard. With the advent of high density polyethylene (plastic) fuel tanks, however, the current "system" performance requirements might not be sufficient to ensure the integrity of vehicle fuel systems. For this reason, the agency has published an Advance Notice of Proposed Rule-making concerning the advisability of establishing performance standards for plastic tanks (44 FR 33441, June 11, 1979, copy enclosed).

Despite the inapplicability of Safety Standard No. 301-75 to their manufacture, auxiliary fuel tanks must be designed and manufactured for safety. A manufacturer of auxiliary fuel tanks, is subject to the defects responsibility provisions of the Act (sections 151 et seg.). Upon discovery of a safety-related defect by the Secretary of Transportation, the NHTSA Administrator, or the manufacturer itself, the manufacturer would be required to notify vehicle owners, purchasers, and dealers and remedy the defect.

If a manufacturer, distributor, dealer, or motor vehicle repair business installed an auxiliary fuel tank in a new vehicle, prior to its first purchase in good faith for purposes other than resale, that person or entity would be a vehicle alterer under NHTSA regulations. As an alterer, that person or entity would be required by 49 CFR 567.7 to affix an additional 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. Should a noncompliance or safety-related defect be discovered in such a vehicle, as a result of the modification, the alterer would be required to notify vehicle owners, purchasers, and dealers and to remedy the defect.

If a manufacturer, distributor, dealer or motor vehicle repair business installed an auxiliary gasoline tank in a used passenger vehicle, that person or entity would not be required to attach an alterer's label. However section 108(a)(2)(A) of the Act would apply. Section 108(a)(2)(A) provides in relevant part that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . .

Thus, if one of the named persons or entities added an auxiliary tank to a used passenger vehicle manufactured in compliance with Safety Standard No. 301-75 and other standards, and in the process knowingly rendered inoperative the compliance of the fuel system or another system that person or entity would be in violation of section 108(a)(2)(A).

I hope that you will find this response helpful and have not been inconvenienced by our delay in sending it to you. If you have any further questions please feel free to address them to Ms. Debra Weiner of my office (202-426-2992).

SINCERELY, (Illegible Pages)

THANK YOU,

C ROBERT SCHULTZ

LUND INDUSTRIES INC.

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