Interpretation ID: nht80-1.22

DATE: 03/04/80

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Diesel Fuel Saver, Jay Blanchard

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your February 8, 1980, letter requesting confirmation of statements made to you by an NHTSA engineer, Robert Williams. Apparently, Mr. Williams stated that your product, the "Diesel Fuel Saver," would comply with Safety Standard No. 301-75, Fuel System Integrity (49 CFR 571.301-75).

As you describe the product, the "Diesel Fuel Saver" is a piece of aftermarket equipment that can be readily attached to diesel fuel systems to heat the fuel and ostensibly increase fuel economy. However, Safety Standard No. 301-75 is only applicable to new vehicles and, therefore, would not apply to motor vehicle equipment such as yours unless it is installed on new vehicles. Further, Safety Standard No. 301-75 does not specify design requirements for individual components of fuel systems. Rather, the standard specifies performance requirements that must be achieved by vehicle fuel systems during barrier crash tests.

There are no other safety standards that would be applicable to your product. However, you would be responsible under the National Traffic and Motor Vehicle Safety Act, amended 1974 (15 U.S.C. 1381, et seq.), our enabling authority, for any defects in the "Diesel Fuel Saver" relating to motor vehicle safety. This means that you would have to notify purchasers of your product of any such defects that might exist and remedy those defects at your own expense.

Although Safety Standard No. 301-75 is not directly applicable to the "Diesel Fuel Saver," the standard does create responsibilities for certain persons who may install the product.

Section 108(a)(2)(A) of the Vehicle Safety Act specifies that no manufacturer, dealer, distributor or motor vehicle repair business may knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle in compliance with a Federal motor vehicle safety standard. This means that none of the mentioned persons, which could include your own company, would be permitted to install the "Diesel Fuel Saver" on a motor vehicle if the equipment would destroy the vehicle's compliance with Safety Standard No. 301-75 (or any other applicable safety standard). Therefore, as a responsible manufacturer, you should determine whether vehicles can meet the performance requirements specified in Safety Standard No. 301-75 with your product installed. The prohibition in section 108(a)(2)(A) only applies to those persons mentioned above. Therefore, a private individual (the vehicle owner, for example) could install the "Diesel Fuel Saver" with impunity, regardless of whether the vehicle thereafter complies with Safety Standard No. 301-75. This, of course, would not remove your liability in private litigation.

I hope this has been responsive to your inquiry. If you have any further questions, please contact Hugh Oates of my office at 202-426-2992.

SINCERELY,

D.F.S.

DIESEL FUEL SAVER

February 8, 1980

Office of the Chief Counsel Debra Winer National Highway Traffic Safety Administration

Dear Mrs. Winer:

I talked with Bob Williams at 1-202-426-1828 and I told him about our unit and he said that the unit we have would meet the MVSS-301 Safety Standards.

What I would like you to do if you would is to say what Bob Williams said and put it in black and white so that if we are asked about it then we can say that it does meet the requirements.

The only thing we are doing is using the water from the radiator block to heat the fuel(we have a water jacket and a coil inside a steel jacket and the water goes through that and heats the fuel and then we have a plug in heater so that when the vehicle is not in use then it can be heated so that you have hot fuel.

Enclosed is some information concerning the Presca Diesel Fuel Saver that I'm sure will help you understand how it works and that there is no way that our unit has any danger to it.

I shall look forward to hearing from you.

For information purposes: We are getting 14% increase in mileage on Long Haul Trucks. 17-30% on Farm Tractors, A V W Rabbitt was getting 43 MPG and we brought it to 55 around town and 60 on the highway.

The prices run: $ 299 $ 269 & $ 249 for each one.

Jay Blanchard Administrative Assistant

Attachment Omitted.