Interpretation ID: nht80-1.39

DATE: 03/24/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Lombard, Bardner, Honsowetz & Brewer

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your letter of February 8, 1980, on behalf of your client, Ideal Welding and Machine Company. That company intends to market a one-piece unit coupling device for the connection of electrical and air-brake lines on tractor-trailers. You ask whether Safety Standard No. 106-74, Brake Hoses (49 CFR 571.106-74), would be applicable to this device.

The device described in your letter would not be considered a brake hose assembly or a brake hose end fitting. Rather, according to the drawings enclosed in your letter, a completed brake hose assembly with its own end fitting would be attached to the coupling device, similar to the attachment of a completed assembly to a manifold. Therefore, certification of compliance with Safety Standard No. 106-74 would not be required. This answer dispenses with your remaining questions concerning certification.

Although there are no Federal safety standards applicable to a device such as you describe, it is a piece of motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, as amended 1974 (15 U.S.C. 1381), a manufacturer of motor vehicles or motor vehicle equipment is responsible for any safety related defects that may exist in its products. The manufacturer would have to notify purchasers of any such safety related defects and remedy the defects at its own expense (15 U.S.C. 1411, et seq.). Therefore, your client should ascertain through testing or other means that there are no safety problems with its coupling device. Obviously, this is particularly important with any system involving vehicle braking.

Sincerely,

ATTACH.

LOMBARD, GARDNER, HONSOWETZ & BREWER ATTORNEYS AT LAW

February 8, 1980

Chief Counsel -- National Highway Traffic Safety Administration

Re: Ideal Coupling - Ruling Request Under Motor Vehicle Safety Standard No. 106-74 And Related Sections

Dear Sirs:

On behalf of my client Ideal Welding and Machine Co., a corporation organized under the laws of the State of Oregon, having its principal office at 120 Monroe Street, Eugene, Oregon, the undersigned respectfully requests that the rulings requested herein be issued on behalf of the above-mentioned party regarding the applicability of Motor Vehicle Safety Standard No. 106-74 or any related standards dealing with air-brake systems. Ideal Welding and Machine Co., which commenced business in August, 1977, is currently engaged in the business of designing and manufacturing products for industrial use. The company has designed a coupling device to be attached to the electrical and air-brake hoses of a truck and trailer which would provide a simplified one-piece unit for the connection of the electrical and air-brake lines. Arrangements have been made with Clarion Shoji Co., Ltd., of Tokyo, Japan, for the manufacture of this device. Because the device involves the connection of air-brake hoses, clarification as to the certification, labelling, and testing requirements under the Motor Vehicle Safety Standard No. 106-74 and any related sections is desired prior to the import and sale of the device in the United States.

Based on the foregoing, it is respectfully requested that the following ruling be issued:

1. The Ideal Coupling does not constitute an air-brake hose, end fitting, or assembly that requires labelling or certification under Motor Vehicle Safety Standard No. 106-74 or any related standard.

If your agency should find that some form of certification, labelling, or testing is required for the coupling device, please advise as to the following:

1. What form of label, certification, or testing is required?

2. Who is required to perform the above, i.e, the Japanese manufacturer, or may our client provide the label, certification, or testing in the United States?

If any further information is necessary, please contact the undersigned. Your prompt consideration of this matter is greatly appreciated.

Very truly yours,

Ronald A. Irvine

Under penalties of perjury, we have examined this ruling request, including the accompanying documents, and to the best of our knowledge and belief, the information presented in support of the requested ruling herein is true, correct and complete.

IDEAL WELDING AND MACHINE CO.

By: (Illegible Words) Its President

By: Sandra Dean Its Secretary

Enclosures

United States Patent [19]

Wetzig

[11] 4,183,599 [patent omitted]