Interpretation ID: nht80-2.43

DATE: 06/02/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Brown Motors Volkswagen

TITLE: FMVSS INTERPRETATION

ATTACHMT: 8/17/79 letter from Frank Berndt to Mike Champagne

TEXT:

Mr. Robert Slagle Parts Manager Brown Motors Volkswagen 5 West 18th Street at National City Boulevard National City, California 92050

Dear Mr. Slagle:

This responds to your recent letter requesting information concerning the Federal requirements that would be applicable to the manufacture and installation of auxiliary diesel fuel tanks in passenger cars. I am enclosing a copy of a letter of interpretation the agency issued last August which discusses the general implications of such installations under Federal law.

Your letter asked whether it will be necessary for you to crash test vehicles that have the auxiliary tanks installed. As indicated in the enclosed interpretation, if the tank is added to a new vehicle prior to its first purchase for purposes other than resale, the person making the alteration will have to certify that the vehicle continues to be in compliance with all Federal motor vehicle safety standards, including Standard No. 301-75. The National Traffic and Motor Vehicle Safety Act requires a manufacturer (including an alterer) to exercise due care to assure that a vehicle certifies is in fact in compliance with all safety standards (15 U.S.C. 1397). It is up to the manufacturer to determine how he will establish due care and, in this case, whether he will crash test a vehicle or use some other method to ensure the compliance of the vehicle. The test procedures in Safety Standard No. 301-75 are not obligatory, only the performance requirements. The test procedures do, however, state how the agency will test a vehicle to determine compliance.

In answer to your question number 4, I can state that it will not be necessary for you to crash test each vehicle which has a tank installed in order to establish due care. If by your question you meant one car of each car "model," once again, it is up to the manufacturer how he establishes due care.

In answer to your question number 3, the information contained in the enclosed interpretation includes discussions of all the Federal safety requirements that would be applicable to your company's activities. There may, of course, be other general Federal laws regarding the conducting of a business which would be pertinent. For example, Federal Trade Commission regulations regarding advertising could affect your activities. You are probably aware of these general regulations, however, since you are already an established business enterprise.

Regarding your final question, all vehicle manufacturers, both domestic and foreign, have performed crash tests to determine compliance with Safety Standard No. 301-75. Since your company is a Volkswagen dealership, I suggest you contact Volkswagen regarding its compliance testing program for Safety Standard No. 301-75.

If you have any further questions after reviewing this information, please contact Hugh Oates of my staff (202-426-2992).

Sincerely,

Frank Berndt Chief Counsel

Enclosure

[8/17/79 letter from Frank Berndt to Mike Champagne omitted]

April 24, 1980

Mr. Frank Berndt U.S. Department of Transportation National Hwy. Traffic Safety Adm. Washington, D.C. 20590

Dear Mr. Berndt:

We are in the process of having auxiliary diesel fuel tanks made of aluminum for us by a company who makes many items, such as ducting, vents, water tanks, fuel tanks, etc. These tanks are for automobiles that use diesel fuel only, not gasoline. We make up a kit including all necessary parts and installation instructions for this to be installed in diesel driven vehicles only.

These auxiliary diesel fuel tank kits will be sold to automobile dealers for sale over the counter or may install in their own shop; also sold to repair shops, auto parts stores, etc, We will install these auxiliary tanks in our agency also.

Our tanks are constructed of 12 gauge non-corrosive aluminum-Heliarc welded and each tank is pressure tested. Some are made to fit in to the spare tire well and some fit in the trunk of the car. Each tank is secured by (4) four or more bolts thru specially welded brackets on each tank.

We are prepared to notify customers if necessary, should we find a defect, also should a leak occur, we will replace the tank.

I would appreciate a response to the questions listed below:

1. Will federal motor vehicle safety standard FMVSS No. 301-75 apply to our company's activities?

2. Will it be necessary for us to crash test a car?

3. Will any other federal law apply to our company's activity?

4. Will it be necessary for us to crash test each car we make diesel tanks for?

5. Can you furnish any information to us on manufacture's that performed crash tests as to federal standards FMVSS 301-75?

Our desire and intent is to build a safe auxiliary diesel fuel tank and maintain fuel system integrity.

I would appreciate any response to this letter and any suggestions you might have for this project.

Sincerely,

Robert Slagle Parts Manager