Interpretation ID: nht81-3.28

DATE: 10/20/81

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Johnson, Campbell & Moesta

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your recent letter requesting confirmation that the National Highway Traffic Safety Administration (NHTSA) has not issued any safety standards or regulations concerning the use of brake hose as a fuel line in commercial vehicles. Mr. Vernon Bloom of the NHTSA apparently told you that the agency has no standards regarding vehicle fuel lines.

Mr. Bloom is correct in his statement that no Federal safety standards or regulations preclude the use of brake hose as a vehicle fuel line, and that there are no standards directly relating to fuel lines. However, the agency does have a safety standard which indirectly involves fuel lines. Safety Standard No. 301, Fuel System Integrity (49 CFR 571.301), specifies performance requirements governing fuel systems on new motor vehicles. The standard specifies the maximum amount of fuel leakage that may occur following a barrier crash test of a new vehicle. Although the individual components of the fuel system, such as the fuel tank, do not have to meet specific requirements, each component obviously must be durable in order for the entire system to meet the general performance requirement of Safety Standard No. 301. Therefore, you should ascertain whether the brake hose you intend to use as a fuel line would compromise a vehicle's ability to comply with that standard.

I would also point out that, although there are no safety standards directly relating to fuel lines, manufacturers are responsible for any safety-related defects which may occur in their vehicles or equipment. Section 151, et seq., of the National Traffic and Motor Vehicle Safety Act provide that manufacturers of motor vehicles and motor vehicle equipment must notify owners of vehicles and equipment with safety-related defects and remedy those defects free of charge. Under these provisions, you would be responsible if it were determined that your fuel lines constituted safety-related defects.

SINCERELY,

JOHNSON, CAMPBELL & MOESTA, P.C.

September 8, 1981

Chief Counsel National Highway Safety Administration

Dear Sir:

On September 1, 1981 I spoke with Mr. Vernon Bloom, Engineer for NHSTA in Washington, D.C., as to whether or not NHSTA had any standards as to the use of Synflex brake hose as a fuel line in commercial vehicles. Mr. Bloom has informed me that NHSTA has no standards regarding fuel lines.

I am writing this letter requesting a formal written statement that NHSTA has no standards as to fuel lines.

Your anticipated cooperation in this matter is greatly appreciated.

VERY TRULY YOURS,

Daniel M. Jaworski Legal Assistant