Interpretation ID: nht93-1.6

DATE: January 13, 1993 EST

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Guy Boudreault

TITLE: None

ATTACHMT: Attached to letter dated 11/01/92 (EST) from Guy Boudreault to U.S. Dept. of Transportation; U.S. Senate Committee on Science, Commerce & Transportation; U.S. NHTSA; National Transportation Safety Board; U.S. Office of Motor Carriers

TEXT:

This responds to your letter expressing concerns about certain working conditions that you have experienced as a driver of a commercial vehicle, and asking about rules and regulations that apply to the adjustment of brakes on commercial vehicles. I am pleased to have this opportunity to respond to you.

By way of background information, this agency, the National Highway Traffic Safety Administration, is authorized by the National Traffic and Motor Vehicle Safety Act to issue Federal motor vehicle safety standards applicable to new motor vehicles and motor vehicle equipment. We have issued a number of safety standards that apply to heavy vehicles, including ones on brakes and lighting. This agency does not have the authority to regulate the use of motor vehicles.

Your letter concerns in-service safety requirements for commercial vehicles and drivers, rather than safety requirements that apply to new motor vehicles. Within the U.S. Department of Transportation, the Federal Highway Administration, Office of Motor Carriers, has the authority to issue motor carrier safety regulations for interstate motor carriers and drivers. Ordinarily I would refer your letter to that agency; however, your letter indicates that you sent the same letter to the Office of Motor Carriers as you sent to this agency.

I hope this information is helpful. If you have any questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.