Interpretation ID: nht93-3.42

DATE: May 12, 1993

FROM: John Womack -- Acting Chief Counsel, U.S. Department of Transportation, NHTSA

TO: Bryan D. Patton -- International Automobile Enterprises, Inc., ERA Replica Automobile

TITLE: None

ATTACHMT: Attached to letter dated 12-16-92 from Bryan D. Patton to Paul Jackson Rice (OCC 8200)

TEXT: This responds to your letter requesting information on Federal regulations for "tubing" you use for hydraulic brake lines in replica cars. I apologize for the delay in responding. We understand that you informed Mr. John Messera of NHTSA's Enforcement Office by telephone that the tubing is steel tubing.

The answer to your inquiry is that there is no Federal motor vehicle safety standard (FMVSS) that applies to metal brake tubing. FMVSS No. 106, "Brake Hoses" applies to new motor vehicles and to "brake hoses" (which include plastic tubing), brake hose end fittings, and brake hose assemblies. "Brake hose" is defined in S4 of the standard as "a flexible conduit, other than a vacuum tubing connector, manufactured for use in a brake system to transmit or contain the fluid pressure or vacuum used to apply force to a vehicle's brakes." NHTSA's longstanding position is that the term "flexible" used in the definition excludes steel tubing. (SEE, E.G., NHTSA's response to petitions for reconsideration, 39 FR 7425, February 26, 1974.) Thus, based on the information you provided by telephone, Standard No. 106 does not appear to apply to the tubing you use in manufacturing your replica cars.

You should be aware, however, that under the National Traffic and Motor Vehicle Safety Act, your product is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements in SS 151-159 of the Safety Act concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determines that your steel tubing contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

You also ask whether "(t)he SAE standard would be used to determine such suitability in the absence of a specific federal code or regulation." Since there is no FMVSS that applies to your tubing, under federal law you are only responsible under the Safety Act for ensuring that your product is free from safety-related defects. As to your potential liability under State law, we suggest that you consult a private attorney for questions about this matter. A private attorney would also be able to answer your query as to whether, under State law, an SAE standard could be used to determine the suitability of your product.

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