Interpretation ID: nht93-5.50
TYPE: Interpretation-NHTSA
DATE: August 5, 1993
FROM: John Womack -- Acting Chief Counsel, NHTSA; Signature by Kenneth N. Weinstein
TO: Richard Muraski -- President/CEO, Equa-Brake, Inc.
TITLE: None
ATTACHMT: Attached to letter dated 5/18/93 from Richard Muraski to John Womack (OCC 8668)
TEXT:
This responds to your letter requesting an interpretation about the use of your product, the Equa-Brake mechanical auxiliary air brake system. You stated that this product "increases brake force and improves brake performance on all vehicles that are equipped with air brakes." You were concerned about whether the use of your product would be affected by an agency decision to deny a petition for rulemaking submitted by the Washington Company. That petition had requested the agency to require a device that regulates air pressure differential between the two wheels on each axle (57 FR 29459, July 2, 1992).
As explained below, neither the requirements of Standard No. 121, nor those of the National Traffic and Motor Vehicle Safety Act (Safety Act), under which the standard was issued, prohibit the installation of your product in most situations. The one exception is that if your product is installed on a vehicle by a vehicle manufacturer, dealer, or repair business, neither the act of installation nor the operation of the device may render inoperative any device or element of design installed on that vehicle.
By way of background information, the National Highway Traffic Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with all applicable standards. The following represents our opinion based on the facts provided in your letter.
NHTSA does not have any specific regulations about auxiliary brake systems. However, since this device is tied to a vehicle's air brake system, it could affect a vehicle's compliance with standard No. 121. That standard applies to almost all new trucks, buses, and trailers equipped with air brake systems.
If the Equa-Brake is installed as original equipment on a new vehicle, the vehicle manufacturer is required to certify that, with the device installed, the vehicle satisfies the requirements of all applicable safety standards, including Standard No. 121. (See 15 U.S.C. S1397(a)(1) and 49 CFR Part 567. If the device is added to a previously certified new motor vehicle prior to its first consumer purchase, then the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration. 49 CFR S567.7.
If the device is installed on a used vehicle by a manufacturer, distributor, dealer, or motor vehicle repair business, then the installer would not be required to attach a certification label. However, it would have to make sure that it did not knowingly render inoperative, in whole or in part, any device
or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard. 15 U.S.C. S1397(a)(2)(A).
Your letter expressed concern about the effect of the agency's decision to deny the rulemaking petition submitted by the Washington Corporation. Please note that the Washington petition requested that the agency amend Standard No. 121 to REQUIRE a device that regulates a brake system's air pressure differential between two wheels on each axle. In denying the petitioner's request to require such a device, the agency emphasized that its decision not to require a product in no way prohibited the optional installation of the device provided the vehicle continued to comply with the applicable standards.
I hope this information is helpful. If you have any questions about NHTSA's safety standards, please feel free to contact Marvin Shaw at this address or by telephone at (202) 366-2992.