Interpretation ID: nht94-5.24

DATE: May 18, 1994

FROM: Womack, John -- Acting Chief Counsel, NHTSA

TO: Schaub, James -- Midas Muffler Shop (Louisiana)

TITLE: NONE

ATTACHMT: Attached To 10/21/93 Letter From James Schaub To John Womack (OCC 9252)

TEXT: This responds to your letter asking us about Federal Motor Vehicle Safety Standard No. 105 with regard to replacing brake rotors and/or drums. I apologize for the delay in our response. You stated that local automobile dealership service departments do not follow manufacturers' recommendations in this area, causing your customers to believe that your shop is fraudulently selling and installing parts on vehicles when they are not needed. You requested an interpretation of Standard No. 105 in this regard, and asked whether there is any basis for fraud in replacing rotors and drums when they are outside manufacturer safety tolerances. You stated that if you can present an established standard to your customers, you can prevent them from believing they have been taken advantage of.

By way of background information, the National Traffic and Motor Safety Act (Safety Act) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards for new motor vehicles and new motor vehicle equipment. Standard No. 105, Hydraulic Brake Systems, specifies requirements for hydraulic brake systems and associated parking brake systems. The standard applies to new motor vehicles.

While you asked for an interpretation of Standard No. 105, that standard is of little relevance to your situation. This is because the Federal motor vehicle safety standards do not apply to a motor vehicle after its first sale to a consumer. The Safety Act does include some provisions which are relevant to used vehicles. In particular, the Safety Act prohibits manufacturers, distributors, dealers, and motor vehicle repair businesses from knowingly rendering inoperative any safety device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with a safety standard. However, this provision would ordinarily not be relevant to a decision whether to replace, or mill or turn, worn brake drums and rotors.

With respect to your desire to show your customers an established standard in this area, I can call your attention to NHTSA's vehicle in use inspection standards. These standards set forth criteria for, among other things, inspecting service brake systems. You should be aware that these standards were developed for use by the States in establishing their inspection requirements. Thus, the standards only apply to the extent that they are adopted by individual States. I have enclosed a copy of the standards for your information and particularly call your attention to section 570.5(f). That section, which applies to vehicles with a GVWR of 10,000 pounds or less, reads as follows:

(f) Disc and drum condition. If the drum is embossed with a maximum safe diameter dimension or the rotor is embossed with a minimum safety thickness dimension, the drum or disc shall be within the appropriate specifications. .

. .

This section reflects the importance NHTSA places on following manufacturer recommendations in this area.

The states may regulate the repair of motor vehicles. We suggest that you investigate the laws of Louisiana to see whether they affect your situation.

We cannot advise you about Federal or state requirements concerning fraud. You may wish to contact the Federal Trade Commission, your state government, and/or a private attorney about this matter.