Interpretation ID: nht94-7.48

DATE: March 9, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Lawrence F. Henneberger -- Arent Fox Kintner Plotkin & Kahn

TITLE: None

TEXT:

This responds to your request, in a February 3, 1994, meeting, that we provide a letter clarifying certain Federal legal requirements related to a hydraulic brake lock that is sold as aftermarket equipment. You made this request on behalf of your client, MICO, Inc.

You indicated that the device is ordinarily added to used vehicles, but sometimes might be installed by a body builder prior to a vehicle's first sale to a consumer. The hydraulic brake lock at issue supplements the mechanical parking of a motor vehicle by providing supplemental holding capacity for the vehicle. The brake lock is installed in the hydraulic brake lines between the master brake cylinder and the foundation brakes. You particularly asked us to confirm your understanding that such a device is not precluded by Federal Motor Vehicle Safety Standard No. 105, Hydraulic Brake Systems.

As you know, the National Highway Traffic Safety Administration (NHTSA) is authorized under the National Traffic and Motor Vehicle Safety Act (Safety Act) to issue Federal motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. Section 108(a)(1)(A) of the Safety Act prohibits any person from manufacturing, introducing into commerce, selling, or importing any new motor vehicle or item of motor vehicle equipment unless the vehicle or equipment item is in conformity with all applicable safety standards. NHTSA does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The following represents our opinion based on the facts set forth in this letter.

Nothing in Standard No. 105 precludes the inclusion of a hydraulic brake lock that provides supplemental holding capacity for a vehicle, nor does NHTSA have any other regulations specifically covering hydraulic brake locks. Therefore, MICO, as manufacturer of the device, would not have any certification responsibilities. However, the requirements of Standard No. 105 are relevant to hydraulic brake locks. This standard applies to new motor vehicles and specifies a number of brake performance requirements. Since the installation of a hydraulic brake lock requires cutting into the vehicle's brake system, it is possible that such a device could be installed in a manner that affects a vehicle's compliance with Standard No. 105.

You indicated that the hydraulic brake lock at issue is ordinarily added to used motor vehicles. After the first purchase of a vehicle, the only provision in Federal law that affects a vehicle's continuing compliance with an applicable safety standard is set forth in section 108(a)(2)(A) of

the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section provides:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard.

Thus, the named commercial entities would be prohibited from installing a hydraulic brake lock only if such installation would take the vehicle out of compliance with an applicable safety standard, such as Standard No. 105. The "render inoperative" provision does not apply to modifications made to vehicles by their owners.

You indicated that the hydraulic brake lock at issue may sometimes be installed by a body builder prior to the first sale of the vehicle to a consumer. Such a body builder would presumably be installing the hydraulic brake lock on either a completed vehicle that had previously been certified as complying with all Federal motor vehicle safety standards, or as part of the final stage manufacture of a vehicle for which the incomplete vehicle manufacturer had installed a brake system that complied with Standard No. 105. In both cases, the body builder would have certification responsibilities with respect to the vehicle's compliance with Standard No. 105, either as an alterer or as a final stage manufacturer. See 49 CFR Parts 567 and 568.

I hope this information has been helpful.