Interpretation ID: nht95-2.13

TYPE: INTERPRETATION-NHTSA

DATE: March 27, 1995

FROM: Ken Calvert -- Member of Congress

TO: Edward D. Harrill

TITLE: NONE

ATTACHMT: ATTACHED TO 6/18/95 LETTER FROM JOHN WOMACK TO KEN CALVERT (A43; VSA 102(4))

TEXT: LETTER 1:

Dear Mr. Harrill:

My office has received an authorization for a Congressional Inquiry on behalf of my constituent Mr. Alexander Patnode, SSN 043-07-7207. We are enclosing a copy for your review along with paperwork Mr. Patnode feels will be pertinent to his request.

Mr. Patnode is requesting our assistance in obtaining information regarding the purchase of an engine stand from Pep Boys Auto parts. This stand is made in China for Rally Accessory Inc. located in Miami, Florida. Failure of the stand caused an engine to fail, injuring his ankle. Mr. Patnode states he can't find an agency in the state that will accept or act on his complaint. After a review of Mr. Patnode's paperwork my office would appreciate a written response to his request.

Thank you for your interest in Mr. Patnode. If we may be of further assistance in this matter you may contact Genelle Stephens of my Riverside District Office. I am looking forward to your reply.

Sincerely,

Ken Calvert

LETTER 2:

03/21/95

Ken Calvert 3400 Central Ave. Suite 200 Riverside, Ca. 925

Your Honor,

I need your assistance. I purchased an engine stand from Pep Boy's auto parts, in Temecula, Ca., Failure of the stand caused an engine to fall, injuring my ankle. The stand is made in China, for Rally accessory Inc. located in Miami, Florida. The s tands are obviously made without quality control. I purchased a second stand to use as evidence in my lawsuit. It did not have the same welds, which failed on the first stand. A third stand, on display at Pep Boy's, is made different from either of th e other two. It has an additional brace, welded on the lower portion, in the same area where the first stand failed. None of the stands are equipped with the large brace that appears in the assembly manual.

Home mechanics often leave engines mounted on these stands for extended periods of time. There is potential for serious injury or death to occur, should a stand fail, especially if there are children in the area. Neither Pep Boy's nor Rally seem to be taking this condition seriously.

I called the U.S. Consumer Products Safety Commission hot line. It took until the next day for them to respond, when they told me that they do not handle this. I find it hard to believe that this type of problem doesn't come under their jurisdiction. I haven't been able to find an agency in the state that can accept or act on my complaint. I also contacted the Consumer Affairs in the Attorney General's office, but they couldn't help me. I am enclosing pictures that I hope will illustrate my problem . Any help that you can give will be greatly appreciated.

Sincerly,

Alexander H. Patno

32840 SHEILA LANE

LAKE ELSINORE, CA 92530

(Brochure omitted.)

LETTER 3:

April 27, 1995

John Womack, Esq. Office of the Chief Counsel National Highway Traffic Safety Administration U.S. Department of Transportation Room 5219 400 7th Street, SW Washington, DC 20590

Dear Mr. Womack:

As we discussed by telephone, the Consumer Product Safety Commission ("CPSC") received an inquiry from Rep. Ken Calvert concerning what agency would have jurisdiction over an engine stand purchased by Mr. Alexander H. Patnode. The stand broke, causin g an injury to Mr. Patnode's ankle.

The Consumer Product Safety Act excludes "motor vehicle equipment," as that term is used in the National Traffic and Motor Vehicle Safety Act of 1966, from the CPSC's jurisdiction. As we discussed by phone, it appears that this engine stand is motor vehicle equipment. Accordingly, I have enclosed the material we received on this incident.

Please contact me if you need anything further.

Sincerely, Harleigh Ewell

cc: The Hon. Ken Calvert