Interpretation ID: aiam2017
Technical Director
National Solid Wastes Management Association
1730 Rhode Island Avenue
N.W.
Washington
DC 20036;
Dear Mr. Greco: This responds to the National Solid Wastes Management Association' July 29, 1975, question whether Standard No. 121, *Air Brake Systems*, or other Department of Transportation regulations require a vehicle operator to maintain and not disconnect brake components used in satisfaction of the standard. You state that you are already aware of operator responsibilities to meet the regulations of the Bureau of Motor Carrier Safety and those promulgated by State and local governments.; Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safet Act of 1966 (15 U.S.C. 1397(a)(1)(A)) specifies in part that no person shall sell or introduce in interstate commerce a vehicle which does not comply with applicable standards in effect on the date of manufacture. Section 108(b)(2) provides that S 108(a)(1)(A) does not apply after the first purchase for purposes other than resale. The general effect of these provisions is that the brake system must comply and not be disconnected prior to its first retail sale. Section 108(a)(2)(A) provides that no manufacturer (sic) distributor, dealer, or motor vehicle repair business shall knowingly render inoperative a device installed in compliance with an applicable safety standard. Taken together, these provisions do not require the vehicle operator to maintain or not render inoperative a safety system after the first retail purchase. This agency does not recommend disconnection of elements of a brake system, however, in view of the probable adverse effect on handling not intended by the vehicle designer and engineer.; Other than the regulations of the Bureau of Motor Carrier Safety, o which you are aware, no regulations of the Department of Transportation require the maintainence (sic) or prohibit the disconnection of systems installed in satisfaction of motor vehicle safety standards.; Sincerely, Frank Berndt, Acting Chief Counsel