Interpretation ID: aiam4407
Mr. H. T. Ebner
Alfred Teves GMBH
Postfach 900120
6000 Frankfurt 90
FEDERAL REPUBLIC OF GERMANY;
Dear Mr. Burkard and Mr. Ebner: This responds to your letter concerning the brake fluid reservoi labeling requirements of Federal Motor Vehicle Safety Standard No. 105, *Hydraulic Brake Systems*. You enclosed a sample and drawing of a new labeling design and asked whether it complies with the standard, even if there is no warning on the filler cap. Your labeling consists of a white plastic sleeve which is inserted over the mouth of the reservoir, such that the following letters, in red, surrounds the filler cap: WARNING--CLEAN FILLER CAP BEFORE REMOVING. USE ONLY DOT 4 BRAKE FLUID FROM A SEALED CONTAINER. The plastic sleeve can be removed undamaged by lifting it over the mouth of the reservoir. You stated that the material is resistant to DOT brake fluid. Your question is addressed below.; By way of background information, the National Highway Traffic Safet Administration does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with applicable standards. The following represents our opinion based on the facts provided in your letter.; Section S5.4.3 of Standard No. 105 reads as follows: >>>S5.4.3 *Reservoir labeling*--Each vehicle shall have a brake flui warning statement that reads as follows, in letters at least on-eighth of an inch high: 'WARNING, Clean filler cap before removing, Use only * * fluid from a sealed container'. (Inserting the recommended type of brake fluid as specified in 49 CFR 571.116, e.g., 'DOT 3'). The lettering shall be--; (a) Permanently affixed, engraved, or embossed, (b) Located so as to be visible by direct view, either on or within inches of the brake fluid reservoir filler plug or cap, and; (c) Of a color that contrasts with its background, if it is no engraved or embossed.<<<; It is our opinion that your new design would not comply with th requirement in section S5.4.3 that the lettering be permanently affixed, engraved, or embossed. Since the lettering is obviously not engraved or embossed, I will discuss the only remaining option, that the lettering be 'permanently affixed.' The dictionary defines 'affix' as follows: to attach physically ( as by nails or glue) . . . .' The word 'permanent' is defined as 'continuing or enduring (as in the same state, status, place without fundamental or marked change: not subject to fluctuation or alteration: fixed or intended to be fixed . . . .' (Webster's Third New International Dictionary, unabridged edition.) In light of these definitions, we do not believe that your brake fluid warning lettering would be 'permanently affixed.' Since your design permits the lettering to easily be removed and replaced, its physical attachment cannot be considered to be continuing or enduring and not subject to fluctuation or alteration. However, it may be possible for your to attach the lettering to the reservoir in a manner that it would be permanently affixed. One such method would appear to be bonding, although there may be other methods as well.; Sincerely, Erika Z. Jones, Chief Counsel