Interpretation ID: 1985-03.15

TYPE: INTERPRETATION-NHTSA

DATE: 07/10/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Mr. Bernard Cantleberry

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Bernard Cantleberry 5958 Maplewood Road Mayfield Heights, Ohio 44124

Dear Mr. Cantleberry:

This responds to your letter to this office, in which you sought approval from the Department of Transportation and this agency for your hydraulic brake lock. Neither the Department nor this agency have the authority to approve any motor vehicles or motor vehicle equipment. Instead, the manufacturer of the vehicles or equipment is required to certify that it complies with all applicable standards.

The requirement for manufacturer certification is contained in section 114 of the National Traffic and Motor Vehicle Safety Act, (hereinafter "the Safety Act; 15 U.S.C. 1403) which reads as follows:

Every manufacturer or distributor of a motor vehicle or motor vehicle equipment shall furnish to the distributor or dealer at the time of delivery of such vehicle or equipment by such manufacturer or distributor the certification that each such vehicle or item of motor vehicle equipment conforms to all applicable Federal Motor Vehicle Safety Standards. In the case of an item of motor vehicle equipment such certification may be in the form of a label or tag on such item or on the outside of a container in which such item is delivered.

Under Section 114, motor vehicle and equipment manufacturers must them- selves certify that their products comply with all applicable standards. The safety certification procedure thus differs from the government type approval procedure used in Europe. Under the European procedure, a manufacturer delivers its product to a governmental entity which tests the product and then determines whether it should be approved. If the product is approved, it may then be sold.

In the case of your hydraulic brake lock, there is no applicable standard for it as a separate item of motor vehicle equipment. However, if you want to have the hydraulic brake lock installed as original equipment on new vehicles, the vehicle manufacturer would have to certify that the entire brake system with the hydraulic brake lock installed satisfied the requirements of Standard No. 105, Hydraulic Brake Systems (49 CFR S571.105; copy enclosed).

Generally speaking, the requirements of Standard No. 105 apply to motor vehicles prior to their first purchase in good faith, and not to aftermarket accessories for use with or in the vehicle. The general rule is that your hydraulic brake lock may be added to the vehicle after its first purchase, even if the addition of your brake lock causes the vehicle to no longer comply with the requirements of Standard No. 105, without violating any legal requirements.

This general rule is, however, limited by the application of the provisions of section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section specifies : "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard...". The performance capabilities of the hydraulic brake system on the vehicle are considered an element of design installed in a motor vehicle in compliance with Standard No. 105. Thus, if any manufacturer, distributor, dealer, or motor vehicle repair business adds your hydraulic brake lock to a vehicle and knowingly causes the vehicle to no longer comply with Standard No. 105, that person or entity has violated the section 108(a)(2)(A) prohibition. Section 109 of the Safety Act (15 U.S.C. 1398) specifies a civil penalty of up to $1000 for each violation of section 108, and each installation which rendered inoperative compliance with Standard No. 105 would be considered a separate violation.

You should note that the prohibitions of section 108(a)(2)(A) do not apply to the vehicle owner rendering inoperative some element of design on his or her vehicle, and therefore hydraulic brake locks which are sold to and installed by vehicle owners need not be checked to see if they cause the vehicle to no longer comply with the requirements of Standard No. 105. Of course, state product liability law would also affect the installation of your device. I suggest that you discuss this matter with a local attorney.

I would also recommend that you per form some testing or analysis to learn what effect the addition of your hydraulic brake lock has on the braking performance of vehicles on which it is installed. If its addition does not affect the vehicle's compliance with Standard No. 105, the brake lock could be installed by manufacturers, distributors, dealers, and motor vehicle repair businesses without violating any legal requirements. If the addition of the hydraulic brake lock causes the vehicle to no longer comply with Standard No. 105, it may be sold as an aftermarket accessory, but may not legally be installed on a vehicle by any manufacturer, distributor, dealer, or motor vehicle repair business.

Sincerely,

Jeffrey R. Miller Chief Counsel Enclosures

May 6, 1985.

Office of the Chief Counsel: To Whom It May Concern;

Dr. Carl Clark of your dept. recommended that I write to you and put forth what I have and what I want in relation to an innovative Anti Theft device.

I realize that what I have designed is not completely new to the field , but the inner workings, construction , design of operation, safety factors and Anti Theft capabilities are phenomenal, along with other uses.

I am describing a dual hydraulic brake lock that is operated by dual vacuum actuators that work in direct opposite of the way that vacuum actuators operate.

The system is designed in such a way that even while driving down the road and you lose engine power the system does not shut down causing brake failure. The system is also designed that in case of an electrical failure in the vehicle while the brakes are locked you always have full control to open the system to allow towing which is controlled by the only nonpickable lock on the market, and I am not referring to the key system that is designed for the Mercedes with the dimples. The system is designed in such a way that prevents anyone from overcoming it to allow removal of the vehicle, short of cutting the brake lines and driving the vehicle away with the use of the emergency brake, but that all takes time and that generally is what the thieves don't have.

When the hydraulic lock is set it is the absence of vacuum that operates the device, overcoming the device due to my design is impossible.

I keep referring to design , in actuality the partially finished product has been installed on in automobile and has been in test for about two months. By partially finished , I mean that only a single system has been prototyped and was installed on a front wheel drive vehicle. The dual system has been designed and is entering its completed stages. The system works exactly the way it was designed and is operating with no problems.

The device is installed downstream of the differential valve on some models and installed in the brake lines of others that have no differential valve, such as on the one that I am testing it on. The device does not upset the original brake system in any way or does it cause a difference in brake pressure or operation of the original system.

The reason that I am writing to you dept. is that I am looking for sanction from the dept. is that I am Dept. Of Natural Highway Traffic Safety, unless they are one in the same, for my device.

The beauty part of my device is that In testing on and off the vehicle the device held the brakes in a locked up position for a period of approximately two weeks with no pressure loss, unlike two of the other devices that have been produced and that I hive tested and that bears D. O. I. approval.

I am that Service Manager of the largest selling Ford agency in the country and the level of integrity that flows from xxxxxx Mr. Sam Marshall down thru all of his personal is something that would institute a desire for safety in something as in this hydraulic brake lock,I would greatly appreciate your response and requirements pertaining to this device, and what steps I have to take to obtain your approval and sanction.

Thank you for your time and hopefully your assistance;

Bernard Cantleberry 5958 Maplewood Rd. Mayfield Hgts, Ohio 44124