Interpretation ID: 86-3.46

TYPE: INTERPRETATION-NHTSA

DATE: 06/11/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Allen F. Brauninger

TITLE: FMVSS INTERPRETATION

TEXT:

Allen F. Brauninger Esq. Office of the General Counsel U.S. Consumer Product Safety Commission Washington, D.C. 20207

Dear Mr. Brauninger:

Thank you for your letter of March 20, 1986, concerning whether a nylon tow strap would be considered an item of motor vehicle equipment as defined by section 102(4) of the National Traffic and Motor Vehicle Safety Act. As discussed below, we have determined that a nylon tow strap is an item of motor vehicle equipment.

Section 102(4) of the National Traffic and Motor Vehicle Safety Act defines, in part, the term "motor vehicle equipment" as:

any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any accessory, or addition to the motor vehicle . . . (Emphasis added.)

In determining whether an item of equipment is considered an "accessory" the agency has looked at the following two factors, whether the item has no ostensible purpose other than use with a motor vehicle and whether it is intended to be used principally by ordinary users of motor vehicles. On first impression, it would seem that the nylon tow strap in question could have purposes, such as work with agricultural equipment, which do not involve motor vehicles covered by the Vehicle Safety Act. However, the advertising and promotional literature and articles you have provided show that the strap is intended to be used by motorists to pull one motor vehicle with another motor vehicle. The literature consistently refers to the use of the strap to pull a stuck motor vehicle out of mud, snow, and sand. Likewise, the illustrations in the advertisements and promotion literature show the straps being used to pull motor vehicles.

The material you enclosed also makes clear that the nylon tow straps are being offered to vehicle owners for use with conventional passenger cars and off-road, utility-type vehicles. Given those considerations, we would consider the nylon tow straps in question to be vehicle accessories and thus an item of motor vehicle equipment covered by the Vehicle Safety Act.

If you have any further questions, please let me know.

Sincerely,

Erika Z. Jones Chief Counsel

Stephen Oesch, Esq. Office of the Chief Counsel National Highway Traffic Safety Administration U.S. Department of Transportation -- Room 5219 400 Seventh Street, S.W. Washington, D. C. 20590

Dear Mr. Oesch:

As you know, section 3 (a) (1) (C) of the Consumer Product Safety Act (15 U.S.C. S 2052 (a) (1) (C) ) excludes "motor vehicle equipment" as defined by section 102 (4) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S 1391 (4)) from those "consumer products" which are subject to the authority of this agency.

I am writing to request your assistance in determining whether a nylon tow strap promoted for use in extricating a vehicle stuck in mud or snow is an item of "motor vehicle equipment." As you repeated during our telephone conversation on March 19, 1986, I am enclosing copies of advertising and promotional materials for the product in question, and two articles which describe the product and its use.

After you have had an opportunity to examine these materials, I would like to discuss them with you.

Thank you for your assistance in this matter.

Sincerely yours,

Allen F. Brauninger Attorney

Enclosure