Interpretation ID: nht79-1.4

DATE: 01/16/79

FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: R. D. Phillips

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Richard D. Phillips Attorney At Law P.O. Box 66 Ludowici, Georgia 31316

Dear Mr. Phillips:

This responds to your December 15, 1978, questions about the status of school buses subject to recall for antilock malfunction now that the "no lockup" requirement of Standard No. 121, Air Brake Systems, has been invalidated in the cases of trucks and trailers. You also ask whether the antilock systems in question must be reconnected, whether the vehicles would thereby be made more or less safe, and what the effect of continued disconnection might be on liability considerations.

I have enclosed the agency's official interpretation of the effect of the invalidation on the operational status of vehicles equipped with antilock. In the case of vehicles subject to recall, we stated that section 154 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1414) mandates an "adequate repair," and that, in the NHTSA's view, the benefits of "no lockup" performance mandate the offer of repair and reconnection.

The letter also states that disconnection, consistent with regulations of other authorities and the instructions of the manufacturer, would not violate the Vehicle Safety Act. While the NHTSA finds that the repair would provide desirable "no lockup" performance, we are unable to counsel you on the Long County Board of Education's liability if the system were not reconnected.

Sincerely,

Original Signed By

Joseph J. Levin, Jr. Chief Counsel

Enclosure