Interpretation ID: nht92-9.28

DATE: February 3, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Frank Sonzala -- Senior Vice President, International Transquip Industries, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 12/11/91 from Frank J. Sonzala to Steve Wood (OCC 6781)

TEXT:

This responds to your inquiry about whether a manufacturer of spring brakes may legally add the symbol "DOT" to its spring brake chamber housing. You explained that another manufacturer has adopted this practice which you believe has the potential to confuse consumers since the DOT symbol typically indicates that the item of equipment complies with agency requirements. You requested that the agency issue an interpretation stating that the DOT symbol should not be placed on any chamber and should not serve as a certification of approval by DOT or NHTSA. As discussed below, the DOT symbol should not be marked on brake chambers.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approval of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act ("Safety Act"), the manufacturer is responsible for certifying that its vehicles or equipment comply with applicable standards. The following letter represents our opinion based on the facts presented in your letter.

NHTSA promulgates safety standards for motor vehicles and motor vehicle equipment. One such standard is Standard No. 121, Air Brake Systems (49 CFR 571.121), which establishes requirements for braking systems on vehicles equipped with air brake systems. The standard applies to trucks, buses, and trailers equipped with air brake systems; it does not apply to motor vehicle equipment. Spring brakes are a type of brake design that is often used to comply with Standard No. 121's parking brake requirements.

Nothing in Standard No. 121 addresses labeling air brakes or air brake components with the symbol DOT. Several of NHTSA' standards, however, do require items to be marked with the symbol DOT, which serves as a certification that the item complies with applicable standards. For example, Standard No. 106, Brake Hoses (49 CFR 571.106), specifies labeling and performance requirements for motor vehicle brake hoses, brake hose assemblies, and brake hose end fittings. This standard requires the equipment manufacturer to label brake hoses with the symbol DOT, with this symbol constituting a certification by that manufacturer that the hose conforms to all applicable motor vehicle safety standards (see S7.2).

Since placement of the symbol DOT on an equipment item signifies that the item is certified as complying with Federal motor vehicle safety standards, use of the symbol for items which are not subject to the standards can be misleading. Standard No. 121 does not directly apply to spring brakes but instead applies to air-braked vehicles. Compliance with the standard is

determined by a vehicle's overall braking performance. Thus, a spring brake cannot "comply" with that standard or any other standard. Any symbol that implies that a spring brake complies with Federal safety standards is thus misleading.

Section 108 (a)(1)(C) of the Safety Act provides, among other things, that no person shall issue a certificate to the effect that a motor vehicle or item of motor vehicle equipment conforms to all applicable Federal motor vehicle safety standards, if such person in the exercise of due care has reason to know that such certificate is false or misleading in a material respect. The placement of the DOT symbol on an item to which a Federal motor vehicle safety standard does not apply may be a violation of this section. We are referring your allegations to our Office of Enforcement for appropriate action.

I hope this information is helpful. If you have any further questions or need some additional information on this topic, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.