Interpretation ID: Roseman_ltr

Mr. Robert A. Roseman
Load Rite Trailers, Inc.
265 Lincoln Highway
Fairless Hills, PA 19030-1193

Dear Mr. Roseman:

This responds to your letter to Stephen P. Wood of my staff asking two questions about Federal Motor Vehicle Safety Standard (FMVSS) No. 106, Brake Hoses (49 CFR 571.106). Both of your questions are answered below. You explain that your company manufactures boat trailers and that you have questions about a brake hose assembly "that does not meet Standard No. 106." You ask for confirmation of information you were given that "DOT doesn't apply to boat trailers because they are not for commercial use." As explained below, the information you were provided is incorrect.

Question 1: Does 49 CFR 571.106 apply to boat trailers that are used on the public highways for non-commercial use?

The answer is yes. All trailers, including boat trailers, manufactured for use on the public highways and all brake hoses, brake hose assemblies, and end fittings used on trailers and boat trailers must comply with FMVSS No. 106. (See S3 of FMVSS No. 106 regarding the applicability of the standard.) The term "boat trailer" is defined in 49 CFR 571.3, as "a trailer designed with cradle-type mountings to transport a boat and configured to permit launching of the boat from the rear of the trailer." (Emphasis added.) As a subcategory of "trailers," boat trailers must comply with all Federal motor vehicle safety standards applicable to trailers, including FMVSS No. 106. We note that our answer would be the same even if the boat trailers you manufacture were used on the public roads for commercial rather than non-commercial purposes.

Question 2: What would my exposure for correction be if I simply began using the lower cost brake hose assemblies until the issue is clarified? Would I have to replace all those that I supplied?

Under 49 U.S.C. 30101 et seq. (the Safety Act), you must use brake hose, end fittings and assemblies that comply with Standard No. 106. 49 U.S.C. 30112. Under 30115 of the Safety Act, manufacturers are required to certify that their motor vehicles and/or motor vehicle equipment comply with all applicable Federal motor vehicle safety standards in effect at the time of manufacture. Section 30115 prohibits any person from issuing such certification "if, in exercising reasonable care, the person has reason to know the certificate is false or misleading in a material respect." Persons who knowingly certify compliance of vehicles containing non-compliant equipment are subject to the Act's civil penalty provisions. 49 U.S.C. 30165. Under 30165, anyone who violates 30112 or 30115 is subject to a civil penalty up to $5,000 per violation, up to a maximum penalty of $15,000,000 for a series of related violations. In addition, the Act prohibits the sale of non-compliant vehicles or equipment. The statute also requires manufacturers to notify consumers that a motor vehicle or item or equipment they purchased fails to comply with the FMVSSs or contains a safety-related defect, and requires manufacturers to remedy such noncompliances and defects without charge. We have enclosed an information sheet that briefly describes these and other manufacturer responsibilities.

I hope this information is helpful. If you have any questions, please contact Robert Knop of this office at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosure
ref:106
d.5/3/02