Interpretation ID: 1984-3.28
TYPE: INTERPRETATION-NHTSA
DATE: 09/14/84
FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA
TO: William E. Hedenberg -- President, Comfort Crew Inc.
TITLE: FMVSS INTERPRETATION
TEXT:
Mr. William E. Hedenberg President Comfort Crew, Inc. 716 South Milwaukee Avenue Wheeling, Illinois 60090
This responds to your August 13, 1984, letter to the National Highway Traffic Safety Administration (NHTSA) concerning the certification requirements for the air suspension systems you manufacture. According to your letter, your suspension systems are retrofitted to medium and light duty trucks by your dealers and by "special equipment" aftermarket manufacturers. In a subsequent telephone call with Ms. Deirdre Hom of my staff, you clarified your question by stating that your air suspension systems would be added to new vehicles prior to their first sale. Also, you stated that the installation of an air suspension system on a vehicle would not affect the vehicle's Gross Vehicle Weight Rating.
There is no requirement at present that air suspension systems be certified. The certification label is a manufacturer's representation that a motor vehicle or item of motor vehicle equipment conforms to all applicable Federal motor vehicle safety standards, and there are no standards that presently apply to air suspension systems. However, if your system is installed by a dealer on a new vehicle before its sale to its first purchaser for purposes other than resale, then under Title 49 of the Code of Federal Regulations Part 467.7, Requirements For Persons Who Alter Certified Vehicles,the person installing the suspension system on the new vehicle would have to certify that the vehicle, as altered, continues to comply with all of the safety standards affected by the alteration. You should refer to 49 CFR Part 567.7 for the specific certification requirements for alterers.
As stated above, you as the manufacturer of the air suspension system would have no certification requirements. However, an alterer would probably require information from you in order to make the necessary certification. Should a noncompliance be discovered as result of an alterer's modification, the alterer would be liable for a civil penalty unless he could establish that he did not have actual knowledge of the noncompliance, and that he did not have reason to know in the exercise of due care that the vehicle did not comply. (12 U.S.C. 1397(b)(2)).
Regardless of whether there is a Federal motor vehicle safety standard which applies to your air suspension systems, you should be aware that the National Traffic and Motor Vehicle Safety Act imposes general responsibilities on manufacturers of motor vehicles and motor vehicle equipment regarding safety defects. Under Section 151 et seq., manufacturers must notify purchasers about safety-related defects and remedy such defects free of charge. Section 109 imposes a civil penalty upon any person who fails to provide notification of or remedy for a defect in motor vehicles or motor vehicle equipment. Further, in addition to the provisions of Federal law discussed above, you should consider the possibility for liability in tort should your products prove to be unsafe in operation. You may wish to discuss this matter with your attorney and insurance company.
As you requested, we have previously returned to you the "Ride and Handling Evaluation" that you submitted with you letter.
Sincerely, Original Signed By Frank Berndt Chief Counsel
August 13, 1984
Ref: Air Suspension Certification
Dear Mr. Berndt:
In regard to the above, I have been referred to you by Ms. Dedra Hom of your office.
We have completed approximately two years of research and development, testing and market studies of an air suspension system for medium to light duty trucks. Although we are manufacturing the system, our dealers, and aftermarket manufactures such as R.V., ambulance, and special equipment firms will be retrofitting the removal of the O.E.M. steel spring suspension, and 100% bolt on retrofit of our system..
Enclosed is a Ride Handling Evaluation report, conducted by Bendix Automotive Proving Grounds, an independent testing firm. You will please note two areas of comparisons, Page 2, Item 4.3, HANDLING LANE CHANGE, and on Page 7, and Item 7.5, DISCUSSION OF TEST RESULTS. These test were without a rear stabilizer bar. We have now designed a rear bar, and have returned our vehicle to Bendix for comparisons. We cannot at this time provide any results, but through many demonstration rides by unbiased drivers, all opinions are that the vehicle roll on cornering is much less than the O.E.M. equipment. Bendix has also completed an accelerated durability of the design. Their report is in the compiling stage at this time. If you would, please return the RIDE and HANDLING REPORT at your earliest convenience.
We hav exhausted a considerable amount of investigating throughout N.H.T.S.A., D.O.T., F.M.V.S.S., and G.S.A. and cannot seem to locate any specifications which are written for suspensions. We are confident that you system will be beneficial to the consumer, and we do wish to comply to any Federal Standards. I you would please forward any requirments of suspensions as to certification, vehicle labeling, etc.
We request that our inquiry be expedited as our first units are scheduled to be shipped by September 7, 1984.
Thank you for your attention regarding this matter.
Sincerly yours, William E Hedenberg President WEH:sc enclosure