ID: nht92-3.42

DATE: September 23, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Gary L. Hopkins -- VP & G.M. Control Systems Products, Bendix Heavy Vehicle Systems

TITLE: None

ATTACHMT: Attached to letter dated 8/3/92 from Gary L. Hopkins to Office of the Chief Counsel, NHTSA (OCC-7633)

TEXT:

This responds to your letter of August 3, 1992, seeking an interpretation of Standard No. 124, Accelerator Control Systems (49 CFR S571.124). More specifically, your letter sought "confirmation of (y)our position that vehicles equipped with electronic engine control systems ... which include an electronic treadle assembly are not covered by the scope and requirements of FMVSS #124." As explained in detail below, your understanding is incorrect. Standard No. 124 applies to all listed vehicle types, regardless of whether their engine control systems use electronic or mechanical means to control the engine.

The purpose of Standard No. 124 is to reduce deaths and injuries caused by vehicles that continue to supply fuel to the engine when there is a malfunction in the accelerator control system. To ensure that drivers could bring vehicles that experience a problem with the accelerator control system to a controlled stop, instead of having the vehicle continue to speed forward, Standard No. 124 requires that the vehicle's throttle return to the idle position whenever the driver removes the actuating force from the accelerator control and that the throttle return to idle whenever there is a severance or disconnection in the accelerator control system. The safety need for these requirements is the same for all vehicles, regardless of whether their accelerator control system is electronic, mechanical, or some other type of technology.

S4.1 sets forth the following definitions:

Throttle means the component of the fuel metering device that connects to the driver-operated accelerator control system and that by input from the driver-operated accelerator control system controls the engine speed.

Fuel metering device means the carburetor, or in the case of certain engines, the fuel injector, fuel distributor, or fuel injection pump.

Driver-operated accelerator control system means all vehicle components, except the fuel metering device, that regulate engine speed in direct response to movement of the driver-operated control and that return the throttle to the idle position upon release of the actuating force.

You said in your letter that the electronic treadle assembly in your company's accelerator control system "modulates an electric signal, received from an outside source, in response to the input of the operator's foot. This signal is an input to the engine electronic controller which in turn provides electronic signals that operate the engine fuel injectors to

control engine power."

You asserted that the electronic treadle assembly is not a throttle, as that term is defined in Standard No. 124. Based on the information provided in your letter, we agree. Standard No. 124 expressly provides that the throttle must be part of the fuel metering device. In the example you have given, the electronically controlled fuel injectors, together with any pumps or other metering systems connected to those injectors, appear to be the "fuel metering device." Based on the information provided in your letter, it appears that the electronic treadle assembly would be considered to be part of the "driver-operated accelerator control system," because it is a vehicle component that regulates engine speed in direct response to movement of the driver-operated control.

You went on to assert that no component of an electronically controlled diesel engine would be considered a throttle, as that term is defined in Standard No. 124. We disagree. Standard No. 124 defines a throttle as "the component of the fuel metering device that connects to the driver- operated accelerator control system and that by input from the driver- operated accelerator control system controls the engine speed." Every engine design of which we are aware, including electric, diesel, conventional gasoline, and Wankel rotary gasoline, has a component that controls the engine speed in response to inputs from the driver. That component is the throttle. Indeed, an engine design without a throttle would not allow the driver to control the engine speed.

NHTSA has already addressed the applicability of Standard No. 124 to electronic accelerator control systems. In an August 8, 1988 letter to Mr. Koji Tokunaga of Isuzu (copy enclosed), the agency explained how Standard No. 124 would apply to a proposed electronic accelerator control system. In a November 9, 1988 letter to Mr. J.E. Carr of Caterpillar (copy enclosed), the agency explained how Standard No. 124 applies to an electronically controlled diesel engine. Hence, the issue of how Standard No. 124 applies to electronic accelerator control systems has been settled at least since 1988. Given the broad language used in the standard, the agency's previous interpretations of the standard, and the compelling safety need to prevent runaway vehicles if malfunctions should occur in the accelerator control system, we must reject your suggestion that Standard No. 124 should be interpreted in such a way that it does not apply to electronically controlled diesel engines.

I hope you find this information helpful. If you have any other questions or would like some additional information on this subject, please feel free to contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

ID: aiam1341

Dear Mr. Caverlee: This is in reply to your letter of November 8, 1973, requestin information on the applicability of NHTSA safety standards and regulations to a company which manufactures for its own use special truck bodies and transfers truck bodies from one chassis-cab to another.; Truck bodies are items of motor vehicle equipment under the Nationa Traffic and Motor Vehicle Safety Act and NHTSA regulations and are presently not subject to safety standards or regulations except insofar as they become part of a completed vehicle (49 CFR S 568.3). In such cases the installer of the truck body is considered a manufacturer of the vehicle, and if he is its final-stage manufacturer, he will be responsible for the conformity and certification of conformity of the vehicle (49 CFR Parts 567, 568, 15 U.S.C. 1403) to all applicable safety standards.; The NHTSA applies this rule even when the vehicle is complete (manufactured) by a company (or person) for its own use. This is because the use of these vehicles involves their introduction or delivery for introduction in interstate commerce, and is thus within 15 U.S.C. SS 1397(a)(1), 1398, and 1399. Use restricted to one State does not remove a vehicle from these requirements. However, a subsequent sale by the user-manufacturer does fall within section 1397(b)(1) as long as the manufacturer's use has been *bona fide*.; The agency has taken the position that the standards and regulation apply when the installation of truck bodies and other completive measures are undertaken with new chassis. When the installation or transfer of a truck body (including a new truck body) is to a used chassis, the NHTSA considers the vehicle to be a used vehicle under section 1397(b)(1) and the standards and regulations do not apply.; Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: aiam1340

Dear Mr. Caverlee: This is in reply to your letter of November 8, 1973, requestin information on the applicability of NHTSA safety standards and regulations to a company which manufactures for its own use special truck bodies and transfers truck bodies from one chassis-cab to another.; Truck bodies are items of motor vehicle equipment under the Nationa Traffic and Motor Vehicle Safety Act and NHTSA regulations and are presently not subject to safety standards or regulations except insofar as they become part of a completed vehicle (49 CFR S 568.3). In such cases the installer of the truck body is considered a manufacturer of the vehicle, and if he is its final-stage manufacturer, he will be responsible for the conformity and certification of conformity of the vehicle (49 CFR Parts 567, 568, 15 U.S.C. 1403) to all applicable safety standards.; The NHTSA applies this rule even when the vehicle is complete (manufactured) by a company (or person) for its own use. This is because the use of these vehicles involves their introduction or delivery for introduction in interstate commerce, and is thus within 15 U.S.C. SS 1397(a)(1), 1398, and 1399. Use restricted to one State does not remove a vehicle from these requirements. However, a subsequent sale by the user-manufacturer does fall within section 1397(b)(1) as long as the manufacturer's use has been *bona fide*.; The agency has taken the position that the standards and regulation apply when the installation of truck bodies and other completive measures are undertaken with new chassis. When the installation or transfer of a truck body (including a new truck body) is to a used chassis, the NHTSA considers the vehicle to be a used vehicle under section 1397(b)(1) and the standards and regulations do not apply.; Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: nht87-2.10

TYPE: INTERPRETATION-NHTSA

DATE: 06/15/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Clarence M. Ditlow III

TITLE: FMVSS INTERPRETATION

TEXT:

Clarence M. Ditlow III, Esq. Center for Auto Safety 2001 S Street, N.W., Suite 410 Washington, DC 20009

Dear Mr. Ditlow:

Thank you for your letter concerning how the provisions of section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act apply to the displaying, test driving, and delivery of a passenger car with an automatic safety belt. The agency has rece ntly issued the enclosed Federal Register notice that addresses the issues you raised.

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

Sincerely, Erika Z. Jones Chief Counsel Enclosure

Erika Jones, Chief Counsel National Highway Traffic Safety Administration 400 Seventh St., SW Washington, DC 20590

Dear Ms. Jones:

With the 1987 model year less than a month away, automobile dealers will soon be selling large numbers of vehicles equipped with passive restraints. Unfortunately, while the passive restraint requirement has the potential for saving thousands 0f lives an nually, these benefits will not be realized if dealerships mock the standard by disconnecting the automatic seat belts offered by some manufacturers.

The cumbersome and easily detached automatic belts offered by General Motors, for example, will actually encourage disconnection by dealerships and consumers. The GM automatic belt has a buckle to disconnect it with the window shade retractor convenientl y rolling the loose belt up into the retractor. GM is introducing this system over the express objections of safety groups and the criticism of the Supreme Court which asked in its unanimous decision overturning DOT's revocation of the passive restraint standard whether such automatic belt disconnects should be outlawed.

Moreover, GM's easy-to-release but hard-to-wear automatic belts are particularly reprehensible given that other auto companies will have far superior belts on their 1987 models. Ford, Nissan and Toyota will all use motorized passive belts with demonstrat ed consumer acceptance. For the past ten model years, Volkswagon has sold an automatic belt that is so easy to use consumers don't disconnect it. DOT's own studies of the VW "easy rider" automatic belt show usage of over 80%. In contrast, GM's "hard ride r" automatic belt is unlikely to obtain more than 15% usage.

Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act prohibits any dealer from "knowingly rendering inoperative, in whole or in part, any device installed in a motor vehicle in compliance with an applicable Federal motor vehicle safe ty standard." The NHTSA has previously ruled this section does not prohibit dealers from disconnecting an, automatic seat belt to demonstrate the emergency release mechanism. However, this section clearly prohibits dealers from disconnecting and disablin g automatic seat belts in all other circumstances. If they do so, they are liable for a $1,000 fine per car under Section 109 of the Act.

The temporary disconnection of an automatic belts for the purpose of demonstrating the emergency release mechanism is a separate and unique activity easily distinguishable from having display models with disconnected automatic belts sitting on the showro om floor. The same is true of allowing vehicles to be test driven with disconnected belts, or delivered to purchasers with detached automatic belts. These practices have no safety benefit and serve only to encourage consumer disuse or automatic belts, th ereby undercutting their unique contribution of automatic belts to occupant protection.

Accordingly, the Center for Auto Safety petitions the NHTSA to issue, prior "to the beginning or the 1987 model year, an interpretive legal opinion of Section 108 of the National Traffic and Motor Vehicle Safety Act stating it is illegal for dealers to: (1) display 1987 models with disconnected automatic seat belts on the showroom floor or on the dealership lot, (2) conduct test drives with automatic belts disconnected, and (3) deliver 1987 models at the time of purchase with automatic belts disconnecte d. NHTSA is also requested to rule that dealers who so violate Section 108 by displaying and selling new cars with automatic belts disconnected are subject to a 81,000 per vehicle fine.

Sincerely, Clarence M. Ditlow III Executive Director cc: Sen. John Danforth Rep. Tim Wirth

ID: 2872o

Mr. Dan Moore
Engineer - Car Design
Busch Transportation Services
5901 State Route 15
Belleville, IL 62223

Dear Mr. Moore:

This responds to your letter requesting information concerning a step-van design. You indicated that you propose to attach a step-van to a truck chassis with a Gross Vehicle Weight Rating of 10,000 pounds, and sought information about applicable Federal requirements. Specifically, you asked which of the Federal motor vehicle safety standards would apply to the finished step-van, what other National Highway Traffic Safety Administration regulations would apply, and which of the safety standards require actual testing of a prototype. While I apologize for the delay in responding to your requests, I hope that the following information is useful to you.

First, by way of background, the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.) requires every new motor vehicle sold in the United States to be certified as complying with all applicable Federal motor vehicle safety standards. The Safety Act specifies that it is the manufacturer itself that must certify that each of its vehicles complies with all applicable safety standards in effect on the date of manufacturer. Because of this statutory requirement, this agency does not "approve" any manufacturer's vehicles or offer assurances that the vehicles comply with the safety standards.

In certifying compliance with the safety standards, the manufacturer must do so consistent with the agency's definitions of motor vehicle types, found in 571.3 of Title 49 of the Code of Federal Regulations. From the information in your letter, it appears that your vehicle would be classified as a truck. (Our regulations define "truck" as a "motor vehicle, with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment.") I am enclosing with this letter a table which lists each standard that applies to each basic vehicle type. From this list you should be able to determine which safety standards apply to your vehicle. In addition, I am enclosing a fact sheet for new manufacturers, which describes all pertinent areas of regulation of motor vehicles, as well as a booklet for complying with regulations on importing motor vehicles. While you are not importing vehicles, the booklet does contain summary statements for each of the standards, which may be helpful to you.

You indicate that you will be attaching a step-van to a truck chassis, and thus request information concerning your responsibilities as a final stage manufacturer. The agency's requirements for final stage manufacturers are set forth in Parts 567 and 568 of the agency's regulations. I have enclosed copies of both of these regulations. Briefly, these requirements can be explained as follows.

Under 568.6, a final stage manufacturer must complete the vehicle in such a manner that it conforms to all safety standards for the applicable vehicle type (in this case we presume a truck) in effect on a date no earlier than the manufacturing date of the incomplete vehicle (in this case, the chassis), and no later than the date of completion of the final-stage manufacture (in this case, the attachment of the body to the chassis). In addition, you must affix a label to the completed vehicle in accordance with the certification requirements set forth in 567.5, Requirements For Manufacturers of Vehicles Manufactured in Two or More Stages.

To reduce the certification burdens on final stage manufacturers, NHTSA has imposed some regulatory requirements on incomplete vehicle manufacturers. Under 568.4, an incomplete vehicle manufacturer must list by number each standard that applies to its vehicle at the time of manufacture, and make one of the following three statements for each standard:

1. That the vehicle when completed will conform to the standard if no alterations are made in identified components; 2. That if the vehicle is completed under specific conditions of final manufacture set out in the compliance document, it will conform to the standard; or 3. That conformity with the standards is not substantially affected by the incomplete vehicle design, and the incomplete vehicle manufacturer makes no representation as to conformity with the standard. (49 CFR 568.4(a)(7))

I would like to point out one circumstance that may affect your certification as final stage manufacturer and reliance on representations made by the incomplete manufacturer. It is possible that, in the course of your attaching the step-van to the truck chassis, you will change the Gross Vehicle Weight Rating (GVWR) of the vehicle. If this occurs, you much certify that the vehicle complies with all applicable Federal motor vehicle safety standards at this new GVWR. Some of the standards which are likely to be affected by an increase in the GVWR are Standard No. 105, Hydraulic Brake Systems, and Standard No. 120, Tire Selection and Rims for Vehicles Other than Passenger Cars.

With regard to your question about actual field testing, the agency does not require that a manufacturer's certification be based on a specified number of tests, or any tests at all. Instead, we only require that the manufacturer's certification be made with the exercise of due care, as specified in the Safety Act. It is up to the individual manufacturer in the first instance to determine what data, test results, or other information it needs to enable it to certify that its vehicles comply with the safety standards.

I hope the information in this letter is useful. If you have any further questions, please feel free to contact us.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosures ref:567#568 d:5/l3/88

ID: 77-2.26

TYPE: INTERPRETATION-NHTSA

DATE: 05/02/77

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Coach & Equipment

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your March 15, 1977, letter asking whether the head and knee form impact requirements of Standard No. 222, School Bus Passenger Seating and Crash Protection, apply to the stanchion post and cross bars installed in your buses.

School buses with gross vehicle weight ratings of 10,000 pounds or less are not required to have restraining barriers as mandated in S5.2 of the standard for larger buses. Therefore, there is no requirement that you install stanchions, cross bars, or panels in the buses you manufacture. Should you choose to install these devices, they would not be required to be as wide as the seat. Similarly, there would be no requirement pertaining to forward or rearward movement of these devices.

The leg protection zone as defined in S5.3.2 of the standard is measured with reference to seat backs and restraining barriers. Since the devices you mention are not considered as either seat backs or restraining barriers, the leg protection zone requirements do not apply.

The head protection zone requirements, on the other hand, apply to any contactable surface located within the zone defined in S5.3.1 of the standard. Since part of the stanchion to which you refer creates a contactable surface within the head protection zone, it must meet the requirements of the standard specified in S5.3.1.

SINCERELY,

Coach & Equipment Sales Corporation

March 15, 1977

Roger Tilton Counsel National Highway Traffic Safety Administration

Enclosed is a colored print which depicts the head and knee impact zone as we presently understand the standard.

The questions which we feel are pertinent to our problems are as follows:

1. Utilizing a 1" O.D. steel tube section located as shown will both the head and knee impact zone areas require padding to meet the individual pad requirements?

2. Must the stanchion and cross bar be as wide as the seat on each side?

3. For compliance with the standard would a steel (padded) panel be required on each, or either side?

4. Would the stanchion post and cross bar section require any restrictions relating to movement fore and aft?

Perhaps with the mails crossing paths we both will have a better understanding late this week.

I have also enclosed, for your information, our 1976 brochure showing our pre April 1, 1977 production unit.

If we have any further questions we will contact you directly and would much appreciate your doing likewise.

Richard L. Kreutziger Executive Vice President

ID: nht95-4.67

TYPE: INTERPRETATION-NHTSA

DATE: October 26, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Hugh J. Bode, Esq. -- Reminger & Reminger

TITLE: NONE

ATTACHMT: ATTACHED TO 8/21/95 LETTER FROM HUGH J. BODE TO JOHN WOMACK

TEXT: Dear Mr. Bode:

This responds to your letter concerning whether 49 U.S.C. @@ 30101 et seq. (formerly the National Traffic and Motor Vehicle Safety Act) requires a motor vehicle manufacturer to ensure that its vehicle continues to comply with applicable Federal motor veh icle safety standards (FMVSSs) after the first retail purchase of the vehicle.

You specifically ask about FMVSS No. 124, "Accelerator Control Systems," and its application to a 1988 Dodge Ram 50 pickup truck. It appears from the questions you ask that corrosion developed inside the carburetor of the pickup truck at some point duri ng the life of the vehicle, such that the carburetor would not return to idle in accordance with the requirements of Standard No. 124.

You asked us to "confirm the accuracy" of a number of statements. Your first statement, concerning the application of the FMVSSs generally, is as follows:

As we understand it, former @ 108(a) (1) (A) of the National Traffic and Motor Vehicle Safety Act, 49 U.S.C. @ 30112(a), prohibits any person from manufacturing, selling or introducing into commerce any new motor vehicle unless the vehicle is in conformi ty with all applicable FMVSS. However, the Safety Act further provides that the requirement that a vehicle comply with all applicable FMVSS does not apply after the first purchase for purposes other than resale, i.e., the first retail sale of the vehicl e. Safety Act former @ 108 (b) (1), 49 U.S.C. @ 30112 (b) (1). After the first retail sale, the only provision in the Safety Act that affects a vehicle's continuing compliance with an applicable FMVSS is set forth in former @ 108(a) (2) (A), 49 U.S.C. @ 30122(b), which prohibits certain persons from knowingly rendering inoperative a device installed in a motor vehicle in compliance with an applicable FMVSS.

Your general understanding is correct. However, a manufacturer has responsibilities in addition to those in @ 30112, that may bear upon on "continuing compliance" of its vehicle. Under @@ 30118-30122 of our statute, each motor vehicle manufacturer must ensure that its vehicles are free of safety-related defects. If NHTSA or the manufacturer of a vehicle determines that the vehicle contains a safety-related defect, the manufacturer must notify purchasers of the defective vehicle and remedy the problem free of charge.

This is not to say that the development of the corrosion in the carburetor necessarily constitutes a safety-related defect. Rather, we acknowledge the possibility of such a finding in certain circumstances, such as where the corrosion developed unreason ably quickly in the vehicle and the problem was such that it could lead to crashes involving injuries or fatalities.

State law could also be relevant to this issue. For example, as part of its vehicle inspection requirements, a State could require that the accelerator control systems on vehicles "continue to comply" with the requirements of Standard No. 124.

With the above discussion in mind, I will now address your other four questions on Standard No. 124.

Question 1. We ask that NHTSA confirm that FMVSS 124 is a standard that a given vehicle must comply with only at the time of the first retail sale of the vehicle.

As explained in our answer above, your understanding is correct with regard to our requirements (49 U.S.C. @ 30112). There may be State requirements that apply.

Question 2. We ask NHTSA to confirm that if a carburetor installed in a 1988 Dodge Ram 50 pickup truck met all the requirements of FMVSS 124 at the time of the truck's first retail sale, but, after the sale, due to in-service conditions, corrosion develo ped inside the carburetor so the carburetor would not return to idle in accordance with the requirements of S5.1, S5.2, and S5.3 of FMVSS 124, that circumstance would not render the vehicle in violation of FMVSS 124.

Your understanding is essentially correct. As permitted by Federal law, Chrysler sold the truck based upon its own certification of compliance with FMVSS No. 124. That corrosion developed in the system may or may not be relevant with respect to the exi stence of a safety-related defect.

Question 3. We ask NHTSA to confirm that all of the performance standards imposed by FMVSS 124 are contained in S5.1, S5.2 and S5.3 of FMVSS 124 and that S2 headed PURPOSE does not impose any separate regulatory obligation beyond those contained in S5.

While your understanding is essentially correct, note that Standard No. 124 and other motor vehicle safety standards are minimum performance standards.

Question 4. We ask you to confirm that the performance standard set forth in FMVSS 124 does not contain any requirement relating to durability or corrosion resistance.

Standard No. 124 does not specify a test for corrosion resistance. It is unclear what you mean by "durability." The requirements of the standard must be met when the engine "is running under any load condition, and at any ambient temperature between - 4 0 degrees F. and + 125 degrees F. . ." (S5) In addition to the performance regulated by Standard No. 124, each manufacturer must ensure that its motor vehicle does not have a safety-related defect.

If you have any questions about the information provided above, please contact Dorothy Nakama of my staff at this address or at (202) 366-2992.

ID: nht95-7.32

TYPE: INTERPRETATION-NHTSA

DATE: October 26, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Hugh J. Bode, Esq. -- Reminger & Reminger

TITLE: NONE

ATTACHMT: ATTACHED TO 8/21/95 LETTER FROM HUGH J. BODE TO JOHN WOMACK

TEXT: Dear Mr. Bode:

This responds to your letter concerning whether 49 U.S.C. @@ 30101 et seq. (formerly the National Traffic and Motor Vehicle Safety Act) requires a motor vehicle manufacturer to ensure that its vehicle continues to comply with applicable Federal motor vehicle safety standards (FMVSSs) after the first retail purchase of the vehicle.

You specifically ask about FMVSS No. 124, "Accelerator Control Systems," and its application to a 1988 Dodge Ram 50 pickup truck. It appears from the questions you ask that corrosion developed inside the carburetor of the pickup truck at some point during the life of the vehicle, such that the carburetor would not return to idle in accordance with the requirements of Standard No. 124.

You asked us to "confirm the accuracy" of a number of statements. Your first statement, concerning the application of the FMVSSs generally, is as follows:

As we understand it, former @ 108(a) (1) (A) of the National Traffic and Motor Vehicle Safety Act, 49 U.S.C. @ 30112(a), prohibits any person from manufacturing, selling or introducing into commerce any new motor vehicle unless the vehicle is in conformity with all applicable FMVSS. However, the Safety Act further provides that the requirement that a vehicle comply with all applicable FMVSS does not apply after the first purchase for purposes other than resale, i.e., the first retail sale of the vehicle. Safety Act former @ 108 (b) (1), 49 U.S.C. @ 30112 (b) (1). After the first retail sale, the only provision in the Safety Act that affects a vehicle's continuing compliance with an applicable FMVSS is set forth in former @ 108(a) (2) (A), 49 U.S.C. @ 30122(b), which prohibits certain persons from knowingly rendering inoperative a device installed in a motor vehicle in compliance with an applicable FMVSS.

Your general understanding is correct. However, a manufacturer has responsibilities in addition to those in @ 30112, that may bear upon on "continuing compliance" of its vehicle. Under @@ 30118-30122 of our statute, each motor vehicle manufacturer must ensure that its vehicles are free of safety-related defects. If NHTSA or the manufacturer of a vehicle determines that the vehicle contains a safety-related defect, the manufacturer must notify purchasers of the defective vehicle and remedy the problem free of charge.

This is not to say that the development of the corrosion in the carburetor necessarily constitutes a safety-related defect. Rather, we acknowledge the possibility of such a finding in certain circumstances, such as where the corrosion developed unreasonably quickly in the vehicle and the problem was such that it could lead to crashes involving injuries or fatalities.

State law could also be relevant to this issue. For example, as part of its vehicle inspection requirements, a State could require that the accelerator control systems on vehicles "continue to comply" with the requirements of Standard No. 124.

With the above discussion in mind, I will now address your other four questions on Standard No. 124.

Question 1. We ask that NHTSA confirm that FMVSS 124 is a standard that a given vehicle must comply with only at the time of the first retail sale of the vehicle.

As explained in our answer above, your understanding is correct with regard to our requirements (49 U.S.C. @ 30112). There may be State requirements that apply.

Question 2. We ask NHTSA to confirm that if a carburetor installed in a 1988 Dodge Ram 50 pickup truck met all the requirements of FMVSS 124 at the time of the truck's first retail sale, but, after the sale, due to in-service conditions, corrosion developed inside the carburetor so the carburetor would not return to idle in accordance with the requirements of S5.1, S5.2, and S5.3 of FMVSS 124, that circumstance would not render the vehicle in violation of FMVSS 124.

Your understanding is essentially correct. As permitted by Federal law, Chrysler sold the truck based upon its own certification of compliance with FMVSS No. 124. That corrosion developed in the system may or may not be relevant with respect to the existence of a safety-related defect.

Question 3. We ask NHTSA to confirm that all of the performance standards imposed by FMVSS 124 are contained in S5.1, S5.2 and S5.3 of FMVSS 124 and that S2 headed PURPOSE does not impose any separate regulatory obligation beyond those contained in S5.

While your understanding is essentially correct, note that Standard No. 124 and other motor vehicle safety standards are minimum performance standards.

Question 4. We ask you to confirm that the performance standard set forth in FMVSS 124 does not contain any requirement relating to durability or corrosion resistance.

Standard No. 124 does not specify a test for corrosion resistance. It is unclear what you mean by "durability." The requirements of the standard must be met when the engine "is running under any load condition, and at any ambient temperature between - 40 degrees F. and + 125 degrees F. . ." (S5) In addition to the performance regulated by Standard No. 124, each manufacturer must ensure that its motor vehicle does not have a safety-related defect.

If you have any questions about the information provided above, please contact Dorothy Nakama of my staff at this address or at (202) 366-2992.

ID: 11155b

Hugh J. Bode, Esq.
Reminger & Reminger
The 113 St. Clair Building
Cleveland, OH 44114

Dear Mr. Bode:

This responds to your letter concerning whether 49 U.S.C. ''30101 et seq. (formerly the National Traffic and Motor Vehicle Safety Act) requires a motor vehicle manufacturer to ensure that its vehicle continues to comply with applicable Federal motor vehicle safety standards (FMVSSs) after the first retail purchase of the vehicle.

You specifically ask about FMVSS No. 124, "Accelerator Control Systems," and its application to a 1988 Dodge Ram 50 pickup truck. It appears from the questions you ask that corrosion developed inside the carburetor of the pickup truck at some point during the life of the vehicle, such that the carburetor would not return to idle in accordance with the requirements of Standard No. 124.

You asked us to "confirm the accuracy" of a number of statements. Your first statement, concerning the application of the FMVSSs generally, is as follows:

As we understand it, former '108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act, 49 U.S.C. '30112(a), prohibits any person from manufacturing, selling or introducing into commerce any new motor vehicle unless the vehicle is in conformity with all applicable FMVSS. However, the Safety Act further provides that the requirement that a vehicle comply with all applicable FMVSS does not apply after the first purchase for purposes other than resale, i.e., the first retail sale of the vehicle. Safety Act former '108(b)(1), 49 U.S.C. '30112(b)(1). After the first retail sale, the only provision in the Safety Act that affects a vehicle's continuing compliance with an applicable FMVSS is set forth in former '108(a)(2)(A), 49 U.S.C. '30122(b), which prohibits certain persons from knowingly rendering inoperative a device installed in a motor vehicle in compliance with an applicable FMVSS.

Your general understanding is correct. However, a manufacturer has responsibilities in addition to those in '30112, that may bear upon on "continuing compliance" of its vehicle. Under ''30118-30122 of our statute, each motor vehicle manufacturer must ensure that its vehicles are free of safety-related defects. If NHTSA or the manufacturer of a vehicle determines that the vehicle contains a safety-related defect, the manufacturer must notify purchasers of the defective vehicle and remedy the problem free of charge.

This is not to say that the development of the corrosion in the carburetor necessarily constitutes a safety-related defect. Rather, we acknowledge the possibility of such a finding in certain circumstances, such as where the corrosion developed unreasonably quickly in the vehicle and the problem was such that it could lead to crashes involving injuries or fatalities.

State law could also be relevant to this issue. For example, as part of its vehicle inspection requirements, a State could require that the accelerator control systems on vehicles "continue to comply" with the requirements of Standard No. 124.

With the above discussion in mind, I will now address your other four questions on Standard No. 124.

Question 1. We ask that NHTSA confirm that FMVSS 124 is a standard that a given vehicle must comply with only at the time of the first retail sale of the vehicle.

As explained in our answer above, your understanding is correct with regard to our requirements (49 U.S.C. '30112). There may be State requirements that apply.

Question 2. We ask NHTSA to confirm that if a carburetor installed in a 1988 Dodge Ram 50 pickup truck met all the requirements of FMVSS 124 at the time of the truck's first retail sale, but, after the sale, due to in- service conditions, corrosion developed inside the carburetor so the carburetor would not return to idle in accordance with the requirements of S5.1, S5.2, and S5.3 of FMVSS 124, that circumstance would not render the vehicle in violation of FMVSS 124.

Your understanding is essentially correct. As permitted by Federal law, Chrysler sold the truck based upon its own certification of compliance with FMVSS No. 124. That corrosion developed in the system may or may not be relevant with respect to the existence of a safety-related defect.

Question 3. We ask NHTSA to confirm that all of the performance standards imposed by FMVSS 124 are contained in S5.1, S5.2 and S5.3 of FMVSS 124 and that S2 headed PURPOSE does not impose any separate regulatory obligation beyond those contained in S5.

While your understanding is essentially correct, note that Standard No. 124 and other motor vehicle safety standards are minimum performance standards.

Question 4. We ask you to confirm that the performance standard set forth in FMVSS 124 does not contain any requirement relating to durability or corrosion resistance.

Standard No. 124 does not specify a test for corrosion resistance. It is unclear what you mean by "durability." The requirements of the standard must be met when the engine "is running under any load condition, and at any ambient temperature between -40N F. and +125N F. ...." (S5) In addition to the performance regulated by Standard No. 124, each manufacturer must ensure that its motor vehicle does not have a safety-related defect.

If you have any questions about the information provided above, please contact Dorothy Nakama of my staff at this address or at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

ref:VSA#124 d:10/26/95

ID: nht95-6.56

DATE: October 26, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Hugh J. Bode, Esq. -- Reminger & Reminger

TITLE: NONE

ATTACHMT: ATTACHED TO 8/21/95 LETTER FROM HUGH J. BODE TO JOHN WOMACK

TEXT: Dear Mr. Bode:

This responds to your letter concerning whether 49 U.S.C. @@ 30101 et seq. (formerly the National Traffic and Motor Vehicle Safety Act) requires a motor vehicle manufacturer to ensure that its vehicle continues to comply with applicable Federal motor vehicle safety standards (FMVSSs) after the first retail purchase of the vehicle.

You specifically ask about FMVSS No. 124, "Accelerator Control Systems," and its application to a 1988 Dodge Ram 50 pickup truck. It appears from the questions you ask that corrosion developed inside the carburetor of the pickup truck at some point during the life of the vehicle, such that the carburetor would not return to idle in accordance with the requirements of Standard No. 124.

You asked us to "confirm the accuracy" of a number of statements. Your first statement, concerning the application of the FMVSSs generally, is as follows:

As we understand it, former @ 108(a) (1) (A) of the National Traffic and Motor Vehicle Safety Act, 49 U.S.C. @ 30112(a), prohibits any person from manufacturing, selling or introducing into commerce any new motor vehicle unless the vehicle is in conformity with all applicable FMVSS. However, the Safety Act further provides that the requirement that a vehicle comply with all applicable FMVSS does not apply after the first purchase for purposes other than resale, i.e., the first retail sale of the vehicle. Safety Act former @ 108 (b) (1), 49 U.S.C. @ 30112 (b) (1). After the first retail sale, the only provision in the Safety Act that affects a vehicle's continuing compliance with an applicable FMVSS is set forth in former @ 108(a) (2) (A), 49 U.S.C. @ 30122(b), which prohibits certain persons from knowingly rendering inoperative a device installed in a motor vehicle in compliance with an applicable FMVSS.

Your general understanding is correct. However, a manufacturer has responsibilities in addition to those in @ 30112, that may bear upon on "continuing compliance" of its vehicle. Under @@ 30118-30122 of our statute, each motor vehicle manufacturer must ensure that its vehicles are free of safety-related defects. If NHTSA or the manufacturer of a vehicle determines that the vehicle contains a safety-related defect, the manufacturer must notify purchasers of the defective vehicle and remedy the problem free of charge.

This is not to say that the development of the corrosion in the carburetor necessarily constitutes a safety-related defect. Rather, we acknowledge the possibility of such a finding in certain circumstances, such as where the corrosion developed unreasonably quickly in the vehicle and the problem was such that it could lead to crashes involving injuries or fatalities.

State law could also be relevant to this issue. For example, as part of its vehicle inspection requirements, a State could require that the accelerator control systems on vehicles "continue to comply" with the requirements of Standard No. 124.

With the above discussion in mind, I will now address your other four questions on Standard No. 124.

Question 1. We ask that NHTSA confirm that FMVSS 124 is a standard that a given vehicle must comply with only at the time of the first retail sale of the vehicle.

As explained in our answer above, your understanding is correct with regard to our requirements (49 U.S.C. @ 30112). There may be State requirements that apply.

Question 2. We ask NHTSA to confirm that if a carburetor installed in a 1988 Dodge Ram 50 pickup truck met all the requirements of FMVSS 124 at the time of the truck's first retail sale, but, after the sale, due to in-service conditions, corrosion developed inside the carburetor so the carburetor would not return to idle in accordance with the requirements of S5.1, S5.2, and S5.3 of FMVSS 124, that circumstance would not render the vehicle in violation of FMVSS 124.

Your understanding is essentially correct. As permitted by Federal law, Chrysler sold the truck based upon its own certification of compliance with FMVSS No. 124. That corrosion developed in the system may or may not be relevant with respect to the existence of a safety-related defect.

Question 3. We ask NHTSA to confirm that all of the performance standards imposed by FMVSS 124 are contained in S5.1, S5.2 and S5.3 of FMVSS 124 and that S2 headed PURPOSE does not impose any separate regulatory obligation beyond those contained in S5.

While your understanding is essentially correct, note that Standard No. 124 and other motor vehicle safety standards are minimum performance standards.

Question 4. We ask you to confirm that the performance standard set forth in FMVSS 124 does not contain any requirement relating to durability or corrosion resistance.

Standard No. 124 does not specify a test for corrosion resistance. It is unclear what you mean by "durability." The requirements of the standard must be met when the engine "is running under any load condition, and at any ambient temperature between - 40 degrees F. and + 125 degrees F. . ." (S5) In addition to the performance regulated by Standard No. 124, each manufacturer must ensure that its motor vehicle does not have a safety-related defect.

If you have any questions about the information provided above, please contact Dorothy Nakama of my staff at this address or at (202) 366-2992.