Interpretation ID: 1984-3.21

TYPE: INTERPRETATION-NHTSA

DATE: 09/10/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Kazuhiko Ohkochi, Manager, Quality Assurance Dept., Toyoda Gosei Co., Ltd.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Kazuhiko Ohkochi, Manager Quality Assurance Department Toyoda Gosei Co., Ltd. 1550 Northwest Highway, Suite 200 Parkridge, Illinois 60068

This responds to your letter dated February 17, 1984, requesting an interpretation of Federal Motor Vehicle Safety Standard (FMVSS) No. 106, Brake Hoses. In your letter, you asked several questions regarding the construction and labeling of hydraulic brake hoses for use in passenger cars. In a subsequent telephone call to this office, your associate, Mr. Kitayama, informed us that your brake hoses would be used in motorcycles as well as passenger cars.

By way of background information, the National Highway Traffic Safety Administration does not pass approval on the compliance of any vehicle or equipment with a safety standard before the actual events that underlie certification. Under the National Traffic and Motor Vehicle Safety Act, the manufacturer is required to determine whether its vehicles and equipment comply with all applicable safety standards and regulations, and to certify its products in accordance with that determination. Therefore, the following statements only represent the agency's opinion based on the information provided in your letter.

FMVSS No. 106 applies to brake hose, brake hose assemblies, and brake hose and fittings used in passenger cars, multipurpose passenger vehicles, trucks, buses, trailers, and motorcycles. The requirements of the standard are the same regardless of whether your hoses are used in passenger cars or motorcycles.

Your first question asked whether a hydraulic brake hose may be constructed out of nylon. The answer to your question is yes. Nylon may be used to manufacture hydraulic brake hose, as long as the hose can meet the performance requirements of FMVSS No. 106.

Your second question asked whether the standard prohibits labeling hydraulic brake hoses which have inside diameters between 0.110 and 0.118 inches as "1/8." The answer to your question is no. S5.2.2(d) of FMVSSS No. 106 requires that a hose's nominal inside diameter be expressed in inches or fractions of inches.

We note that the constriction requirement for hydraulic brake hoses in section 5.3.1 of Standard No. 106 is, of course, applicable to your hoses. That section states that:

Except for that part of an end fitting which does not contain hose, every inside diameter of any section of a hydraulic brake hose assembly shall be not less than 64 percent of the nominal inside diameter of the brake hose.

Since the standard does not include tolerances for the labeling requirements for hydraulic brake hose, the standard does not prohibit you from labeling your hose "1/8." You should consider, however, how your brake hoses will be used in the industry and determine whether a safety problem might result from labeling your hose "1/8" when in fact they are smaller than 1/8 inch. One safety concern that you should consider is whether the tolerances you selected would result in the problem of mismatched hoses and end fittings. Another safety concern relates to the effect that cold weather has on the flow of fluid through the brake hose. Cold weather may thicken the fluid and restrict the flow through the hose. The thickened fluid and restricted flow through the hose may result in an increase in the time required for the brakes to respond.

Regardless of whether labeling your brake hose "1/8" is regulated by FMVSS No. 106, the National Traffic and Motor Vehicle Safety Act imposes general responsibilities on manufacturers of motor vehicles and motor vehicle equipment regarding safety defects. Under Sections 151 et seq., manufacturers must notify purchasers about safety-related defects and remedy such defects free of charge. Section 109 of the Act imposes a civil penalty of $1,000 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 also the possibility for liability in tort should your products prove to be unsafe in operation.

Sincerely,

Frank Berndt Chief Counsel

February 17, 1984

Office of Crash Avoidance Handling and Stability Div. National Highway Traffic Safety Administration 400 Seventh Street SW. Washington D.C. 20590 U.S.A.

Dear Sirs:

Re. Questionnaire of Hydraulic brake hose for automobiles.

We are a manufacturer of automotive parts including hydraulic brake hose assembly to Toyota Motor Corporation and other Japanese auto makers. Our company name is registered in your file as follows:

I.D. Mark as hydraulic brake hose maker

I.D. Mark as hydraulic brake hose assembler

We have been developing new type of hydraulic brake hose for automobiles shown as attached, and making sales promotions. And regarding such a new type, please let us have the attached information.

We would like to ask you to answer to us by March 15, 1984.

Thank you for your cooperation on this matter.

Very truly yours,

TOYODA GOSEI CO., LTD.

Kazuhiko Ohkochi Manager Quality Assurance Dept. KO/kk Encl. 2. QUESTIONNAIRE

2.1 The above structure shows that a tube is made of Nylon, and meets performance requirements of FMVSS 106. As FMVSS 106 does not stipulate that a tube shall not be made of Nylon, we think that such a Nylon hose is also included among hydraulic brake hose for automobiles. We would like to have your comments on this matter (such a hose can be certified as a hydraulic brake hose).

2.2 If such a Nylon hose is certified, the hose's inside diameter is between 0.110 and 0.118 inch, and a little smaller than 1/8 inch (0.125 inch). We are now scheduled to use the hose as 1/8 inch hose and to subscribe "1/8" to the hose surface. We would like to know as to whether this subscription has any problem.