Interpretation ID: 1984-3.26

TYPE: INTERPRETATION-NHTSA

DATE: 09/13/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: R.S. Anson -- Managing Director, Anson Plastics Limited

TITLE: FMVSS INTERPRETATION

TEXT: Mr. R. S. Anson Managing Director Anson Plastics Limited Brunleys, Kiln Farm Milton Keynes MK11 3EN England

Dear Mr. Anson: This responds to your July 27, 1984, letter to Mr. George Parker of the National Highway Traffic Safety Administration (NHTSA) concerning Federal Motor Vehicle Safety Standard (FMVSS) No. 106, Brake Hoses. Your letter was referred to this office for reply.

You asked whether your nylon tubing brake hoses may be sold to vehicle manufacturers in the United States if the tubing met the requirements of Standard No. 106, but did not conform to the requirements of any SAE Standard, viz. , SAE J844, "Nonmetallic Air Brake System Tubing." The answer to your question is yes.

Under Section 108(a) (1) (A) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1391 et seq.) manufacturers are prohibited from selling or importing into the United States new motor vehicles or motor vehicle equipment manufactured on or after the effective date of any applicable Federal Motor Vehicle Safety Standard which did not conform with such Standard (15 U.S.C. 1397). If your brake hoses comply with the requirements of Federal Motor Vehicle Safety Standard No. 106, they may be sold in this country.

Paragraph S4 of Standard No. 106 defines a "brake hose" as:

a flexible conduit, other than a vacuum tubing connector, manufactured for use in a brake system to transmit or contain the fluid pressure or vacuum used to apply force to a vehicle's brakes.

We wish to emphasize that flexible conduits manufactured out of nylon tubing that transmit or contain the pressure or vacuum used to apply force to a vehicle's brakes are "brake hoses." Your nylon tubing air brake hoses are thus required to meet all applicable requirements of the standard. These requirements are extensive and include tests relating to high and low temperature resistance, oil and ozone resistance, length change, air pressure, burst strength, tensile strength, water absorption and tensile strength, zinc cloride resistance, and end fitting corrosion resistance.

Your hose need not be tested to requirements that are obviously inapplicable.

For example, the adhesion test is not applicable because there are no layers in the hose's construction which could fail to adhere.

By way of background information, 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 imposes a civil penalty of up to $1,000 upon any person who fails to provide notification of or remedy for a defect in motor vehicles or motor vehicle equipment.

We are enclosing a copy of FMVSS No. 106, as of this date. For your convenience, we are also enclosing an information sheet entitled "Where to Obtain Motor Vehicle Safety Standards and Regulations."

Finally, in your letter you indicated that Title 49 of the Federal Motor Carrier Safety Regulations, Chapter III, specifies requirements for brake tubing designed for use between a towed and towing vehicle. You inquired into the requirements of the Bureau of Motor Carrier Safety for brake tubing used in other applications. We have forwarded your letter to that agency for their reply.

Sincerely,

Frank Berndt Chief Counsel Enclosures