Interpretation ID: 2670o

Mr. Jan Peter Kryger
Vice President, Sales and Marketing
Quickwheel, Inc.
P.O. Box 39l
Cos Cob, Connecticut 06830

Dear Mr. Kryger:

This responds to your letter asking whether any Federal safety standards apply to your product called "Quickwheel" and whether you need approval from the Department of Transportation to market the product. You indicated that Quickwheel is similar to a roller skate and can be placed under a flat tire in a few seconds, enabling the driver to go on to a service station. You stated that the device has three little wheels and has been "thoroughly tested" in Germany.

The National Traffic and Motor Vehicle Safety Act (Safety Act) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue safety standards for new motor vehicles and new motor vehicle equipment. All motor vehicles and items of motor vehicle equipment manufactured or imported for sale in the United States must comply with all applicable safety standards. NHTSA does not provide approvals of motor vehicles or equipment. The Safety Act places the responsibility on the manufacturer to ensure that its vehicles or equipment comply with applicable requirements. The following represents our opinion based on the facts provided in your letter.

NHTSA does not have any safety standards covering a roller-skate-like device intended to be placed under a flat tire in order to enable the driver to continue driving. However, should a safety-related defect be discovered in your device, whether by the agency or yourself, you as the manufacturer would be required by the Safety Act to notify purchasers and provide a remedy for the defect.

While no Federal motor vehicle safety standards apply to Quickwheel, we note that the performance of the device is relevant to safety in many of the same respects as tires, which are covered by safety standards. Given this potential safety significance, we urge you to carefully review whether the testing conducted in Germany covered the full range of real-world driving conditions and experiences that may be encountered by Quickwheel, and if not, to conduct such additional testing and/or analysis as may be necessary to ensure that the product will perform in a safe manner.

You also asked for an explanation of the Code of Federal Regulations. You will find such an explanation on the last page of an enclosed information sheet entitled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment." You may also find other parts of the information sheet to be of interest.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosure

ref:571 d:2/ll/88