Interpretation ID: nht72-2.47

DATE: 02/14/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: North Carolina Automotive Wholesalers Association, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of January 19, 1972, concerning brake fluids.

A revised Federal Motor Vehicle Safety Standard No. 116, effective March 1, 1972, was published on March 24, 1971 (36 F.R. 11987), based upon a proposal published on September 30, 1970 (35 F.R. 1522O). I enclose a copy of the proposal and the rule for your information: the preambles to these notices explains the relationships between the DOT and SAE terminology in identification of brake fluid.

In response to your specific questions, brake fluid must conform to Standard No. 116 at the time it is sold to the ultimate purchaser. This means that the manufacturer is responsible for manufacturing fluid that meets Standard No. 116, and the package and retail seller for insuring that the fluid continues to conform until the time of sale.

Brake fluid manufactured before March 1, 1972, may be sold until the supply is exhausted, and no relabeling is necessary.