Interpretation ID: nht87-1.19
TYPE: INTERPRETATION-NHTSA
DATE: 01/14/87
FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA
TO: William Tackett
TITLE: FMVSS INTERPRETATION
TEXT:
Mr. William Tackett 859 South Main Plymouth, MI 48170
Dear Mr. Tackett:
This is to follow-up on your phone conversation of December 1, 1986, with Stephen Oesch of my staff concerning how Standard No. 301, Fuel System Integrity, affects the installation of trailer hitches on cars. I hope the following discussion answers your questions.
Standard No. 301 sets performance requirements to reduce fuel system spillage in a crash. If a trailer hitch is installed on a new-car prior to the car being first sold to a consumer, the person installing the trailer hitch would be considered a vehicle alterer under our certification regulation (49 CFR Part 567), a copy of which is enclosed, Under Part 567.7, a vehicle alterer is required to certify that the vehicle, as altered, still conforms with all applicable safety standards.
The installation of a trailer hitch on a used car would be affected by section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act. Section 108(a)(2)(A) provides that:
No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an appli cable Federal motor vehicle safety standard . . . .
Thus, in installing trailer hitches on a used car, a commercial business must ensure that it has not knowingly compromised the integrity of the fuel system.
In addition, a manufacturer of motor vehicle equipment, such as a trailer hitch, is subject to the requirements in sections 151-159 of the Vehicle Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. I hav e enclosed an information sheet which briefly describes how our defect regulations affect equipment manufacturers.
If you have any further questions, please let me know.
Sincerely,
Erika Z. Jones Chief Counsel
Enclosures