Interpretation ID: nht92-2.43

DATE: 11/07/92

FROM: JORDAN J. POKRINCHAK -- PRESIDENT, JORDAN RESEARCH CORPORATION

TO: PAUL JACKSON RICE -- CHIEF COUNCIL D.O.T.

ATTACHMT: ATTACHED TO LETTER DATED 12-4-92 FROM STEPHEN P. WOOD TO JORDON J. POKRINCHAK (A40; STD. 108); ALSO ATTACHED TO NHTSA LETTER OF 3-26-92 TO CHARLES W. O'CONNOR

TEXT: I am writing to you in regard to your recent decision to approve electronic brake controls made by Tekonsha Engineering Company in relation to stop lamp operation when braking with a trailer in tow.

I would cite Section 393.25 Paragraph (F) "Stop Lamp Operation," of Code of Federal Regulations Volume 49 (Transportation Parts 400 to 999) Revised as of October 1, 1989, for the basis of my concern as to the operation of the stop lamps when applying the trailer brakes in an emergency condition.

I believe this section of the code is quite specific when dealing with the actuation of the trailer stop lamps, either manually or automatically, and has nothing to do with the installation of controllers in regard to rendering the stop lamps inoperative in whole or in part within the meaning of Section 1397 (a) (2) (A) of 15 U.S.C. which you have cited in rendering your decision.

I also believe that in all laws and regulations, there is the letter of the law, and the intent of the law which must be considered when rendering such an important decision as you have on Tekonsha Brake Controls and its effect on the general driving public.

Tekonsha Engineering has had problems with the operation of their brake controls for some time. One way of alleviating the problem was to remove the wire that activated the control through the tow vehicle stop-light switch and which in turn operated the stop lamps on the trailer being towed. By eliminating this feature of activating the trailer stop lamps in the manual mode, they have placed the operator of the vehicle towing the trailer at risk for a rear end collision. While he (the operator) may have knowingly rendered the stop lamps on the towed vehicle inoperative for the duration of such activation of the hand control (manual mode) as stated in your decision, the driver behind the trailer has not been given any warning that the brakes on the trailer are being applied.

Tekonsha Engineering has cited your decision in regard to Section 1397 (a) (2) (A) with all due pomp and circumstance, but has failed to comply with common sense in regard to avoiding accidents. You have in effect given them the "green light" to produce their "Voyager" and "Commander" brake controls without regard to driver safety.

I believe you should reconsider all the facts in rendering your decision on the basis of driver safety and not some regulation that Tekonsha Engineering is using out of context. We do, Gentlemen, look to you for decisions that will protect lives on our highways.

You have it within your power to require Tekonsha Engineering to comply with regulations pertaining to the operation of trailer stop lamps by simply requiring that they (Tekonsha Engineering) add the wire or connection to their controls that would activate the trailer stop lamps in the manual mode. After all, they are the only manufacturer of trailer brake controls that do not activate the trailer stop lamps in the manual mode and are using you to help market a potentially dangerous product.