Washington Administrative Code
Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508)
Chapter 173-901 - Better brakes
Section 173-901-160 - Responsibilities of wholesalers, distributors, installers, and retailers of brake friction materials
Current through Register Vol. 24-06, March 15, 2024
(1) May I sell brake friction material that I have in stock before the effective dates of chapter 70.285 RCW? Yes. Brake friction material manufactured before the effective dates may still be sold for a period of time:
(2) How will I know that the brake friction material I sell is compliant? Brake friction material and its packaging are required to be marked with a certification mark and unique identification code indicating that the brake friction material complies with this chapter. Please refer to WAC 173-901-090, 173-901-100, and SAE J866:2012 for details on the markings. The following table describes which brake friction materials are acceptable for sale and when. Each of the following markings will be the last three digits on the unique code marked on brake friction material:
Brake friction material marked with: |
May be sold until: |
"N" followed by the last two digits of the year of manufacture. |
Brake friction material marked with an "N" meets all of the requirements of this chapter and there are no restrictions on its sale. |
"B" followed by the last two digits of the year of manufacture. |
Brake friction material marked with a "B" meets all of the requirements of this chapter and there are currently no restrictions on its sale. However, future restriction may be put in place. |
"A" followed by the last two digits of the year of manufacture when the year of manufacture is 2012 through 2020. |
Brake friction material marked with an "A" that has a manufacture year of 2012 through 2020 may be sold until 2031. |
"A" followed by the last two digits of the year of manufacture when the year of manufacture is 2021 or later. |
Brake friction materials marked with an "A" that has a manufacture year of 2021 or later, may not be sold or offered for sale in Washington state. |
"WX" or "X" with or without the year of manufacture. |
Brake friction materials marked with a "WX" or "X" are designed for use on exempted vehicles or are otherwise exempted from the requirements of this chapter. It is a violation of this chapter to install these friction materials on nonexempt vehicles or in a manner otherwise prohibited by this chapter. |
Brake friction material that is not marked with an environmental compliance marking or the year of manufacture. |
Unmarked brake friction material manufactured prior to 2015 may be sold for use on any vehicle until 2025. It is a violation of this chapter to sell unmarked brake friction material that is manufactured after 2015 for use on a vehicle that is required to comply with this chapter. Brakes intended for use on certain vehicles, such as motorcycles, are not required to be marked and may be installed regardless of the manufacture date. |
(3) What will happen if I sell a pad that is in violation of this chapter? For a complete description of the enforcement provisions please see WAC 173-901-180. However, if a wholesaler, distributor, installer, or retailer is found to be violating this chapter, the department must issue a warning letter and provide information and assistance to help this person achieve compliance. If they continue to sell brake friction material in violation of this chapter after receiving a warning and assistance, the department may issue penalties.
(4) Is it a violation of this chapter to sell a brake friction material that has been marked in accordance with this chapter, yet is found to contain one of the regulated constituents or copper in amounts exceeding the specified concentrations?
(5) What should I do if I am sold brake friction material that does not comply with the requirements of this chapter? If you are sold brake friction material that is in violation of this chapter, you may not resell it. Report the violation to the department.
(6) If I purchase brake friction material from a brake friction material manufacturer and package it in a new box, what must I do before offering my product for sale in Washington state? You are responsible for ensuring that the brake friction material is registered with an industry-sponsored registrar before reboxing the product.
Statutory Authority: Chapter 70.285 RCW. 12-21-082 (Order 10-17), § 173-901-160, filed 10/19/12, effective 11/19/12.