Interpretation ID: 1984-1.41

TYPE: INTERPRETATION-NHTSA

DATE: 04/19/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Dotech Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

Herbert T. Thrower, Jr., P.E. President Dotech, Inc. 306 Clanton Road Charlotte, North Carolina 28210

Dear Mr. Thrower:

This is in response to your letter of February 14, 1984, to Mr. Vinson of my staff asking "is there any reluctance on the part of NHTSA to make a patented device a legal option under Federal Motor Vehicle Safety Standard No. 108?"

At present, Standard No. 108 mandates specific items of lighting equipment not optional ones (though "options" as to matters such as size and shape exist among headlamps which are required items). Instead, NHTSA points out that, pursuant to S4.1.3 optional lighting devices (proprietary or not) are allowable, provided that they do not impair the effectiveness of the lighting equipment the standard requires. When proprietary rights are involved in mandated lighting equipment, manufacturers have been willing to waive their rights.

You have also said that you "presume that other patented automotive devices also must have DOT approval before their optional public use is permissible." I don't know what you have in mind, but under the National Traffic and Motor Vehicle Safety Act, no "approval" by DOT is necessary to market "optional" motor vehicle equipment of any sort. Such equipment is subject only to the general requirement that its installation must not affect the compliance of the vehicle with any Federal motor vehicle safety standard.

If you have further questions, please let us know.

Sincerely,

Original Signed By

Frank Berndt Chief Counsel

February 14, 1984

Mr. Taylor Vinson Office of Chief Counsel National Highway Traffic Safety Admin. Washington, D. C. 20590

Dear Mr. Vinson.

Is there any reluctance on the part of NHTSA to make a patented device a legal option under Federal Motor Vehicle Lighting Code 108?

As you know, the U.S. Food and Drug Administration permit use of various patented drugs for optional public use.

I also presume that other patented automotive devices also must have DOT approval before their optional public use is permissible.

Thank you in advance for your comments.

Very truly yours, Dotech, Inc.

Herbert T. Thrower, Jr., P.E. President

HTT,jr/jhc