Interpretation ID: 1984-1.42

TYPE: INTERPRETATION-NHTSA

DATE: 04/19/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Leslie R. Ablondi

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Leslie R. Ablondi Pleasant Valley Corporate Center Suite 800 2024 Arkansas Valley Drive Little Rock, Arkansas 7221 2-4237

Dear Mr. Ablondi:

This responds to your March 16, 1984 letter regarding the applicability of Federal Motor Vehicle Safety Standard (FMVSS) 111 to an aftermarket rearview mirror which one of your clients proposes to market. This mirror would be attached to the original equipment inside mirror stalk in such a way that the view through the OEM mirror is unimpaired. Your client's mirror would permit the driver to view children in the rear seat of the vehicle.

FMVSS 111 ( see 49 C.F.R. 571.111, copy enclosed) is directly applicable to new motor vehicles only. However, that standard may apply indirectly to aftermarket mirrors through the operation of 15 U.S.C. 1397(a)(2)(A). The latter provision prohibits any motor vehicle manufacturer, distributor, dealer, or repair business from rendering inoperative any "device or element of design installed on or in a motor vehicle...in compliance with an applicable Federal motor vehicle safety standard...." Thus, the installation of a replacement or even a supplemental rearview mirror in a motor vehicle could be unlawful if that installation resulted in a mirror system which did not comply with the requirements of FMVSS 111.

Based on your description of your client's mirror, it does not appear that the aftermarket installation of that mirror would be prohibited under 15 U.S.C. 1397(a)(2)(A), since the operation of the OEM mirror system is unaffected by the addition of the aftermarket mirror.

If you have any further questions on this matter, please contact us.

Sincerely,

Original Signed By

Frank Berndt Chief Counsel

Enclosure

March 16, 1984

Mr. Roger Fairchild, Legal Counsel National Highway Traffic Safety Administration U.S. Dept. of Transportation 400 7th Street SW Washington D.C. 20509

RE: Federal Motor Vehicle Safety Standard No.

Mr. Fairchild,

By this letter I am requesting a formal opinion as regards to an after market mirror which a client proposes to market. The mirror will attach to the OEM mirror stalk in the center of the windshield and will enable a driver to view children in the rear seat without turning their head. The mirror does not in any way restrict or interfere with the view of the OEM mirror.

In checking with the Dept. of Transportation Rule Making Division, I spoke with a Mr. Kevin Cavey, who advised me the applicable federal standard was Number 111. At that time I requested that Mr. Cavey send me a copy of the standard. To date I have not received any correspondence from Mr. Cavey or anyone else. As Mr. Cavey explained it there are no federal safety standards which relate to aftermarket mirrors being attached to automobiles.

My question is, "are there any restrictions which would prohibit the production, distribution and sale of the proposed mirror?"

If you have available to you would you please send a copy of standard number 111 and any others which are applicable to this case.

Thank you very much for your time and consideration in this matter, I shall await your reply. Should you require further information or have questions that I may answer, please do not hesitate to contact me.

Sincerely Yours,

Leslie R. Ablondi c: files d/38/fairchil