Interpretation ID: aiam1167
Baruch Manufacturing Co.
Box 385
Linden
New Jersey 07038;
Dear Mr. Watts: This is in response to your request of June 9, 1973, for informatio concerning Standard 125, Warning devices. You inquire about the sale and use of non-conforming devices manufactured both before and after January 1, 1973, the preemption effect of this standard on State laws, use of an NHTSA recommendation in promotional literature, and the availability and content of Docket 4-2.; The Vehicle Safety Act prohibits the manufacture of non-conformin devices on or after the effective date of Standard 125. This means a device manufactured before the effective date of January 1, 1974, may still be legally offered for sale after that date. Any non-conforming devices manufactured after January 1, 1974, would be subject to a penalty of up to $1,000 per device. In addition, the NHTSA could (1) seek an injunction to restrain further manufacture and sale, (2) order defect notification, and (3) recommend a recall campaign of those devices already sold.; The NHTSA takes no position on the issue of product liability i private litigation stemming from the use of 'old style' devices or conforming devices, and the NHTSA is not in a position to indicate to you the point of view of private insurance companies.; This standard preempts State law by establishing one set o requirements for warning devices without a self-contained energy source, and prohibiting any State standard that is not identical to the Federal one. It is unlikely that these devices could be prohibited in local use because no alternative can be legally manufactured after January 1, 1974.; The NHTSA does not recommend any particular product subject to th motor vehicle safety standard. To state or imply NHTSA approval of a particular device or recommendation of its use as motor vehicle standard equipment would be a misrepresentation. Each manufacturer must mark a warning device with the DOT symbol or the statement that the device complies with all applicable Federal motor vehicle safety standards (S5.1.4(c)).; Docket 4-2 is open to public inspection without any notice o application requirements between 8:00 a.m. and 5:00 p.m. (4:15 p.m. from now until July 9, 1973). It does not contain comprehensive material on State regulations. The Highway Users Federation for Safety and Mobility, 1776 Massachusetts Avenue, N.W., Washington, D.C. 20036, should be able to supply you with this information. Yours truly, Richard B. Dyson, Assistant Chief Counsel;