Interpretation ID: 1985-03.48

TYPE: INTERPRETATION-NHTSA

DATE: 09/25/85

FROM: Jerome J. Abt -- Trim-Line of West Wisconsin

TO: Taylor Vinson -- NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 11/12/86 FROM ERIKA Z. JONES -- NHTSA TO JEROME J. ABT

TEXT: Dear Mr. Vinson;

I am writing in regard to the new Federal regulation requiring stop-lamps on all new cars. My business is the sale and installation of aftermarket auto trim and accesories to new and used car dealers. One of our most popular items in recent years has been flush mount luggage racks on the trunk lids of sedans. Because they are very low profile, these racks do not obstruct the the stop-lamps.

My problem is this: several of my best customers for this product are concerned that by installing these racks on the 1986 models, we might be encouraging someone to use them to carry a piece of luggage. It's our feeling that this is a trim item, but the fact is that someone could use it. These particular dealers have refused to buy anymore of these racks from me until we can determine if we are opening ourselves up to some kind of liability, should the stop-lamp be obstructed by luggage placed on this rack and a rear-end collision occur.

Now, we realize that the possibility may be remote of such a problem, but none the less, we feel the concern is legitimate considering the litigation-crazy world we live in. We need to know if, legally, we could be held responsible for any such problems.

I would very much appreciate any insight you can give me on this matter. This item represents a substantial part of our sales and we need to know where we stand so that we can make an adjustment if needed, as soon as possible.

Thank You Very Much For Your Help,