Interpretation ID: 1985-04.7

TYPE: INTERPRETATION-NHTSA

DATE: 10/27/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Lawrence F. Henneberger, Esq. -- Arent, Fox, Kintner, Platkin and Kahn

TITLE: FMVSS INTERPRETATION

TEXT:

Lawrence F. Henneberger, Esq. Arent, Fox, Kintner, Plotkin & Kahn Washington Square 1050 Connecticut Avenue, N.W. Washington, D.C. 20036-5339

Thank you for your letter of September 16, 1985, concerning the applicability of the requirement in Federal Motor Vehicle Safety Standard No. 108 for the installation of center high-mounted stop lamps (CHMSL's) to passenger cars manufactured before September 1, 1985. You also asked about the applicability of the CHMSL performance requirements to CHMSL's sold as aftermarket equipment for cars manufactured before that date. I hope the following discussion answers your questions.

You are correct in stating that there is no requirement in Standard No. 108 for installing CHMSL's on new cars manufactured before September 1, 1985. The installation requirement applies only to cars manufactured on or after that date. (48 FR 48235, October 13, 1984.) The only requirements regarding CHMSL's and pre-September 1, 1985 cars are that if a manufacturer voluntarily installs a CHMSL on a car manufactured on or after August 1, 1984, and before September 1, 1985, the installation must be performed in accordance with criteria concerning the location of the CHMSL, and reflections from it. (49 FR 34488, August 31, 1984.)

As to aftermarket CHMSL's for cars manufactured before September 1, 1985, the applicability depends on whether or not the CHMSL is intended to be installed as a replacement for an original equipment CHMSL that was voluntarily installed on a car that was manufactured on or after August 1, 1984, but before September 1, 1985. If the aftermarket CHMSL is intended to be installed in the interior of such a car, then the manufacturer of the CHMSL must comply with the requirement in S3.1.8.4 concerning minimization of reflections. If the CHMSL is intended to be installed on other pre-September 1, 1985 cars, its manufacturer is not subject to any Standard No. 108 requirements for CHMSL's. However, the agency encourages manufacturers of any aftermarket CHMSL to conform as closely as possible to all criteria in the standard for original equipment CHMSL's. We believe that standardization of rear signals minimizes the possibility of creating confusion to following drivers in situations where immediate action is essential to avoid a rear end collision. Further, aftermarket CHMSL's for those other pre-September 1, 1985 cars would be regulated by the applicable law of the State in which they are operated.

I hope this information is of assistance to you. If you have further questions, please let me know.

Sincerely, Jeffrey R. Miller Chief Counsel (202) 857-6087

September 16, 1985 Jeffrey R. Miller, Esquire Chief Counsel National Highway Traffic Safety Administration 400 Seventh Street, S.W., Room 5219 Washington, D.C. 20590 Re: Request for Interpretation; FMVSS 108

Dear Mr. Miller:

As we discussed by telephone, I am requesting that you confirm that Federal Motor Vehicle Safety Standard 108, as it relates to the requirement for installation of a single center, high-mounted stoplamp on passenger cars, does not apply to passenger cars manufactured prior to September 1, 1985, and therefore does not apply to aftermarket center high-mounted stoplamps produced for applications on passenger cars manufactured prior to September 1, 1985.

An expedited response will be very much appreciated.

Sincerely, Lawrence F. Henneberger