Interpretation ID: 86-1.32

TYPE: INTERPRETATION-NHTSA

DATE: 02/12/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Jack H. McDaniel, Jr. -- President, Trim Plus

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Jack H. McDaniel, Jr. President Trim Plus P.O. Box 490811 Fort Lauderdale, Florida 33349

This is in reply to your letters of November 18, 1985, and January 9, 1986, to the former Chief Counsel of this agency, Jeffrey Miller, asking questions about the relationship of the center high-mounted stop lamp provisions of Motor Vehicle Safety Standard No. 108 to the installation of deck-mounted luggage racks.

You have stated that you install accessories on new motor vehicles before their delivery by their dealers. You have asked whether deck-mounted racks that have cross bars violate the safety standards? It is not possible to give a definitive answer. When a passenger car leaves the factory, its center high-mounted stop lamp must meet certain specified minimum design photometrics at certain test points, and be installed so that it has a signal visible to the rear through a horizontal angle from 45 degrees to the left to 45 degrees to the right of the longitudinal axis of the vehicle. It must continue to meet these requirements at the time of delivery to the first purchaser, even if a deck rack has been installed. If the rack prevents the lamp from meeting its photometric output at any test point, the standard does allow a supplementary center high-mounted stop lamp to be added, provided that it meets all applicable photometrics. If no such lamp is added, and the rack affects the photometric compliance of the lamp, we would view the installer (if a manufacturer, distributor, dealer of motor vehicles or motor vehicle equipment, or a motor vehicle repair business) as a possible violator of 15 U.S.C. 1397(a)(2)(A) which forbids those commercial entities from rendering partially inoperative equipment that is installed in accordance with a Federal safety standard.

You have also asked whether a deck-mounted rack loaded with luggage would cause a violation. The answer is no; compliance with Standard No. 108 is determined without luggage in place, even if the lamp would be blocked when the rack is in use.

I hope that this answers your questions.

Sincerely, Erika Z. Jones

Chief Counsel

January 9, 1986

Mr. Jeffrey R. Miller Chief Councel U. S. Department of Transportation National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington, D.C. 20590

Dear Mr. Miller:

Mine is a company specializing in the sales and installation of automotive trim accessories with a clientele essentially being the franchised dealers of new American made automobiles.

Recently there has been some confusion among myself customers, and colleagues regarding one of the new motor vehicle safety standards which, I understand, is number 108 involving the center high-mounted stop lamp. Since one of the specialties of my company is the installation of rear deck-mounted luggage racks on new cars, I was wondering if you would give me some information as to how the new safety standards might infect this. Here is what I am particularly concerned about.

1. Would installing a rear deck-mounted luggage rack that has a cross bar on a 1986 automobile for a dealer cause a violation of the center high-mounted stop lamp provision of the new safety standard?

2. It seems to me that on most cars a deck-mounted luggage rack can be positioned so that the center high- mounted stop lamp can still be clearly seen from the rear. Are there any provisions of the new safety standards that I should know about that would help insure prevention a violation?

3. Would a deck-mounted rack loaded with luggage cause a violation?

Mr. Miller, this does make the second of my requests to your department for this information that I have yet to receive. I know how busy you department must be, but please let me hear from you at your earliest convenience. I shall await your reply with great interest, as it will make considerable difference in my sales and operation.

Respectfully, Jack McDaniel, President

November 18, 1985

Mr. Jefferey R. Miller Chief Counsel U.S. Department of Transportation National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington, D.C. 20590

Dear Mr. Miller:

Ours is a company specializing in the installation of automotive trim accessories. Most of our services are to the franchised dealers of the major automobile makers, installing accessories on their pre-delivered cars.

Recently there has been some confusion among myself and colleagues regarding the new safety standards for 1986 vehicles concerning the center high-mounted stop lamps which, I have been told, is Motor Vehicle Safety Standard No. 108. Since some of my orders are for installing deck-mounted luggage racks with cross bars on 1986 vehicles, I wonder if you could give me some information about how the new safety standards might affect this. I will list the things I am particularly concerned about.

1. Will deck-mounted racks that have cross bars violate the new safety standards? It seems to me that many racks can be mounted and positioned so that the high-mounted stop lamp is still clearly visible from the rear. How can we determine if one would cause a violation?

2. Would a deck-mounted rack loaded with luggage cause a violation?

I shall await your answers with great interest, Mr. Miller. Many thanks for any information you can give me. May I please here from you as soon as possible?

Respectfully,

Jack H. McDaniel, Jr. President