Interpretation ID: nht76-2.32

DATE: 07/23/76

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: R. H. Willcox, Esq.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of June 16, 1976, asking several questions with respect to the applicability of 15 USC 1397(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act and Federal Motor Vehicle Safety Standard No. 108 (49 CFR 571.108) to a product manufactured by your client, the W.B. Marvin Manufacturing Company. This product is "a screen which fits on the front part of the automobile and protects the radiator, headlamps and other lower parts of the car" from bugs.

W.B. Marvin would not be in violation of either the Act or Standard No. 108 by manufacturing and selling these screens. Such liability as may exist centers on the installation of them. Standard No. 108 establishes requirements for lighting equipment on new motor vehicles, and for replacement equipment. One of the requirements of SAE Standard J580a, Sealed Beam Headlamp, June 1966, incorporated by reference in Standard No. 108, is that "a headlamp, when in use, shall not have any styling or other feature, such as a glass cover or grille in front of the lens." Since the screen is positioned in front of the headlamps it would be an "other feature" of the type intended to be prohibited by the standard if, as appears likely, it affects compliance with headlamp photometrics (SAE Standard J579) or headlamp aim (SAE Standard J580). If installation results in a noncompliance, the screen could not, therefore, be legally installed by a vehicle manufacturer, distributor, or dealer as original equipment on a motor vehicle.

As for replacement equipment, under Section 1397 (a)(2)(A) of the Act an automobile owner may himself modify his vehicle in any manner he chooses, but modifications performed at his request by others may not "render inoperative in whole or part, any device or element of design installed on . . . a motor vehicle . . . in compliance with an applicable Federal motor vehicle safety standard." If installation of the screen affects compliance with headlamp photometrics or other requirements, then it would appear to "render inoperative" a lighting device installed in accordance with a Federal motor vehicle safety standard, within the meaning of Section 1397(a)(2)(A). Installation by the auto service center of the retailer would therefore be prohibited, since such a facility is deemed a "motor vehicle repair business."

There are no Federal motor vehicle safety standards that directly apply to the screen as an item of motor vehicle equipment, nor do I know of any other Federal regulation affecting it.

I hope this letter is responsive to your questions.

YOURS TRULY,

CHESTER, HOFFMAN, PARK, WILLCOX & ROSE June 16, 1976

National Highway Traffic Safety Administration

Attention: Frank Berndt Acting Chief Counsel

Re: W. B. Marvin Manufacturing Co.

Our firm represents The W. B. Marvin Manufacturing Co. of Urbana, Ohio. They have contacted us concerning a product they wish to manufacture for use on automobiles which may involve the application of the Federal Motor Vehicle Safety Standards, particularly Standard 108 relating to headlamps. I personally have talked with Mr. Vinson of your office concerning the problem and he has advised me to write to you requesting an opinion concerning this situation. There is also a question as to the applicability of Section 108 of the National Traffic and Motor Vehicles Safety Act as amended in 1974.

The residents of south Florida have been bothered for years by the "lovebug" problem. These bugs appear in large numbers and accumulate on the headlamps and windshields and other parts of the cars driven on the south Florida highways. The W. B. Marvin Manufacturing Co. has designed a screen which fits on the front part of the automobile and protects the radiator, headlamps and other lower parts of the car from these bugs. At the same time, it is designed to direct the air flow in such a fashion that the bugs are diverted over the windshield so that they do not have an opportunity to come in contact with the windshield at all. This screen has been tested in Florida and had proved to be very successful. Pictures of the screen are enclosed for your information. The screen is designed for easy installation and removal. Tubes are attached to the front bumper of the car. The screen is attached to the car by sliding tubes affixed to the screen into the tubes affixed to the front bumper. Because of this design, the screen can be assembled relatively simply by the car owner or any auto service center. The car owner by himself may then mount the screen on the front of the car or remove it as required.

Without the screen, the bugs are plastered against the headlamps, thus affecting the amount of light coming from the headlamps. With the screen, the bugs will be on the screen, which is easily cleaned, rather than the headlamps. However, there is no question that when installed the screen will reduce the amount of light produced by the headlamps on to the roadway and this raises the question as to the applicability of the Federal Motor Vehicle Safety Standards and Section 108 of the National Traffic and Motor Vehicle Safety Act.

It is W. B. Marvin Manufacturing Company's intention to manufacture this screen and sell it to a retailer such as Sears Roebuck & Co. The retailer would sell the screen directly to the car owner who could either install it himself or have it installed at the retailer's auto service center.

Our client is ready to manufacture this screen and sell it to a retailer or retailers as described above. However, we do not want to advise them to proceed if the manufacturing of the screen or the manner in which the screen is sold and installed in any way violates any applicable Federal laws, rules or regulations. We are therefore requesting your opinion as to the applicability of the Federal Motor Vehicle Safety Standards and Section 108 of the National Traffic and Motor Vehicle Safety Act to the manufacture, sale and installation of this screen. In this regard, we raise the following questions: 1. Do the Federal Motor Vehicle Safety Standards and in particular, Standard 108, apply to this screen as manufactured by The W. B. Marvin Manufacturing Co.?

2. By manufacturing and selling the screen described above, is The W. B. Marvin Manufacturing Co. in violation of the Federal Motor Vehicle Safety Standards and in particular Standard 108?

3. By manufacturing and selling the screen as described above, is The W. B. Marvin Manufacturing Co. in violation of Section 108, Subparagraphs A (1) and A (2) of the National Traffic and Motor Vehicle Safety Act as amended in 1974?

4. Is there any violation of the Federal Motor Vehicle Safety Standards or Section 108 of the National Traffic and Motor Vehicle Safety Act if the screen in question is manufactured by W. B. Marvin Manufacturing Co., sold by them to a retailer such as Sears Roebuck & Co. and sold by the retailer to the automobile owner who installs the screen himself?

5. If the car owner purchases the screen from a retailer and has the screen installed at the retailer's auto service center, is the retailer and/or the manufacturer in violation of Section 108, Subparagraphs A (1) and A (2) of the National Traffic and Motor Vehicle Safety Act as amended in 1974?

6. Does the auto service center of the retailer constitute a "motor vehicle repair business" as used in Section 108, Subparagraphs A (2) (a) of the National Traffic and Motor Vehicle Safety Act?

7. Does the manufacturing, sale and installation of the screen in question come within the meaning of the phrase "render inoperative" as that phrase is used in Section 108, Subparagraph A (2) (a) of the National Traffic and Motor Vehicle Safety Act?

8. To your knowledge, are there any other Federal statutes or regulations which would prevent the manufacturing and sale of this screen?

As indicated before without the use of the screen the bugs will be plastered against the headlamps and windshield of the vehicle, thus affecting the visibility of the driver. With the screen, the bugs will be contained on the screen from which they can be easily removed and will be diverted over the windshield. In view of this, it does not appear to us that the use of the bug screen renders the vehicle less safe than without the screen. Therefore, if it is your opinion that Section 108 of the National Traffic and Motor Vehicle Safety Act is applicable to this situation, we hereby request that you exempt the manufacturer and the retailer from the application of Section 108.

If you need additional information, please call the undersigned and I will provide you with what you need if possible. Thank you for your consideration of this problem.

Roderick H. Willcox

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