Interpretation ID: nht76-2.44

DATE: 02/26/76

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: H. A. Heffron, Esq.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of February 13, 1976, asking for a confirmation of your understanding that Motor Vehicle Safety Standard No. 108 does not apply to lighting equipment intended as replacement equipment on motor vehicles manufactured before January 1, 1972.

You are correct in your interpretation. The effective date of Standard No. 108 in its current form is January 1, 1972. Therefore, the term "any vehicle to which this standard applies" contained in S4.7.1 means a motor vehicle manufactured on or after January 1, 1972, and school bus signal lamps intended as replacements for similar lamps on pre-1972 buses are not required to conform to Standard No. 108. This also means, of course, that the manufacturer has no obligation to certify conformance to all applicable Federal motor vehicle safety standards. As motor vehicle equipment, however, its manufacturer would be subject to the notification and remedy provisions of the National Traffic and Motor Vehicle Safety Act in the event of the determination of a safety related defect.

Yours truly,

ATTACH.

February 13, 1976

Office of the Chief Counsel -- National Highway Traffic Safety Administration

Dear Sir:

This inquiry concerns the applicability of MVSS 108 to school bus replacement lighting equipment.

MVSS 108 provides with respect to replacement equipment as follows: (S4.7.1)

"Each lamp, reflective device, or item of associated equipment manufactured to replace any lamp, reflective device, or item of associated equipment on any vehicle to which this standard applies, shall be designed to conform with this standard."

I note that as originally issued the amendment to MVSS 108 which extended its applicability to requirements for replacement lighting equipment was to be effective on July 1, 1971 (35 Fed. Reg. 16840) and this effective date was subsequently changed to January 1, 1972. (36 Fed. Reg. 1896)

My specific question is with respect to school buses manufactured prior to January 1, 1972. As I read MVSS 108, its requirements do not apply to replacement equipment for these older vehicles manufactured prior to January 1972 and, therefore, replacement lighting equipment for such pre-1972 school buses, including replacements for the signal lamp required of school buses in S4.1.4, are not required to conform to MVSS 108.

Would you please advise whether any understanding of the applicability of MVSS 108 is correct.

Very truly yours,

Howard A. Heffron