Interpretation ID: nht87-1.71

TYPE: INTERPRETATION-NHTSA

DATE: 04/27/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Charles Schamblin -- Flag-It Fluorescent Signaling Device Co.

TITLE: FMVSS INTERPRETATION

TEXT: Charles Schamblin Flag-It Fluorescent Signaling Device Co. Post Office Box 1709 Bakersfield, CA 93302

Your letter of December 29, 1986, to Michael M. Finkelstein has been referred to my Office for reply. You also addressed a letter of January 9, 1987, to my Office. Because these letters concern the same matter, this response addresses them both. In the D ecember 29 letter, you asked about the appropriate color for your product, the Flag-it Fluorescent Signaling Device. The device, which you enclosed with your correspondence, is a rectangular green fluorescent strip, designed to be permanently attached to and hang vertically from the license plate frame on the front of a motor vehicle.

You state that you designed this device "especially to meet the requirements for fluorescent material in the front of motor vehicles." You ask for a "letter of certification" that your device can be used and sold in the United States.

The National Highway Traffic Safety Administration (NHTSA) has authority to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. However, NHTSA does not approve nor certify motor vehicles or motor vehicle equipment, or endorse any commercial product. Instead, the National Traffic and Motor Vehicle Safety Act establishes a "self-certification" process under which each manufacturer must certify that its product meets agency safety standards, or other applic able standards. Periodically, NHTSA tests whether vehicles or equipment comply with there standards, and may investigate alleged safety-related product defects.

Your product is an item of motor vehicle equipment under S102(4) of the National Traffic and Motor Vehicle Safety Act, and as such, falls under NHTSA's jurisdiction. However, none of our federal motor vehicle safety standards applies to your product.

Standard 125, Warning Devices, sets uniform design specifications for reflective warning devices used to warn approaching traffic of the presence of a stopped vehicle. As is apparent from the provisions regarding the scope and application of the Standard , Standard 125 applies to devices designed to be carried in motor vehicles and erected when needed to warn approaching traffic. It does not apply to warning devices designed to be permanently attached to a motor vehicle. Nevertheless, you may wish to use the colors specified in paragraph S5.3. They are the ones which the agency believes most appropriate for warning devices subject to the standard.

Standard 108, Lamps, Reflective Devices, and Associated Equipment, applies to reflective devices. While the agency notes that your product includes reflective material, Standard 108 covers aftermarket reflective devices only to the extent that the afterm arket device replaces required original reflective equipment. Because the kind of device you described is not subject to any Standard 108 requirement as original reflective equipment, it is likewise not subject to any such requirement as aftermarket equi pment.

Finally, please be aware that if you or the agency finds your product to contain a safety-related defect after you market the product, you are responsible for conducting a notice and recall campaign under S154 of the National Traffic and Motor Vehicle Sa fety Act (15 U.S.C. 1414).

Further, you should be aware that State law may apply to equipment such as your signalling device You may wish to consult the State and local transportation authorities in the areas where you intend to market your product.

Sincerely,

Erika Z. Jones Chief Counsel

December 29, 1986

Mr. Michel M. Finkelstein Associate Administrate for Research and Development National Highway Safety Administration 400 Seventh Street S. W. Washington, D. C. 20590

Dear Mr. Finkelstein:

I received your letter of December 22, 1986 concerning the Flag-It Fluorescent Signalling Device. Thanks very much for your interest and informing me concerning the device.

It is my understanding that reflecterized material can be used on motor vehicles through out the USA. The color red can be used only to reflect and be seen from the rear only.

Since the Flag-It device is designed especially to meet the requirement for fluorescent material in the front of motor vehicles. Using the color green on the device I presume no doubt be legal.

If you could send me a letter of certification that the Flag-It Fluorescent Safety Device can be used and sold in the USA I would appreciate concerning this matter.

Sincerely yours,

Charles Schamblin

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