Interpretation ID: nht88-1.9

TYPE: INTERPRETATION-NHTSA

DATE: 01/04/88

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Art Look -- Marketing Executive, Burke Communication Industries

TITLE: FMVSS INTERPRETATION

TEXT:

Art Look, Marketing Executive Burke Communication Industries 1165 North Clark Street Chicago, IL 60610

Your letter of October 30, 1987, addressed to Administrator Diane Steed, was referred to me for reply. You are apparently seeking this Department's approval of your product which you describe as a new warning device for stopped motor vehicles. As explain ed below, we do not provide approvals for products.

Your product is made of inflatable plastic material that you describe as "flexible and extremely durable." When a user inflates your device, the product takes the shape of a cone standing about 18" high. The pictures you enclose indicate that the inflata ble part of the cone has three broad alternating stripes. Two of the stripes are orange, and a 6" "reflective" white stripe is sandwiched between them. Your cone sits on a non-inflatable, spherical, black base filled with "approximately" 3 lbs. of sand.

You state that your device has many advantages over the warning device currently specified in Federal Motor Vehicle Safety Standard 125, Warning Devices. Among the advantages you list are that your device is "more visible at night, up to 1,000 ft. away;" that it "(is) not affected by winds up to 50 MPH;" and that if struck, it "will return to an upright position" without damaging the vehicle involved. You state your company's intention to package your device in a corrugated container with three inflatab le cones to a kit, including both a "new-type double-action hand pump" and instructions for proper use of your device.

Let me begin with some general information about this agency. The National Highway Traffic Safety Administration (NHTSA) is an agency of the Department of Transportation, and has authority under the National Traffic and Motor Vehicle Safety Act (the Safe ty Act) 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 Safety Act establishes a "self-certification" process under which each manufacturer is required to certify that its products meet all applicable safety standards issued by this agency. Periodically, NHTSA conducts tests to issued by this agency. Periodically, NHTSA conducts tests to determine whether vehicles or equipment comply with these standards, and may investigate alleged safety-related product defects.

One of the safety standards issued by this agency is Standard 125, Warning Devices, which sets uniform performance requirements for certain devices that are designed to be carried in a motor vehicle and use when needed to warn approaching traffic when th e vehicle is disabled and stooped in or by the side of the road. The Standard applies to any such device that does not have a self-contained energy source (such as a battery). Your product falls under this Standard. Thus, it must meet the requirements of Standard 125, such as those on configuration, color, and reflectivity. Failure to comply with a standard renders the manufacturer subject to a civil penalty of $1,000 for each violation and a maximum penalty of $800,000 for a series of violations. In ad dition, the Safety Act requires a manufacturer to recall and remedy or replace a noncomplying item of motor vehicle equipment.

As the above discussion suggests, you do not need approval from NHTSA or any other agency in the Department of Transportation to market your product. However, you do need both to ensure that your product meets Standard 125's requirements and to certify c ompliance. Our preliminary review of your product indicates that you may not be able to make that certification. For example, it appears that your product may not comply with the color, reflectivity, configuration, and stability requirements of Standard 125. If your product fails to meet these or other Standard 125 requirements, you cannot legally market it as a warning device.

I hope you find this response helpful.

Sincerely, Erika Z. Jones Chief Counsel Enclosure - (Copy of Std. 124 and Std. 125 omitted.)

October 30, 1987

Re: Change or addition to Motor Vehicle Safety Standard No. 125 Warning Devices

Dear Ms. Steed,

As you suggested in an earlier telephone conversation, I am sending you all the pertinent information regarding our new warning device. This road safety device was designed to protect and alert motorists to truck and auto highway breakdowns.

We realize it is our responsibility to bring to your attention the physical, mechanical and aesthetic values of the new unit which allows you to judge its uniqueness and safety features. For this reason we have enclosed all the test results performed by Quinn Laboratories here in Chicago. We are intending to use the 18" size device in our Trucker's/Motorist's kits.

As indicated in the enclosed photos and test results the warning device is fabricated from a flexible and extremely durable plastic material which is inflated before use. The device is filled at the bottom with approximately 3 lbs. of sand and has a 6" b and of reflective material 3" from the top. Upon inflation the device takes on the appearance of a cone 18" high.

The inflatable cones have many advantages over the now available devices. They are more visible at night, up to 1,000 ft. away. (Note: you will find specification and technical information on the 3M reflective material to be used at the top of the cone.) The cones are nor affected by winds up to 50 MPH and if struck, will return to an upright position. Most importantly, if struck, the cone will in no way damage the vehicle involved.

The size and colors of the cones meet with M.U.D.T.C.O. specifications.

When not in use the cones can be deflated to fit into a small compact package.

It is our intention to make a kit of three 18" cones and one new-type double-action hand pump, package in a weather proof corrugated container with instruction for filling the cones and placing them in their proper location, printed on the container. It is virtually impossible for these cones to be assembled incorrectly.

Ms. Steed, we are confident that will all the information enclosed you will judge the merits and outstanding possibilities of our new warning device in a positive manner and allow us to take the next step to get the Department of Transportation's approva l of our new road safety device.

Sincerely,

Art Look Marketing Executive Photos and test results omitted.