Interpretation ID: nht88-3.56

TYPE: INTERPRETATION-NHTSA

DATE: 09/23/88

FROM: DANIEL F. WIECHMANN

TO: RUTH SKLUZACEEK -- IOWA DIRECTOR OF VEHICLE REGISTRATION OFFICE

TITLE: THE STATE OF IOWA VS. BARRY LYNN SPEICH, FRANKLIN COUNTY CRIMINAL NO. WD488435; NO. 24.432.0788 (@ 321.424) OF THE CODE OF IOWA

ATTACHMT: ATTACHED TO LETTER DATED 07/05/89 FROM JEFFREY R. MILLER -- NHTSA TO FRED GRANDY, REDBOOK A33 (3); STANDARD 108; LETTER DATED 05/09/89 FROM FRED GRANDY -- CONGRESS TO JERRY CURRY -- NHTSA; LETTER DATED 05/05/89 FROM DANIEL F. WIECHMANN TO ROBER T A. DETERMAN, RE THE STATE OF IOWA VS. BARRY LYNN SPEICH; LETTER DATED 10/10/88 FROM JODY JOHNSON -- IOWA DOT TO DANIEL F. WIECHMANN, REF NO 911.2; LETTER DATED 10/14/88 FROM DANIEL F. WIECHMANN TO RALPH HITCHCOCK -- NHTSA, RE THE STATE OF IOWA VS. BARR Y LYNN SPEICH FRANKLIN COUNTY CRIMINAL NO WD488435; NO. 24.432.0788 [321.424] OF THE CODE OF IOWA

TEXT: Dear Ms. Skluzaceek:

Please be advised I represent the above named Defendant, who was charged with the violation of Section 321.424 of the Code of Iowa, which is Sale of Lights-Approval, which basically states that no person shall have for sale, sell or offer sale for use upon or as a part of the equipment of a motor vehicle, trailer, or semitrailer, or use upon any such vehicle any headlight, auxiliary or fog lamp, rear lamp, signal lamp, or reflector, which reflector is required hereunder, or parts of any of the forego ing which tend to change the original design or performance, unless of a type which has been submitted to the director and approved by the director.

I also refer to you Section 329.428 of The Code of Iowa which authorizes the director to approve or disapprove lighting devices and to issue and enforce rules establishing standards and specifications for the approval of such lighting devices, etc.

The bottom line herein is the above named Defendant had headlight covers such as described in the information I have enclosed, which is pages 210 and 211 from an auto parts catalog.

I am wondering as to whether or not these headlights or covers are approved by the State of Iowa, and if so, would you please be so kind as to set forth the fact these headlight covers are an approved device. If they are not approved, please kindly s o state.

If you are looking for further information concerning this matter, please do not hesitate to contact me. As I have stated, for your assistance, I am enclosing pages 210 and 211 from an auto parts catalog, as well as a copy of the ticket issued to the young man.

For your information, the Hearing is set on this ticket for the 29th day of September, 1988, at 1:00 P.M.

I look forward to your response.

Thank you very much.

Yours very truly,

ENCLOSURES