Interpretation ID: nht89-1.85

TYPE: INTERPRETATION-NHTSA

DATE: 05/05/89

FROM: DANIEL F. WIECHMANN

TO: ROBERT A. DETERMAN -- IOWA OFFICE OF CONGRESSMAN FRED GRANDY

TITLE: THE STATE OF IOWA VS. BARRY LYNN SPEICH

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 09/23/88 FROM DANIEL F. WIECHMANN TO RUTH SKLUZACEEK, RE THE STATE OF IOWA VS. BARRY LYNN SPEICH, FRANKLIN COUNTY CRIMINAL NO. WD488435; NO 24.432.0788 [321.424] OF THE CODE OF IOWA; LETTER DATED 10/10/88 FROM JODY JOHNSON -- IOWA DOT TO DANIEL F. WIECHMANN, REF NO 911.2; LETTER DATED 10/14/88 F ROM DANIEL F. WIECHMANN TO RALPH HITCHCOCK -- NHTSA, RE THE STATE OF IOWA VS. BARRY LYNN SPEICH, FRANKLIN COUNTY CRIMINAL NO WD488435; NO. 24.432.0788 [321.424] OF THE CODE OF IOWA

TEXT: Dear Bob:

I believe I had spoken to you earlier about the problem that had arisen concerning the headlight covers on a vehicle of Barry Lynn Speich from Hampton.

A question had arisen as to whether or not this type of lighting device was legal in the State of Iowa. I wrote to Ruth Skluzaceek, Director of Vehicle Registration Office, Lucas State Office Building, Des Moines, Iowa, concerning the same, a copy of my letter of September 23, 1988, being enclosed. In response, on October 11, 1988, I received a letter from Jody Johnson, Administrative Officer, Vehicle Registration, Motor Vehicle Division, Iowa Department of Transportation, to the effect that the St ate of Iowa did not have the authority to approve the headlamp covers, as Iowa Administrative Rule Chapter 450,761 -- 450.1(321) adopted Federal Standards and Equipment Approval, a copy of said letter being enclosed.

As a result of Jody Johnson's letter of October 10, 1988, I followed her advice and wrote to Mr. Ralph Hitchcock, U.S. Department of Transportation, National Highway Safety Administration Standards, Washington, D.C., setting forth the same information and the same request, a copy which letter is enclosed.

I am sure the National Highway Traffic Safety Administration Standards has better things to do, than to answer my letter of October 14, 1988; unfortunately, in a case pending in the District Court of the State of Iowa in and For Franklin County (Magis trat Division) Criminal Division, is important to my client and the answer which we seek is the crucial question in this case as to whether or not the headlamp covers in question are in fact illegal, or are in fact approved.

My logic tells me that these type of covers are in fact approved as I have seen them on numerous vehicles not only in the state of Iowa, but in other states as I have traveled. I am sure that the companies who sell these items would not be selling th em, if they were not in fact approved items.

I am also enclosing some information concerning these headlamp covers which may be helpful in the search that is done.

Your cooperation in this matter is greatly appreciated.

Thank you very much.

Yours very truly,

ENCLOSURES