Interpretation ID: nht89-3.24

TYPE: INTERPRETATION-NHTSA

DATE: 10/31/89

FROM: STEPHEN P. WOOD -- NHTSA ACTING CHIEF COUNSEL

TO: MARK F. HOLMES

TITLE: NONE

ATTACHMT: LETTER DATED 09/28/89 FROM MARK F. HOLMES TO STEVE WOOD -- NHTSA; OCC 3980; LETTER DATED 09/28/89 FROM MARK F. HOLMES TO STEVE WOOD -- NHTSA

TEXT: Dear Mr. Holmes:

This is in reply to your letter of September 28, 1989, with respect to two lighting devices known as the Strobalarm and the Spotlight Alarm. You are interested in selling these devices in the aftermarket, and have asked whether they would be in violatio n of any of the standards and regulations of this agency.

These devices are "designed to be used only when a vehicle is parked or broken down." As we understand your letter and the materials you enclosed, both devices can be incorporated into existing alarm systems, to indicate when an attempted theft is in pro gress. The "locator" feature of the devices allows activation from a distance of 400 feet, enabling an approaching owner to easily identify his vehicle. With the use of a pink colored lens, the Strobalarm is intended to serve as an "emergency distress flare." You have enclosed two color renderings of these devices, titled "Interior/Strobe Alarm Light," and "Alarm Strobe Light Collision Avoidance Light."

The Federal law and regulation that must be considered to answer your question are the National Traffic and Motor Vehicle Safety Act (Title 15, United States Code, Sections 1381 and following), and Federal Motor Vehicle Safety Standard No. 108 Lamps, Ref lective Devices and Associated Equipment (Title 49, Code of Federal Regulations, Section 571.108), and Standard No. 111 Rearview Mirrors (49 CFR 571.111). Under Section 1397(a)(2)(A) of the Act, a manufacturer, distributor, dealer, or motor vehicle repa ir business may not render inoperative, in whole or in part, any item of equipment installed in accordance with a Federal motor vehicle safety standard. You will note that this prohibition does not extend to the vehicle owner.

Thus, the question to be addressed is whether the installation of either device by a manufacturer, distributor, dealer, or motor vehicle repair business would affect the performance of required safety equipment. The "Interior Strobe/Alarm Light" appears intended as a "dome" light, mounted centrally on the headliner above the passenger seats. In this position it has the potential to affect the field of view of the inside rear view

mirror required by Standard No. 111, as prescribed by paragraph S5.1.1 (copy enclosed). If the field of view is not met, an outside rearview mirror must be provided on the passenger side. You have not provided the dimensions of this device, and we are unable to advise you further. Other than this cautionary note, the "Interior Strobe/Alarm Light" does not appear affected by the laws and regulations of this agency. It would, however, be subject to state and local laws where it is sold and used. We a re unable to advise you on these, and suggest you contact the American Association of Motor Vehicle Administrators (AAMVA) for an opinion. Its address is 4600 Wilson Boulevard, Arlington, VA 22203.

The "Alarm Strobe Light Collision Avoidance Light" raises another consideration. The collision avoidance portion of the lamp appears intended to serve as a center highmounted stop lamp. Under paragraph S5.4 of Standard No. 108, the center lamp may not b e combined with any other lamp or reflective device. Thus, removal of an original equipment center lamp and substitution of your device by a person other than the vehicle owner would be regarded as partially rendering inoperative the original safety equ ipment, even if your device complied with all other requirements for the center lamp. The center lamp has been required on all passenger cars manufactured on or after September 1, 1985.

The restriction does not apply, of course, to installation on passenger cars manufactured before September 1, 1985, or other types of motor vehicles regardless of date of manufacture. Consideration must still be given, however, to continued compliance w ith Standard No. 111, and to whether any state specifications exist covering aftermarket center stop lamps. Again, the AAMVA may be able to help you.

I hope that this information is useful to you.

Sincerely,