Interpretation ID: nht92-9.12

DATE: February 11, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Thomas J. Magnan -- Sergeant, Traffic Safety Division, Metropolitan Police Department, City of St. Louis, Mo.

TITLE: None

ATTACHMT: Attached to letter dated 1/7/92 from Thomas J. Magnan to Taylor Vinson (OCC 6885)

TEXT:

This responds to your letter of January 7, 1992, to Taylor Vinson of this Office, with respect to the Hella Position Indicator Lamp. You have asked whether this item may be used on vehicles in the United States.

The National Highway Traffic Safety Administration has no authority to grant formal approval of any lighting device. The agency does, however, advise whether use of a device is legal under applicable Federal laws. The National Traffic and Motor Vehicle Safety Act provides the agency with authority to issue motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. This agency has exercised this authority to establish Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment. Under Standard No. 108, trucks, buses,and multipurpose passenger vehicles whose overall width is 80 inches or more are required to be equipped with clearance lamps to indicate the overall width of the vehicle. The Hella Position Indicator Lamp could be intended for use as an original equipment clearance lamp or as a supplemental lamp on new vehicles. Although the Hella lamp is mounted on the side of the vehicle and thus indicates more than the overall width of the vehicle,it would nevertheless be acceptable as a clearance lamp if it complied with the other requirements of Standard No. 108 for clearance lamps. As a supplemental lamp, it is subject only to the restriction that it not impair the effectiveness of the original lighting equipment required by the standard. As it appears intended as a supplement to the clearance lamp, we do not judge it likely that the lamp would impair the effectiveness of the clearance lamp, or of any other rear lighting device.

It would appear, however, that the primary application of this device will be in the aftermarket. In this circumstance, Standard No. 108 would not directly apply to the Hella lamp. However, there is a provision of the Safety Act that applies to the installation of aftermarket items of motor vehicle equipment, including lamps. The Safety Act prohibits any manufacturer, distributor, dealer, or repair shop from knowingly "rendering inoperative," in whole or in part, any device or element of design installed on or in a vehicle in compliance with an applicable safety standard. The effect of this provision is to make it unlawful for any of the named commercial establishments to add or replace any lamp, reflective device, or associated equipment on a motor vehicle if the commercial establishment knows or should know that the addition of the aftermarket lighting equipment results in the vehicle no longer complying with Standard No. 108. The installation of the Hella lamp by the named commercial establishments would not appear to be a "render inoperative" violation, since, as explained above, the Hlla lamp would not appear to impair the effectiveness of any required rear fighting device.

Therefore, the manufacture and sale of this lamp would not appear to violate any of the Federal states and regulations administered by the National Highway Traffic Safety Administration. However, this does not preclude regulation of the installation and use of aftermarket devices by the individual States. For example, whether this particular lamp design could be used in Missouri would be a question to be answered under the laws of your State. We are unable to advise you on the laws of the individual States. If the Hella distributor is interested in pursuing the question of acceptability under the laws of the individual states, we suggest that he write the American Association of Motor Vehicle Administrators for an opinion. Its address is 4600 Wilson Boulevard, Arlington, Va. 22203.