Interpretation ID: Wagar.1

Mr. Terry W. Wagar
Vehicle Safety Technical Analyst III
NYS Department of Motor Vehicles
6 Empire State Plaza, Room 111
Albany, NY 12228

Dear Mr. Wagar:

This responds to your e-mail of June 2, 2003, asking whether a proposed New York State bill (A5226) would be preempted by Federal law, in light of a possible inconsistency with Federal Motor Vehicle Safety Standard (FMVSS) No. 111, Rearview mirrors (49 CFR 571.111). Your correspondence attached a version of the bill and expressed concern regarding an amendment to existing State law that would require motor vehicles sold in New York (except motorcycles) to be equipped with a blind spot mirror.

I would note that except for a change in dates, it is our understanding that the New York Assembly sought to pass a nearly identical provision in 1996 (A9376, March 5, 1996). In the enclosed interpretation letter to Mr. R. Karbowski, we stated that the proposed State requirement would be preempted under 49 U.S.C. 30103(b). Because the State legislative provision and the applicable Federal laws have remained essentially unchanged in relation to this matter, NYS bill A5226 would be similarly preempted for the reasons set forth in our earlier interpretation letter.

If you have any further questions, please feel free to contact Eric Stas of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosure
ref:111
d.6/30/03