NHTSA's Interpretation Files Search

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Interpretations	Date

ID: aiam4616 Open Mr. Richard J. Strohm 100 Devon Lane Naperville, IL 60540; Mr. Richard J. Strohm 100 Devon Lane Naperville IL 60540; "Dear Mr. Strohm: This responds to your letter, referred to me by Mr Edward Jettner of this agency, which asked the National Highway Traffic Safety Administration (NHTSA) to authorize the adjustment of the front seat in your Chevrolet Caprice by your automobile dealer. I regret the delay in responding. Your letter and enclosure explained that you would like your dealer to move back the front bench seat in your newly-purchased vehicle to give you more leg room. You stated that the front seat in your new vehicle is mounted closer to the front of the vehicle than the seat in your former car had been, and that you were more comfortable with the latter seat placement. You said that you contacted a customer service representative and that he told you Chevrolet is prohibited by law from moving the seat. You asked how Chevrolet can obtain authorization to make the desired adjustments. Federal law does not directly prohibit your dealer from adjusting the seat, it does, however, indirectly set limits on the modifications. By way of background, NHTSA is authorized by the National Traffic and Motor Vehicle Safety Act to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. Manufacturers must certify that their new vehicles and equipment conform to all of our safety standards applying to their product. If a new vehicle is modified before its first sale to a consumer, the person making the modification would have to certify that the vehicle, as altered, continues to comply with all applicable Federal motor vehicle safety standards. Moving back a seat on a new vehicle could affect compliance with Standard No. 207, Seating Systems, Standard No. 208, Occupant Crash Protection, and No. 210, Seat Belt Assembly Anchorages. A dealer is not prohibited from making changes in the seat position as long as the modified seat and related safety components continue to perform in the manner required by the applicable standards. Your situation involves the modification of a vehicle after its first sale to a consumer. While our safety standards apply only to new vehicles, there are some statutory restrictions on modifications of this type. If a vehicle is modified after its first sale, then /108(a)(2)(A) of the Vehicle Safety Act would apply. That section provides, in pertinent part: No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ... Your dealer is not prohibited by /108(a)(2)(A) from making the seat adjustment if the adjustment can be made without rendering inoperative your vehicle's compliance with any applicable Federal safety standard. It may be that the dealer you contacted has determined that it cannot move the seat rearwards without rendering inoperative a component or element of design now in compliance with the Federal safety standards. The prohibition of /108(a)(2)(A) only applies to commercial businesses, not to individuals. Thus, under Federal law, vehicle owners may themselves make any modifications to their vehicles. They must, however, comply with any applicable State laws limiting modifications. If you have any further questions, please feel free to contact us. Sincerely, Stephen P. Wood Acting Chief Counsel";
ID: aiam1044 Open Mr. Gerald R. Green, 110 Winnsboro Court, Jackson, MS 39206; Mr. Gerald R. Green 110 Winnsboro Court Jackson MS 39206; Dear Mr. Green: This is in reply to your letter of February 5, 1973, concerning th mileage on the used Volkswagen you recently purchased.; I am enclosing two documents for your reference. The first is a copy o Title IV, Odometer Requirements, of the Motor Vehicle Information and Cost Savings Act, Public Law 92-513. This is the basic Federal law applicable to odometers. Section 409 of the Act describes the principal remedy available to defrauded buyers. The second document is the odometer disclosure regulation issued by this agency pursuant to section 408(a) of the Act.; Of particular relevance to your situation are the dates on which th provisions of Federal law become effective. Public Law 92-513 was signed by the President on October 20, 1972, and became effective 90 days later - on January 18, 1973. On and after that date it became unlawful to reset an odometer with the intent to change the mileage. A person who resets an odometer before that date would not have committed an unlawful act under Federal law. In your case, it must be established that the odometer was reset on or after January 18 in order to hold the seller liable under the Act.; In sales occurring after March 1, 1973, the disclosure requirement apply, and a seller who fails to disclose a reset odometer may be held liable, regardless of when the odometer was reset. However, you purchased your car before the disclosure requirements went into effect. Craigo Volkswagen was therefore not obliged, under Federal law, to make an accurate disclosure to you on January 22, 1973.; We cannot go further than to say that a private civil action might li against Craigo, it if can be shown that Craigo reset the odometer on or after January 18. You may want to consult an attorney as to the possibility of proving these facts.; On our part, the NHTSA is anxious to obtain as much information a possible concerning this and other suspected cases of odometer resetting. The government has injunctive powers under Section 410 of the Act and intends to use them when it appears that a person is making a practice of resetting odometers.; Yours truly, Richard B. Dyson, Assistant Chief Counsel
ID: aiam3079 Open Mr. Peter Monahan, Shaeen, Lumberg, Callaghan and Berke, 20 N. Wacker, Chicago, IL 60606; Mr. Peter Monahan Shaeen Lumberg Callaghan and Berke 20 N. Wacker Chicago IL 60606; Dear Mr. Monahan: This is in response to the questions you raised with Ms. Debra Weine of my office in a telephone conversion (sic) of July 9, 1979. Specifically, you asked whether there are any current or proposed regulations applicable to customizers who install plastic auxiliary diesel fuel tanks in Mercedes automobiles. You noted these vehicles would typically be purchased from a dealer and then brought to the customizer for installation of the auxiliary tank.; The National Traffic and Motor Vehicle Safety Act, as amended 1974 (th Act), authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal Motor Vehicle Safety Standards applicable to motor vehicles and to equipment for installation in vehicles. Safety Standard No. 301-75, Fuel System Integrity (49 CFR 571.301-75), specifies performance requirements for vehicles, including passenger cars, which use fuel with a boiling point above 32 degrees F. (This includes both gasoline and diesel fuel). Under the standard's requirements, no part of a vehicle's entire fuel system can have fuel spillage beyond certain specified amounts during barrier crash tests. Specific performance requirements for individual components of the fuel system, such as the fuel tank, are not currently included in the standard. With the advent of high density polyethlene (sic) (plastic) fuel tanks, however, the current 'system' performance requirements might not be sufficient to insure the integrity of vehicle fuel systems. For this reason, the agency recently published an Advance Notice of Proposed Rulemaking concerning the advisability of establishing performance standards for plastic tanks (44 FR 33441, June 11, 1979 copy enclosed).; Under section 108 of the Act, new motor vehicles must comply wit Federal safety standards prior to their first purchase in good faith for purposes other than resale. That purchase is completed when the vehicle is delivered to the ultimate consumer. Thus, the extent to which a customizer must ensure that his installation of an auxiliary tank complies with Safety Standard No. 301-75 depends upon whether the tank is installed before or after this delivery.; A customizer who installs an auxiliary fuel tank prior to the vehicle' first purchase would be a vehicle 'alterer'. Under the provisions of 49 CFR 567.7, he would be required to place an additional label on the vehicle specifying that, as altered, the vehicle continues to be in compliance with all applicable safety standards, including Standard No. 301-75. Additionally the alterer would be responsible for any safety related defects arising from the installation of the auxiliary tank and would be required under section 151 of the Act to provide notice of and remedy for the defective installation.; If a customizer installs an auxiliary tank in a vehicle after it delivery to the first purchaser he could be subject to section 108(a)(2)(A) of the Act. That section provides that:; >>>No manufacturer, distributor, dealer, or motor vehicle repai business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard....<<<; A person or entity found to have violated this section would be liabl for a civil penalty of up to $1,000 for each violation. (Section 109 of the Act).; If a person subject to section 108(a)(2)(A) adds an auxiliary gasolin tank to a vehicle manufactured in accordance with Safety Standard No. 301-75, and in the process knowingly reduces the performance of the fuel system originally installed in the motor vehicle, he or she has violated section 108(a)(2)(A). (H.R. No. 1191, 93d Cong., 2d sess. 34 (1974). (sic) Such a reduction of performance could occur, for example, if gasoline from the original system (a fuel system includes the filler pipe, tank, gasoline lines, fuel pump, carburetor, and engine) could be leaked through a rupture in the the (sic) auxiliary tank and fuel lines, and if the design materials, construction, installation or location of the auxiliary tank and fuel lines made them more susceptible to rupture than the original fuel system.; Please note that a customizer would be considered a 'motor vehicl repair business' since he modifies motor vehicles for compensation.; I hope that you will find this response helpful. Sincerely, Frank Berndt, Chief Counsel
ID: aiam4246 Open Mr. H. Tsujishita, Chief Co-ordinator of Technical Administration Department Daihatsu Motor Co., Ltd., 1. Daihatsu- Cho, Ikeda City, Osaka Prefecture, JAPAN; Mr. H. Tsujishita Chief Co-ordinator of Technical Administration Department Daihatsu Motor Co. Ltd. 1. Daihatsu- Cho Ikeda City Osaka Prefecture JAPAN; Dear Mr. Tsujishita: This responds to your letter dated October 30, 1986, seeking a interpretation of 49 CFR Part 581, Bumper Standard and seeking our comments on sample reports required under several of our regulations. This letter addresses your question about our bumper standard first, and then comments on your sample reports.; You asked about one of the protective criteria specified in sectio 581.5(c) of Part 581. Part 581 requires vehicles to meet the damage criteria of that section after specified test impacts.; Section 581.5(c)(8) states: >>>The exterior surfaces shall have no separations of surfac materials, paint, polymeric coatings, or other covering materials from the surface to which they are bonded, and no permanent deviations from their original contours 30 minutes after completion of each pendulum and barrier impact, except where such damage occurs to the bumper face bar and the components and associated fasteners that directly attach the bumper face bar to the chassis frame. (Emphasis added.)<<<; You stated that you understand 'exterior surfaces' to refer to th exterior body surface which can be observed without the removal of any components, and that it does not mean the body surface which cannot be observed unless components are removed. Based on this understanding, you stated that you believe that two areas of a car, identified in an attached drawing as Area A and Area B, need not conform to the no damage requirement. Both Area A, a radiator support panel located directly under the headlamp, and Area, (sic) B, a fender apron located below the headlamp but along the side of the car, cannot be observed unless the bumper assembly is removed.; You understanding of 'exterior surface,' with respect to Areas A and of your drawing, is correct. Those areas are not exterior surfaces, because they are located behind the bumper assembly and cannot be observed unless that assembly is removed.; Sample Reports 1. 49 CFR Part 565, Vehicle Identification Number - Conten Requirements; Assuming that the Daihatsu is the only make and type of vehicle yo will sell in the United States, the submission of the unique identifier would comply with S565.6(b). If you are planning to sell other makes, you would also have to include information on those makes in this submission.; The deciphering information would be sufficient under S565.5(d) excep for the information about the engine type. The information you suggest providing describes the engine only as a 'CB'. The term 'engine type is defined at S565.3(d) as 'a power source with defined characteristics such as fuel utilized, number of cylinders, displacement and net brake horsepower.' None of these factors can be deciphered from your 'CB' marking. The deciphering information should indicate whether this is a gasoline or diesel engine, the number of cylinders, engine displacement, and net brake horsepower. With this modification, the sample report would comply with the requirements of Part 565.; 2. 49 CFR Part 566, Manufacturer Identification The sample identifying information from Daihatsu is sufficient for th purposes of Part 566.; You also asked how accurate this identification must be with respect t the GVWR ranges of the vehicles. As you noted, S566.5(c) requires manufacturers to submit the 'approximate ranges' of GVWR for each type of motor vehicle produced by the manufacturer. The agency explained in the notice of proposed rulemaking for this rule that it was seeking only basic information on the vehicles produced by the manufacturer. See 36 FR 7970, at 7971, April 28, 1971. Thus, if you wish to state that you produce passenger cars with a GVWR between 2300 and 2500 pounds, as suggested in your letter, that information would satisfy the requirements of Part 566.; You also asked the purpose of requiring the Part 566 report. Th purpose was explained as follows in the notice of proposed rulemaking:; >>>In order to carry out the provisions of the Act, it is ofte necessary to have certain basic information about the manufacturers of motor vehicles or vehicle equipment subject to the Act. This is particularly so in the area of enforcement and in carrying out the several requirements for communication, inspection, and reporting. It is necessary to have centrally organized and collected information regarding the manufacturer's corporate status, mailing address, items manufactured, and manufacturing location. Moreover, it is necessary to assemble this information so as to make it readily accessible to those having enforcement responsibility under the Act, and provide a means for identifying and classifying manufacturers according to the types of motor vehicles or equipment which they manufacture. A system is also needed whereby NHTSA can provide information to manufacturers of various types of vehicles or equipment. 36 FR 7971, April 28, 1971.<<<; 3. 49 CFR S551.45 Designation of Agent You first asked whether your sample designation of agent conforms wit the requirements of 49 CFR S551.45. It does not. Section 551.45 specifies that a designation of agent must include the following six items of information:; 1. A certification by the person or persons signing the designatio that it is valid in form and binding on the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made.; Your sample contains no such certification. 2. The full legal name, principal place of business and mailing addres of the manufacturer.; This information is set forth only on the letterhead of you stationery. If the corporate name set forth on your stationery is the full legal name, it would satisfy this requirement. If that is not the full legal name, however, the full legal name must be separately shown. The same principle applies to the requirements to submit your principal place of business and mailing address.; 3. Marks, trade names, or other designation of origin of any of th manufacturer's products which do not bear its name.; It is impossible for us to determine where there are no such marks, i the Daihatsu symbol on your letterhead is the only such mark, or if you have not satisfied this requirement.; 4. A statement that the designation shall remain in effect unti withdrawn or replaced by the manufacturer.; There is not such statement in your sample. 5. A declaration of acceptance duly signed by the agent appointed b the manufacturer.; Your sample would satisfy this requirement. 6. The full legal name and address of the designated agent. Your sample would satisfy this requirement. You then asked what the designated agent does, and whether all report had to be submitted to this agency via the designated agent. The designated agent acts as the agent for foreign manufacturers upon whom service of process, notices, orders, and decisions may be made for and on behalf of the manufacturer. Please note that both your designation of agent and acceptance erroneously state that such service may be made by or on behalf of the agent. Under the due process clause of our Constitution, a party cannot be bound by the outcome of a legal proceeding unless he or she has been given notice of such proceeding and an opportunity to be heard. Since we cannot go into a Japanese court, the U.S. government must have some device by which it can ensure that a foreign manufacturer is given proper notice of any proceedings affecting it in the United States. Thus, the designation of an agent by Daihatsu helps to ensure that the company will be fully and promptly apprised of any governmental action involving the company.; Hence, foreign manufacturers are not required to submit report through their designated agents - the designated agent is only a means for this agency to serve process and so forth on the foreign manufacturer. In fact, we recommend that foreign manufacturers submit reports and other correspondence directly to NHTSA, so as to facilitate the exchange of information.; 4. 49 CFR Part 575.104, Uniform Tire Quality Grading Standards The sample report you submitted is exactly that which is specified i Figure 2 of S575.104. It would therefore comply with S575.6(a) and S575.104(d)(1)(iii). Please note that there are typographical errors for the words 'treadwear' and 'passenger' in the sample you submitted.; 5. 49 CFR S575.101, Vehicle Stopping Distance Your stopping distance sample report is in the format specified i Figure 1 of S575.101. Accordingly, it would satisfy the requirements of S575.101(c).; 6. 49 CFR Part 537, Automotive Fuel Economy Reports Your sample fuel economy report, including the statement as t representativeness, satisfies the requirements of Part 537. Please note that the timing for submitting the reports is set forth in S537.5(b), and that your 1988 pre-model year report is due in December 1987, while your 1988 mid-model year report is due in July 1988.; 7. 49 CFR Part 542, Procedures for Selecting Lines to be Covered b the Theft Prevention Standard; Your sample Part 542 submission would satisfy the requirements of tha Part.; Please feel free to contact us if you need any further information o our regulatory requirements.; Sincerely, Erika Z. Jones, Chief Counsel
ID: aiam3583 Open Mr. William Croix, Technical Maintenance, Manager, Puerto Rico Marine Management, Inc., G.P.O. Box 71306, San Juan, Puerto Rico 00936; Mr. William Croix Technical Maintenance Manager Puerto Rico Marine Management Inc. G.P.O. Box 71306 San Juan Puerto Rico 00936; Dear Mr. Croix: This is in response to your letter of July 9, 1982, to Mr. Elliott o this agency.; You have asked about Federal requirements for lighting of portabl containers secured to flat bed trailers. As those containers are the cargo of the trailers and not an integral part of them, the Federal lighting requirements (Motor Vehicle Safety Standard No. 108) apply only to the trailer. However, the individual States in which the trailers are operated may impose their own lighting requirements.; Sincerely, Frank Berndt, Chief Counsel
ID: aiam3096 Open Norman Friberg, P.E., Engineer, Regulatory Affairs, Volvo of America Corporation, Rockleigh, New Jersey 07647; Norman Friberg P.E. Engineer Regulatory Affairs Volvo of America Corporation Rockleigh New Jersey 07647; Dear Mr. Friberg: This is in response to your letter of February 5, 1979, and you telephone conversations with Mr. Schwartz of my office.; Section 4.5.2 of Federal Motor Vehicle Safety Standard No. 115 (Vehicl Identification Number) states that the second section of the vehicle identification number for passenger cars shall be decipherable into the vehicle's line, series, body type, engine type, and restraint system type. 'Line' is defined as 'a name which a manufacturer applies to a family of vehicles which have a degree of commonality in construction, such as body, chassis or cab type.' 'Series' is defined as 'a name which a manufacturer applies to a subdivision of 'line,' denoting price, size, or weight identification, and which is utilized by the manufacturer for marketing purposes.'; In Volvo's view, the only 'line' it markets in the United States in th '200-series.' Within this line, there are several models differentiated by body style and number of engine cylinders. Each model is offered in several different 'sales versions,' designated by a two- or three-letter suffix. Sales versions differ as to trim, upholstery, and other items which Volvo has designated as cosmetic. It is Volvo's desire not to encode the particular sales versions of the vehicle in its VIN.; Based on the facts presented, it is apparent that each 'sales version could also be designated a 'series' of Volvo desired. Nonetheless, the definition of 'series' makes clear that the responsibility for applying and utilizing the 'series' designation rests initially with the manufacturer. If a manufacturer chooses not to designate separate series for marketing reasons because of the superficiality of the differences between the potential series, the agency will not require such a designation.; Sincerely, Frank Berndt, Chief Counsel
ID: aiam4753 Open Mr. Brad G. Magor 6282 Young Street Halifax, Nova Scotia B3L-1ZB Canada; Mr. Brad G. Magor 6282 Young Street Halifax Nova Scotia B3L-1ZB Canada; "Dear Mr. Magor: This is in reply to your letter of May 1, l990, to th Department of Transportation with respect to your intended purchase of a Canadian truck or van which you will eventually import into the United States. You asked for information on the features required to meet the U.S. safety standards, and whether Canadian vehicles generally have these items. There is a great similarity, but not identicality, between the Canadian Motor Vehicle Safety Standards (CMVSS), and the Federal Motor Vehicle Safety Standards (FMVSS). Manufacturers in both countries are required to affix a label to their vehicles certifying compliance with all applicable safety standards. We understand that some Canadian manufacturers may have certified compliance of their vehicles with both the CMVSS and the FMVSS. If dual certification has occurred, it will be evident from reading the certification label on the vehicle (usually located in the driver door post area). If the vehicle bears a certification of compliance that includes the FMVSS, you should encounter no problems in importing, registering, and selling it in the United States. However, if the vehicle is certified only to the CMVSS, you will encounter some difficulty in importing it, notwithstanding the substantial similarity of the CMVSS and FMVSS. By direction of Congress, a vehicle not originally manufactured to conform to the FMVSS may not be admitted into the U.S. unless two things have occurred. The vehicle must be on a list of vehicles that the Department has approved for conversion to the FMVSS. If this has occurred, then the vehicle can only be imported by a 'registered importer' (i.e. converter), or one who has a contract with a registered importer to perform the conversion work. A bond equal to l50% of the entered value of the vehicle must be given to secure performance of the conversion work, which is cancelled upon satisfactory evidence that the work has been performed. The new directives of Congress were only effective on January 31, l990, and we are still working to implement them. We have tentatively proposed an approved general list of vehicles that would include all Canadian trucks and vans manufactured since January 1, l968, that were certified as meeting the CMVSS, and which are of the same make, model, and model year of any truck or van originally manufactured for importation into and sale in the United States, or originally manufactured in the United States, and that were certified as meeting the FMVSS. For example, a l990 Chevrolet truck manufactured in Canada to the CMVSS with a U.S. manufactured and certified counterpart would be covered by this general list. We have received no objections to treating Canadian vehicles in this fashion. A final determination should be published in the near future. We have also accorded registered importer status to a number of applicants. If you choose to buy a vehicle certified to the CMVSS for importation into the United States, we will be pleased to provide the latest list of registered importers as the time draws near for your departure. The minor differences in the standards that may effect you are principally those regarding speedometer/odometers and lighting. The former must indicate miles and miles per hour (and may indicate kilometers and kilometers per hour). Vehicles must be equipped with headlamps that meet the FMVSS and not those of the ECE. Thus, once a CMVSS-certified vehicle is imported, we do not anticipate that the conversion work should be lengthy or costly. Once the work has been satisfactorily performed and the converter's label attached, you should encounter no difficulties in registering the vehicle or in selling it. I hope that this answers your questions. Sincerely, Paul Jackson Rice Chief Counsel";
ID: aiam1551 Open Mr. Jack F. Bryson, Manager, Marketing & Industrial Relations, Elgin Sweeper Company, 1300 West Bartlett Road, Elgin, IL 60120; Mr. Jack F. Bryson Manager Marketing & Industrial Relations Elgin Sweeper Company 1300 West Bartlett Road Elgin IL 60120; Dear Mr. Bryson: This is in reply to your letter of June 7, 1974, asking whether NHTS Certification requirements (49 CFR Parts 567, 568) apply to the mounting of a device called the Elgin Eductor on a used truck.; The NHTSA does not consider the Certification requirements to apply t the mounting of a new truck body (based on the information you provide, this includes the Elgin eductor) on a used truck chassis. We consider additions to used chassis to be used vehicles under the National Traffic and Motor Vehicle Safety Act, and no certification is therefore required.; Yours truly, Richard B. Dyson, Assistant Chief Counsel
ID: aiam4303 Open Prof. P. Soardo, Istituto Elettrotecnico Nazionale, Galileo Ferraris, Strada delle Cacce, 91, 10135 Torino Italy; Prof. P. Soardo Istituto Elettrotecnico Nazionale Galileo Ferraris Strada delle Cacce 91 10135 Torino Italy; Dear Prof. Soardo: This is in reply to your letter of January 16, 1987, to the agency wit reference to the 'homologation in the U.S.A. of a headlamp - optically combined - capable of performing the function of auxiliary driving lamp or as an alternative to the function of the front fog lamp.' You have told us that the device is intended principally for the aftermarket and will use a two- filament H4 bulb, the main filament providing the 'driving beam,' and the secondary filament performing 'the 'fog' function.' When it is mounted on the vehicle it will 'meet the specific aiming requirements contained in the relevant SAE standard, for both light beams.'; As you may know, there are two types of laws in the United States tha pertain to motor vehicle lighting equipment, the laws of the United States government ('Federal' law), and those of the 50 individual States ('Local' law). One of these laws is Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment. Standard No. 108 specifies requirements for original equipment, and, as a general rule, only aftermarket equipment that is intended to replace original equipment. There are no original equipment requirements in Standard No. 108 for a combination driving-fog lamp such as you discuss, and hence there are no Federal aftermarket requirements for it either. Provided that this lamp does not impair the effectiveness of required front lamps, Standard No. 108 allows a vehicle manufacturer to install the driving-fog lamp as original equipment. Because Standard No. 108 does not allow use of the H4 bulb in headlamps for four-wheeled vehicles, it could not serve as a headlamp. There are no Federal restrictions preventing the sale of this device in the aftermarket as a supplementary lamp.; However, the lamp would be subject to local law, and some of the State may require approval of it before it is offered for sale. The approval of one State does not signify approval by another, so there would not be 'homologation' permitting sale in all States based upon approval by only one State. Even if a Local law does not require approval of a driving-fog lamp, it may forbid its use. We are unable to advise you on Local laws but you may wish to write the American Association of Motor Vehicle Administrator for an opinion. The address of this organization is 1201 Connecticut Avenue, N.W., Washington, D.C. 20036.; Sincerely, Erika Z. Jones, Chief Counsel
ID: aiam1101 Open Louis A. Sisler, Esq., General Counsel, ADC Marketing, Inc., 4410 Executive West, Fort Wayne, IN 46808; Louis A. Sisler Esq. General Counsel ADC Marketing Inc. 4410 Executive West Fort Wayne IN 46808; Dear Mr. Sisler: This is in reply to your letter of March 29, 1973, to Mr. Schneide asking for a clarification that the Front Brake Light Adapter you describe 'does not fall within the provisions of Motor Vehicle Safety Standard No. 108.' The adapter, as we understand it, connects the stop lamps with the front turn signal lamps so that when the brakes are applied, the front turn signal lamps are activated in a steady-burning state, indicating that the vehicle is decelerating or has come to a halt.; In our opinion, use of the adapter as original equipment on a vehicl might be precluded by paragraph S4.1.3 of Standard No. 108 prohibiting devices that impair the effectiveness of the equipment required by the standard. The front turn signal lamp is a lamp that flashes in operation to indicate to oncoming drivers, or pedestrians, that the vehicle is preparing to turn, or that a potential hazard exists ahead (when the system is activated as a hazard warning system). Accordingly, when the brake pedal is applied, if the adapter overrides the flashing effect of the front signal lamps it would impair their effectiveness, and be prohibited by Standard No. 108.; The adapter would be permissible as original equipment, however provided that the signals still flash when the brakes are applied, but a State would not be preempted from regulating it. Nothing in the standard precludes aftermarket sale of the adapter, but its use also would be subject to regulation by the individual States.; Yours truly, Richard B. Dyson, Assistant Chief Counsel