Interpretation ID: 15542.drn

Mr. Neil Henderson
General Manager
Concept Works, Inc.
55 Oscaleta Road
South Salem, NY 10590

Dear Mr. Henderson:

This responds to your July 1, 1997, request for an interpretation whether an emergency reflective triangle your company plans to distribute must meet Federal Motor Vehicle Safety Standard No. 125 Warning devices. The answer is no.

Your letter states that the emergency reflective triangle will be distributed as part of a promotional road kit. In a telephone conversation with Dorothy Nakama of my staff, you stated that your company intends to distribute the kit to regular motorists, and not to commercial drivers.

Since October 31, 1994, Standard No. 125 has applied only to warning devices, without self-contained energy sources, that are designed to be carried in buses and trucks that have a gross vehicle weight rating (GVWR) greater than 10,000 pounds. Since your reflective triangle is intended for use with vehicles other than buses and trucks, Standard No. 125 does not apply to your triangle.

Please note that if your triangle does not meet all of Standard No. 125's specifications, you must ensure that the triangle is not marked with the symbol "DOT" and does not include the statement that the warning device complies with all applicable Federal motor vehicle safety standards.

I hope this information is helpful. If you need further information, please contact Dorothy Nakama of my staff at (202) 366-2992.

Sincerely,
John Womack
Acting Chief Counsel
ref:125
d:7/25/97