Interpretation ID: 1984-1.20

TYPE: INTERPRETATION-NHTSA

DATE: 03/09/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Proto-Systems Inc. -- Barry M. Davis, Vice President

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Barry M. Davis Vice President Proto-Systems, Inc. P.O. Box 871 Pembroke, Massachusetts 02359

This is in reply to your letter of December 29, 1983, with respect to the "Headlight Kit" which you manufacture as "an aftermarket add on headlamp concealment device for the Camaro." You have stated that it will be sold in retail outlets and be offered by Chevrolet dealers as a new car option. You have asked whether the product requires certification under Safety Standard No. 112 and, if so, how may it be included in your packaging and promotional material. If you are not required to certify, you would like to know if you may use the DOT symbol and the phrase "meets Federal safety standards" on your packaging.

We have two types of safety standards: those that vehicles must meet, and those that individual equipment items must meet. Safety Standard No. 112, Headlamp Concealment Devices, is an example of the former; when equipped with a headlamp concealment device, a vehicle must meet certain performance requirements. The vehicle must meet these requirements at the time of sale to the first purchaser for purposes other than resale, and be certified as meeting the requirements. Certification of compliance with the vehicle safety standards is provided by the vehicle manufacturer; however, if the vehicle is altered before its sale, in more than a minor way, the alterer must provide an additional certification identifying himself as a modifier and that the vehicle as modified continues to meet the standards. Assuming that Chevrolet dealers perform the modification, it is they, not you, who must apply the alterer's label. The alterer's certification requirements are contained in 49 CFR Section 567.7.

Once a vehicle has been sold, no alterer's certification is required, but the party performing the alterations is required to insure that he is not "rendering inoperative in whole or in part" the headlighting system. We would interpret this to mean that if the concealment system's performance were not the equivalent of that obtainable under Standard No. 112 a violation might exist. This prohibition is established by Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act. However, the prohibition does not preclude the vehicle owner from himself making any modification he chooses (subject, of course, to local law).

This means that regardless of whether your system is sold to new car dealers or to retail stores in the aftermarket your company has no certification responsibility. Thus, the use of a DOT symbol would be improper and could even be viewed as technically false and misleading under Section 108(a)(1)(C) of the Act, for which a civil penalty might be imposed. The phrase "meets Federal safety standards" is also inaccurate. However, if your tests and other data clearly indicate that a Camaro would meet Standard No. 112 with the system in place, we would not object to your including a qualifying phrase such as "Vehicle can meet Federal Motor Vehicle Safety Standard No. 112 if system is installed in accordance with instructions." That would afford a basis upon which the new car dealer could rely in affixing his alterer's label, and would reassure an after-sale modifier that he was not violating the Act.

I hope that this has been helpful to you. For your information, I enclose copies of Standard No. 112, 49 CFR Part 567, Certification, and the Act.

Sincerely,

Frank Berndt Chief Counsel

Dear Mr. Berndt:

I am a manufacturer of aftermarket automotive accessories. We are in the process of developing a product which may or may not involve coverage under a safety standard in CFR title 49. I have received conflicting opinions about wheater the product is covered and finallly was referred to you by Steve Oesch of your office.

The product we are going to produce called the "Headlight Kit" will be sold as an after maket add-on headlamp concealment device for the Carmo. It will be sold in retail outlets and be offered by car dealers as a new car option.

Briefly, the device operates by means of a motorized, opaque panel which covers the existing stationary headlamps. When the normal healight switch is operated the panels covering both sets of headlamps drops down leaving the beams unconstructed.

It was brought to my attention by Mr. Van Iderstien and Mr. Medlin, safety standard engineers in the office of vehicle safety standards, division of crash avoidance, that our product was covered under Code of Federal Regulations title 49 part 566 section 571.112 concerning headlamp concealment devices, and SAE standard J579c concerning beam pattern requirements for sealed beam headlamp.

Our Headling Kit has been designed to comply fully with all provisions of the standards.

This is of particular importance to us because our competitors' products do not comply. It is our intention to represent this product as being in full compliance with Federal safety standards. We are currently printing promotional and packaging material and recently need your response to the following:

1. Does this prouct require certification under 571.112?

2. If certification is required, what is the procedure for allowing us to include this certification on our packaging and promotional materials?

3. If certification is not required, may we still include on our package:

a. The symbol - "DOT" b. The phrase - "Meets federal safety standards"

Please call me with any question. Our production schedules have already been made. Your prompt attention would be greatly appreciated.

Sincerely,

Barry M. Davis Vice President, Proto-Systems, Inc. BMD/dmj