Interpretation ID: 20629.drn

Mr. Joseph P. Brennan
Vice President, Sales and Marketing
Sate-Lite Manufacturing Co.
6230 Gross Point Road
Niles, IL 60714

Dear Mr. Brennan:

This responds to your request for an interpretation whether your "new 12 oz. Automotive Emergency Warning Triangle" must meet Standard No. 125, Warning devices. You stated that the triangle is designed to be attached to a vehicle's window and can be deployed without leaving the automobile. In a telephone conversation with Dorothy Nakama of my staff, you stated that you will market the product for use with motor vehicles less than 10,000 pounds (lb) gross vehicle weight rating (GVWR). As explained below, because your warning triangle is designed to be carried in motor vehicles with a GVWR of 10,000 lb or less, Standard No. 125 does not apply to this product. However, since your product is "motor vehicle equipment," your company, Sate-Lite, as the manufacturer, is subject to the National Highway Traffic Safety Administration's (NHTSA's) laws.

NHTSA is authorized to issue Federal motor vehicle safety standards (FMVSSs) for new motor vehicles and new items of motor vehicle equipment. Unlike the practice in many countries, NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Instead, manufacturers are required to certify that their vehicles and equipment meet applicable standards.

Effective October 31, 1994, NHTSA amended Standard No. l25 so that the standard applies only to warning devices that are designed to be carried in buses and trucks that have a GVWR greater than 10,000 lb. (See 59 FR 49586; September 29, 1994, copy enclosed.) If sold for use with buses and trucks with a GVWR greater than 10,000 lb, your company's warning triangles must meet Standard No. 125's detailed specifications for a warning device. However, if the warning triangle is sold for use with vehicles with a GVWR of 10,000 lb or less, Standard No. 125 would not apply.

Please note, however, that even if not covered by Standard No. 125, your warning triangle, as an item of "motor vehicle equipment," is subject to various provisions of 49 U.S.C. Chapter 301, "Motor Vehicle Safety." Manufacturers of motor vehicles and motor vehicle equipment must ensure that their products are free of safety-related defects. If a manufacturer or NHTSA should determine that the product contains a safety-related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. (This responsibility is borne by the vehicle manufacturer in cases in which your devices are installed on a new vehicle by or with the express authorization of that vehicle manufacturer.)

You describe your product as meeting Standard No. 125's requirements for "retroreflectivity and fluorescence." In subsequent marketing efforts, please do not mention your product in conjunction with Standard No. 125. Although we understand that Sate-Lite is only citing the product's retroreflectivity and fluorescence features, we are concerned that some customers may interpret the statement to mean that the product meets all Standard No. 125 requirements. Customers who may believe your product meets Standard No. 125 may decide to use it in conjunction with vehicles 10,000 lb GVWR or greater, a use for which your product is not intended.

Finally, some states may regulate warning devices that vehicles 10,000 lb GVWR or less may or must use when the vehicle is stopped. Each state in which you sell your product can provide information whether there are any requirements in that state for warning devices to be used with vehicles that are 10,000 lb GVWR or less.

I hope this information is helpful. If you have any further questions, please feel free to contact Dorothy Nakama of my staff at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosure
ref:125#VSA
d.10/22/99