Interpretation ID: aiam3033
Jr.
Esq.
Messrs. Topkins
Gammin & Krattenmaker
151 Tremont Street
Boston MA 02111;
Dear Mr. Latshaw: RE: The Back Rack (T.M.) Carrier by Ennova, Inc. This is in reply to your letter of March 13, 1979, to John Womack o this office on behalf of your client Ennova, Inc. Ennova wishes to market a 'back rack carrier', and you have asked several questions with respect to its legality under Federal requirements. The photographs which you enclosed show that the carrier structure is attached to both the front and rear bumpers, and that loads may be carried on the top of the vehicle as well as on a shelf directly behind the vehicle's rear bumper.; Your questions and our answers are: '1. Are equipment carriers which fasten to a privately owned moto vehicle regulated by the National Highway Traffic and Safety Act (hereinafter, the NHTSA) so that state law in this area is preempted?; 2. Does the NHTSA contain any standards or regulations pertaining t roof racks or equipment carriers? Does the motor vehicle safety act contain any such regulations?'; An equipment carrier that attaches to a motor vehicle is an item o 'motor vehicle equipment' as defined by 15 U.S.C. 1391(4), and your client is a 'manufacturer' as defined by 15 U.S.C. 1391(5). There are no Federal motor vehicle safety standards that cover this type of motor vehicle equipment, and, therefore, a State is not preempted by 15 U.S.C. 1392(d)) (sic) from prescribing its own safety standards for it. If a safety related defect were discovered in the 'Back Rack', Ennova would be responsible for notification and remedy of it, as required by 15 U.S.C. 1411 *et seq*.; '3. Does the NHTSA establish any guidelines for motor vehicle bumper or fenders which the Back Rack (T.M.) Carrier appears to violate? Does the fact that the rear platform extends out behind the vehicle place the Rack in contravention of any Federal standards?; The Back Rack is intended to become affixed to the rear bumper in semipermanent manner and protrude therefrom. Does this bring the carrier into a regulated area? Is (sic) so, what is the citation of the regulations and what must be done to conform the platform to same?; 4. Does the height, width or depth of any aspect of the Back Rac (T.M.) Carrier present a problem?; 5. The structural supports of the Back Rack (T.M.) Carrier obscure th vehicle's lighting in some aspects both front and rear. Does the obstruction violate any provisions of the NHTSA or the Motor Vehicle Safety Act?; 8. If the Back Rack (T.M.) Carrier as it appears in the photograph were installed by a dealer, would it be in contravention of any federal law, standard or regulation exclusive of laws relating to products liability and defective equipment.'; Your questions concern our jurisdiction over a vehicle before and afte its sale to its first purchaser for purposes other than resale. A dealer has the responsiblity (sic) to deliver to its owner a new vehicle in full compliance with all applicable Federal motor vehicle safety standards. Paragraph S4.1.3 of Standard No. 108 prohibits the installation of any 'additional lamp, reflective device, or other motor vehicle equipment ... that impairs the effectiveness of lighting equipment required by this standard.' Paragraph S4.3.1 requires that 'no part of the vehicle shall prevent a parking lamp, taillamp, stop lamp, turn signal lamp, or backup lamp from meeting its photometric output at any applicable group of test points specified in Figures 1 and 3 [Standard No. 108], or prevent any other lamp from meeting the photometric output at any test point specified in any applicable 'SAE Standard on Recommended Practice'. Therefore, a dealer could not deliver a new car with the Back Rack installed if it impairs the effectiveness of the car's lamps or reflectors or impairs photometric output. After sale, a dealer (or distributor or manufacturer, but not the vehicle owner) has a responsibility under 15 U.S.C. 1397(a) (2) (A) of not 'knowingly rendering inoperative in whole or in part, any device or element design installed on ... a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard ....' In the context of Standard No. 108 we have equated a rendering inoperative with impaired effectiveness or impaired photometrics so that the same consideration would apply, a dealer could not install the Back Rack on a used vehicle if it affects compliance with Standard No. 108.; The installation of the Back Rack appears to present some complianc problems. Based upon an informal review and the photographs you submitted, the front part of the carrier may reduce headlamp candlepower output below the required minimum at several test points, as for example, at test points HV, H-3R and 3L and H 9R and 9L on the upper beam, and at test points 1 1/2 D-2R, 1/2 D-1 1/2 R on the low beam.; Looking at the turn signals which are required to have an 8.0 squar inch minimum projected luminous area, the carrier support design may mask them to the extent that the direction of the turn signal might not be clearly understood. The carrier support location may not allow these lamps to provide an unobstructed effective projected illuminated area of outer lens surface, excluding reflex, of at least 2 square inches, measured at 45 degrees to the longitudinal axis of the vehicle. This requirement must also be met by the taillamps. Further with respect to the taillamps, with the carrier in place, they may not be visible through a horizontal angle from 45 degrees to the left and/or right, as Standard No. 108 requries (sic).; The design location of the carrier supports may reduce the minimu effective projected luminous area of the stop lamps below the 8 square inch minimum of Standard No. 108.; As for backup lamps, the visibility requirements are complex, those o SAE Standard J593c as modified by S4.1.1.22 of Standard No. 108, but in essence the lamps must be 'readily visible' to use your phrase.; These interpretations are based upon the photographs you supplied, an are meant to be illustrative as there are many different lighting configurations on vehicles, and we do not know that the Back Rack would affect compliance in all instances.; '7. What are the dimensional requirements of headlight, parking directional and tail lights? What percentage of these lenses must be totally visible?'; Dimensional requirements of headlights conform to SAE J571d *Dimensional Specifications of Sealed Beam Headlamp Units*, June 1966, parking lights, SAE J 222, *Parking Lamps (Position Lamps)* December 1970, direction lights (turn signals) SAE J588e *Turn Signal Lamps (Rear Position Light)*, August 1970. Copies of the foregoing SAE Standards are attached. In addition, the minima and maxima of lens visibility requirements for parking lamps, turn signal lamps and taillamps are set forth in these SAE Standards. The minimum and maximum photometric requirements of headlights are set forth in SAE J 579a, August 1965 and J 579c, December 1974, as well as the design parameters of rectangular headlamp units SAE J 1132, *Sealed Beam Headlamp Units for Motor Vehicles* (copies also attached).; I hope this answers your questions. Sincerely, Frank Berndt, Chief Counsel