United States Department of TransportationInterpretation ID: aiam4506
Manager Strategic Business Development ARCO Solar
Inc. 4650 Adohr Lane P. O. Box 6032 Camarillo
CA 93010;
"Dear Mr. Starling: I am writing in response to your letter tha requested the National Highway Traffic Safety Administration's (NHTSA) interpretation as to whether the ARCO Solar 'G-33 Charge Saver' is an item of 'motor vehicle equipment', as defined in Section 102(4) of the National Traffic and Motor Vehicle Safety Act of 1966. I regret the delay in responding to your inquiry. The product literature you enclosed with your letter describes the 'G-33 Charge Saver' as a '12 Volt car battery maintenance system, designed to overcome natural battery self-discharge and drain from constant electrical loads...It is operated by simply placing it in sunlight on the dashboard and plugging it into the car lighter whenever the vehicle is parked.' It also claims that the 'G-33 Charge Saver' can help to: 'Extend Battery Life Prevent Dead Batteries Provide Quick Starts.' Section 102(4) of the National Traffic and Motor Vehicle Safety Act defines, in part, the term 'motor vehicle equipment' as: any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any accessory, or addition to the motor vehicle......(Emphasis added.) In determining whether an item of equipment is considered an 'accessory' the agency has looked at the following two factors: first, whether the item has no ostensible purpose other than use with a motor vehicle and second, whether it is intended to be used principally by ordinary users of motor vehicles. From the product literature provided, the ARCO Solar 'G-33 Charge Saver' is advertised for use with a motor vehicle and appears to be marketed for the ordinary user of motor vehicles, with emphasis on the ease of installation of the charge saver. We would therefore consider your solar powered battery charger to be a vehicle accessory and thus an item of motor vehicle equipment covered by the Vehicle Safety Act. If the ARCO Solar 'G-33 Charge Saver' will be installed in new or used vehicles by a commercial business, Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act could affect your product. That section of the Act requires manufacturers, distributors, dealers and motor vehicle repair businesses to ensure that they do not knowingly render inoperative any device or element of design installed on or in a motor vehicle in compliance with an applicable Federal Motor Vehicle Safety Standard (FMVSS). These businesses could sell your product, but could not install it if the installation would adversely affect the vehicle's compliance with any FMVSS. In the first instance, it would be the responsibility of these entities to determine whether there is any possibility of such an effect. The prohibitions of Section 108(a)(2)(A) do not apply to the actions of a vehicle owner in adding to or otherwise modifying his or her vehicle. Thus, a vehicle owner would not violate the Act by installing the ARCO Solar 'G-33 Charge Saver' even if doing so would adversely affect some safety feature in his or her vehicle. The Act also requires the recall and remedy of motor vehicles and motor vehicle equipment determined to contain a defect related to motor vehicle safety. If you or NHTSA determine that the ARCO Solar 'G-33 Charge Saver' contains such a defect, you must recall and repair or replace the item without charge to the purchaser. I am enclosing a copy of the Act, and an information sheet describing how you can obtain copies of our motor vehicle safety standards and any other NHTSA regulation. If you have any further questions, please let me know. Sincerely, Erika Z. Jones Chief Counsel";