ID: 11244

Mr. Ben Ray
Route 2, Box 229-E
Savannah, TN 38372

Dear Mr. Ray:

This responds to your letter asking about Federal requirements for automatic brake adjusters on log trailers. According to your letter, you manufacture log trailers, using used axles that already have what you call "regular" (i.e., manual) brake adjusters on them. In an October 13, 1995 telephone conversation with Mr. Marvin Shaw of my staff, you further stated that the wheels, brakes, and suspension are typically used, but that occasionally you use new brake systems. You also clarified that these trailers are used on the public roads as well as in the woods for transporting logs to the mills. You asked whether it is permissible to use manual brake adjusters instead of automatic adjusters. The answer depends on whether your log trailers are equipped with new or used components and the trailer continues to use the Vehicle Identification Number (VIN) and to be owned by the user of the reassembled vehicle.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) issues safety standards for new motor vehicles and new motor vehicle equipment. The agency does not provide approvals of motor vehicles or motor vehicle equipment. Instead, manufacturers are required to certify that their vehicles or equipment meet all applicable standards. One such standard is Standard No. 121, Air brake system, which requires new trailers to be equipped with automatic brake adjusters. The following represents our opinion based on the facts provided in your letter.

NHTSA's regulations specifically address the question of when trailers produced by combining new components and used materials are considered to be new trailers. Section 49 CFR 571.7(f) states that when new and used components are used in trailer manufacture, the trailer will be considered "newly manufactured" unless each of the following three conditions is true with respect to the trailer. First, the trailer running gear assembly, which includes the axle(s), wheels, braking and suspension, is not new and was taken from an existing trailer. Second, the existing trailer's identity is continued in the reassembled vehicle with respect to the VIN. Third, the existing trailer is owned or leased by the user of the reassembled vehicle.

In other words, a log trailer will generally be considered newly manufactured, unless all these conditions are met. If a trailer is considered newly manufactured, then it must comply with the

current requirements applicable to trailers. Among other things, this means that the trailer must be equipped with automatic adjusters. If a trailer meets these three conditions, then it is considered not newly manufactured and may be equipped with manual adjusters.

I hope this information is helpful. If you have any questions about NHTSA's safety standards, please feel free to contact Marvin Shaw at this address or by telephone at (202) 366-2992.

Sincerely,

Samuel J. Dubbin Chief Counsel

ref:121# 571 d:11/9/95

ID: 12339.ZTV

Mr. Paul J. M. Angrisano, III
Marketing, A.P.S.
762 S. Rampart St.
New Orleans, LA 70113

FAX: 504-558-0969

Dear Mr. Angrisano:

On August 29, 1996, we responded to your letter which we received on August 14, 1996, with respect to whether it is permissible to alter daytime running lamps without violating a Federal regulation. I would now like to clarify a statement in that letter.

You asked for confirmation that "no installer or individual who disconnects or alters existing Daytime Running Lights on a 1997 vehicle is in violation of any federal law. Alteration of Daytime Running lights is completely legal at the owners discretion."

We confirmed your statement, and replied that, while Standard No. 108 contains specifications for daytime running lamps (DRLs), it does not require manufacturers to provide them. Although there is a statutory prohibition (Title 49, United States Code Sec. 30122) that manufacturers, distributors, dealers and motor vehicle repair businesses may not make inoperative any device or element of design installed in accordance with a Federal motor vehicle safety standard, this prohibition does not apply to DRLs because a motor vehicle need not be equipped with DRLs in order to comply with Standard No. 108.

Although a manufacturer is not required to provide DRLs, Standard No. 108 specifies performance requirements that DRLs must meet if a vehicle is equipped with them. The clarification I wish to provide is that manufacturers, distributors, dealers and motor vehicle repair businesses, while free to disconnect DRLs or provide on-off switches, may not alter the performance specifications of DRLs in a manner that would make them not comply with the performance requirements specified for DRLs in the standard. The specified performance requirements exist specifically to prevent impairment of the performance of other lighting equipment, such as turn signals, from performing the function for which they are intended, or impairment of rearview mirrors through the creation of glare. We would regard these

circumstances as a "making inoperative" within the meaning of the statutory phrase. If a dealer or distributor performed such a modification before the initial sale of a vehicle, we could view this as a noncompliance with Paragraph S5.1.3 of Standard No. 108.

If you have any further questions, you may call Taylor Vinson of this Office (202-366-5263).

Sincerely,

John Womack

Acting Chief Counsel

ref:108

d:9/30/96

ID: nht71-1.12

DATE: FEBRUARY 23, 1971

FROM: AUTHOR UNAVAILABLE; L. R. Schneider; NHTSA

TO: E. W. Kintner, Esq.

TITLE: FMVSS INTERPRETATION

TEXT: Re: Petition for Rulemaking - Proposed Amendment of S4.5.6, Federal Motor Vehicle Safety Standard 109, As Revised, October 31, 1970.

This is in response to the petition for rulemaking of January 19 submitted on behalf of your client, Ideal Corporation, for an amendment of S4.5.6 of Federal Motor Vehicle Safety Standard No. 10, Lamps, Reflective Dev cos, and Associated Equipment, 35 F.R. 16840.

It is our understanding, based upon the meeting held on February 2 between representatives of your firm, Ideal Corporation, and NHSTA, that you client wishes to continue its established marketing practice of selling variable load flashers in the after market and of advertising these flashers as "all purpose" flashers. We understand further that variable load flashers frequently are purchased as replacements for fixed load flashers. When a variable load flasher is installed as a replacement for an original equipment fixed load flasher, it does not provide the outage indication required by S4.5.6. Your client therefore questions whether, under these circumstances, it could properly certify compliance with Standard No. 10 when the standard becomes applicable to replacement equipment.

The amendment proposed in the petition would add the following sentence to S4.5.6:

"Variable load flashers are permitted as replacement equipment by Standard 10 for any vehicle contemplated by Paragraph S2 herein, where such devices shall operate in accordance with Tables I and III, as applicable."

In our view Standard No. 108 permits your client to continue its practice and to properly certify compliance. S2 states in pertinent part that the standard applies to "lamps, reflective devices, and associated equipment for replacement of like equipment on vehicles to which this standard applies." This means that equipment must comply with applicable requirements regardless of whether it is used as original or replacement equipment. For example, original and replacement variable load flashers must both meet the appropriate requirements of SAE Standard J570b, "Automotive Turn Signal Flashers," October 1). It is not intended that a variable load flasher used as replacement for a fixed load flasher must provide the outage indication required by S4.5.6 for vehicles originally equipped with a fixed load flasher.

Although there presently is no legal prohibition on the advertising and sale of variable load flashers, we believe that your client should, in the interest of safety, either market variable load flashers only as replacements for like items or call prospective purchasers' attention to the fact that the flashers do not provide an outage indication. While the owner of a vehicle originally equipped with a fixed load flasher should be free to balance the merits of a fixed load flasher (such as the outage indication) with those of a variable load flasher (such as the continuing flash), he should not be misled as to the characteristics of each type, including the one with which his vehicle was originally equipped.

Please advise us within 10 days of the date of this letter if you wish to pursue this petition further; otherwise we shall consider the petition withdrawn.

ID: nht94-8.10

DATE: February 15, 1994

FROM: Thomas D. Turner -- Manager, Engineering Services, Blue Bird Body Company

TO: George Entwistle -- Office of Vehicle Safety Compliance, NHTSA

COPYEE: Robert Hellmuth -- OVSC, NHTSA; Thomas Turner -- Specialty Manufacturing Co.

TITLE: NEF-31GEn/NCI 3302

ATTACHMT: Attached to letter dated 4/8/94 from John Womack to Thomas Turner (A42; Std. 131); Also attached to letter dated 1/26/83 from Frank Berndt to Thomas D. Turner

TEXT:

Last Week I received by FAX an advanced copy of NCI 3302 concerning an apparent non-compliance of stop arms with strobe lights to FMVSS 131 Section S6.2.2, "Flash Rate." Blue Bird is forwarding a copy of NCI 3302 to our supplier of stop arms, Specialty Manufacturing Company in Pineville, North Carolina, so that they can determine if a non-compliance exists.

In studying the requirements of S5.3, a question has arisen. S5.3 Conspicuity states "The stop signal arm shall comply with either S5.3.1 or S5.3.2, or both." Some of the stop arms we install are reflectorized and have strobe lights. Based on NCI 3302, it appears that the strobe lights do not comply with S6.2.2, so these stop arms do not comply with the "S5.3.2" or the "both" option of Section S5.3. However, these stop arms fully comply with the S5.3.1 option of Section S5.3; and the use of the strobe lights could be considered as optional lighting, not required by FMVSS 131 and therefore not required to meet the requirements of S6.2.

NOTE: As a general rule, supplemental lighting is permitted by Standard No. 108 as long as it does not "impair the effectiveness of lighting equipment" required by the standard. (See attached letter from Chief Counsel dated January 26, 1983.)

It is our understanding that a stop signal arm that fully complies with the requirements of S5.3.1 has satisfied the requirements of S5.3 Conspicuity, even if it has optional strobe lights installed that do not meet S5.3.2.

WE REQUEST CONFIRMATION THAT THE OVSC CONSIDERS A REFLECTORIZE STOP SIGNAL ARM THAT FULLY COMPLIES WITH S5.3.1 AS COMPLIANT WITH S5.3 WITH OR WITHOUT STROBE LIGHTS INSTALLED.

Your immediate response is needed so that we can proceed with work on our response to NCI 3302.

ID: nht95-2.98

TYPE: INTERPRETATION-NHTSA

DATE: May 30, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Barbara Bailey -- Administrative Assistant, Camp Berachah Christian Retreat Center

TITLE: NONE

ATTACHMT: ATTACHED TO 3/8/95 LETTER FROM BARBARA BAILEY TO WALTER MYERS

TEXT: Dear Ms. Bailey:

This responds to your letter and telephone call to Walter Myers of this office asking two questions about new 15-passenger vans that Camp Berachah leased from a dealer. I apologize for the delay in this response.

You first asked whether we require the leased vans to comply with our Federal motor vehicle safety standards (FMVSS) for school buses. You also asked whether we require the vans to comply with those FMVSSs if Camp Berachah loaned or subleased them to a school. Subject to a few considerations, the answer to both questions is no.

Some background information on our school bus regulations would be helpful. Our regulations require any person selling or leasing a new vehicle to sell or lease a vehicle that meets all FMVSSs applicable to that vehicle. Accordingly, persons selling or leasing a new school bus must sell or lease a vehicle that meets the FMVSSs applicable to school buses. Under 49 U.S.C. @ 30101, et seq. (referred to as Safety Act), a school bus is any vehicle that carries 11 or more persons and which is likely to be significantly used to transport students to or from school or related events. Thus, persons selling or leasing a new vehicle that carries 11 or more persons and which is likely to be significantly used to carry students is selling or leasing a new schoo l bus. That means that the new vehicle must meet the school bus FMVSSs.

The FMVSSs apply only to new vehicles prior to sale to the first retail purchaser. The onus of complying with the school bus regulations is mainly on the seller or dealer to ensure that each new school bus it sells or leases has been certified to the sc hool bus FMVSSs. The purchaser, on the other hand, is not subject to such constraints. Under our school bus regulations, the purchaser is free to use any vehicle to transport school children. That is because this agency does not regulate the use of ve hicles once they have been sold at retail.

Turning to your questions, we answer no to your first question based on the following. It was unclear from your letter whether Camp Berachah is connected with a school. In directing NHTSA to issue its school bus regulations, Congress considered buses u sed to transport children to camps connected with schools to be subject to the school bus FMVSSs. However, you clarified the nature of Camp Berachah in your conversation with Mr. Myers. You said that Camp Berachah is independent from any school and is not in any way affiliated with a school. Based on that information, Camp Berachah does not appear to be a school.

Thus, our school bus regulations do not require the leasing of complying school buses for Camp Berachah purposes.

In your second question, you asked whether the new leased vans had to comply with the school bus FMVSSs if Camp Berachah lent, rented or subleased them to a school. The answer depends on whether the vans are significantly used for pupil transportation, and if so, whether the dealer knew or should have known of such use. New vans that are likely to be significantly used to transport school children would be school buses, and the dealer leasing the new van is required to lease certified school buses. U se of the vans on a one-time or occasional basis would not constitute significant use as a school bus. However, if Camp Berachah were to sublease the vans to a school for long-term use, we believe the use of those vans for school transportation would be significant within the meaning of the Safety Act. Accordingly, the leasing company could not lease a new van for this purpose.

You should also note that the states have the authority to regulate the use of vehicles by motorists. Thus, although NHTSA does not require the sale or use of complying school buses in the situations you described, Washington does have such authority. You may wish to contact the state director of pupil transportation to learn more about any state requirements applicable to vehicles used as school buses.

In closing, we would like to note that school buses are one of the safest forms of transportation in this country. We therefore strongly recommend that all 15-passenger vans that are used to transport school children be certified as meeting the school b us safety standards.

I hope this information is helpful. Should you have any further questions or need additional information, please feel free to contact Mr. Myers at this address or at (202) 366-2992.

ID: 10786

Ms. Barbara Bailey
Administrative Assistant
Camp Berachah Christian Retreat Center
19830 S.E. 328th Place
Auburn, WA 98092-2212

Dear Ms. Bailey:

This responds to your letter and telephone call to Walter Myers of this office asking two questions about new 15-passenger vans that Camp Berachah leased from a dealer. I apologize for the delay in this response.

You first asked whether we require the leased vans to comply with our Federal motor vehicle safety standards (FMVSS) for school buses. You also asked whether we require the vans to comply with those FMVSSs if Camp Berachah loaned or subleased them to a school. Subject to a few considerations, the answer to both questions is no.

Some background information on our school bus regulations would be helpful. Our regulations require any person selling or leasing a new vehicle to sell or lease a vehicle that meets all FMVSSs applicable to that vehicle. Accordingly, persons selling or leasing a new school bus must sell or lease a vehicle that meets the FMVSSs applicable to school buses. Under 49 U.S.C. '30101, et seq. (referred to as Safety Act), a school bus is any vehicle that carries 11 or more persons and which is likely to be significantly used to transport students to or from school or related events. Thus, persons selling or leasing a new vehicle that carries 11 or more persons and which is likely to be significantly used to carry students is selling or leasing a new school bus. That means that the new vehicle must meet the school bus FMVSSs.

The FMVSSs apply only to new vehicles prior to sale to the first retail purchaser. The onus of complying with the school bus regulations is mainly on the seller or dealer to ensure that each new school bus it sells or leases has been certified to the school bus FMVSSs. The purchaser, on the other hand, is

not subject to such constraints. Under our school bus regulations, the purchaser is free to use any vehicle to transport school children. That is because this agency does not regulate the use of vehicles once they have been sold at retail.

Turning to your questions, we answer no to your first question based on the following. It was unclear from your letter whether Camp Berachah is connected with a school. In directing NHTSA to issue its school bus regulations, Congress considered buses used to transport children to camps connected with schools to be subject to the school bus FMVSSs. However, you clarified the nature of Camp Berachah in your conversation with Mr. Myers. You said that Camp Berachah is independent from any school and is not in any way affiliated with a school. Based on that information, Camp Berachah does not appear to be a school. Thus, our school bus regulations do not require the leasing of complying school buses for Camp Berachah purposes.

In your second question, you asked whether the new leased vans had to comply with the school bus FMVSSs if Camp Berachah lent, rented or subleased them to a school. The answer depends on whether the vans are significantly used for pupil transportation, and if so, whether the dealer knew or should have known of such use. New vans that are likely to be significantly used to transport school children would be school buses, and the dealer leasing the new van is required to lease certified school buses. Use of the vans on a one-time or occasional basis would not constitute significant use as a school bus. However, if Camp Berachah were to sublease the vans to a school for long-term use, we believe the use of those vans for school transportation would be significant within the meaning of the Safety Act. Accordingly, the leasing company could not lease a new van for this purpose.

You should also note that the states have the authority to regulate the use of vehicles by motorists. Thus, although NHTSA does not require the sale or use of complying school buses in the situations you described, Washington does have such authority. You may wish to contact the state director of pupil transportation to learn more about any state requirements applicable to vehicles used as school buses.

In closing, we would like to note that school buses are one of the safest forms of transportation in this country. We therefore strongly recommend that all 15- passenger vans that are used to transport school children be certified as meeting the school bus safety standards.

I hope this information is helpful. Should you have any further questions or need additional information, please feel free to contact Mr. Myers at this address or at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

ref:571 d:5/30/95

ID: nht94-2.31

TYPE: Interpretation-NHTSA

DATE: April 12, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Eldon J. McLauchlin -- President, Valley Automotive Specialties, Inc. (Spokane, Washington)

TITLE: None

ATTACHMT: Attached to letter dated 1/25/94 from Eldon J. McLauchlin to John Womack (OCC 9612)

TEXT:

This responds to your January 25, 1994, letter asking about how this agency's regulations might apply to your product, the Automated Fire Extinguisher System (AFES). You state that your product's purpose is to allow the operators and occupants of a vehi cle to exit safely in the event of a fire. Apparently, the AFES sensors will detect smoke and heat and respond by automatically opening some sort of control valve, whereupon a manifold assembly with "strategically placed directional nozzles" will flood the passenger compartment with some sort of fire extinguisher/retardant. You do not state what kind of fire extinguisher/retardant is used. You explain that the automatic nature of this system will provide time to extract even an unconscious or incapac itated operator or occupant.

Apparently, the AFES has wide applicability. You explain that the AFES proto-type can be installed in a car, truck, boat, RV, or bus or other vehicle running on a 12 volt battery. Apparently you will modify the AFES so that it will run off the 110 volt current in homes and commercial buildings.

I am pleased to have this opportunity to explain our regulations. By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards (FMVSS'S) for new motor vehicles and new items of motor vehicle equipment. Section 102(4) of the National Traffic and Motor Vehicle Safety Act (the "Safety Act") defines, in relevant 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 t he motor vehicle... (emphasis added).

In determining whether an item of equipment is considered an accessory, NHTSA applies two criteria. The first criterion is whether a substantial portion of the expected use of the item is related to the operation or maintenance of motor vehicles. We de termine a product's expected use by considering product advertising, product labeling, and the type of store that retails the product, as well as available information about the actual use of the product. The second criterion is whether the product is i ntended to be used principally by ordinary users of motor vehicles. If the product satisfies both criteria, then the product is considered to be an "accessory" and thus is subject to the provisions of the Safety Act.

Applying these criteria to the AFES, it appears that this product would be an accessory and thus an item of motor vehicle equipment under the Safety Act. Based on our understanding of the product, it appears that a substantial

portion of the expected use of the AFES system relates to motor vehicle operation. The system is intended to protect anyone occupying a vehicle when a fire occurs. Also, it appears that the product would typically be used by ordinary users of motor veh icles.

While it appears that the AFES system is an item of motor vehicle equipment, NHTSA has not issued any standards for such a device. Nevertheless, there are other Federal laws that indirectly affect the manufacture and sale of your product. You as the pr oduct's manufacturer are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines 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.

We have some concerns about the safety impacts if the AFES were to activate while the vehicle is moving. Is it possible, for example, that a driver smoking in the car on a hot day could accidentally set off the sensors, or that they could malfunction sp ontaneously? Although we do not know what will be coming through the nozzles (fluid, foam, and inert gases are common fire extinguishing agents), we are concerned that AFES activation could cause the driver to lose control in what is otherwise a control lable situation. We urge you to thoroughly consider these and other factors that could affect the safety of motor vehicle operation.

If the AFES were installed by a vehicle manufacturer as original equipment, the vehicle manufacturer would have to certify that the vehicle with the AFES installed complies with all FMVSS's. Among the FMVSS's that might be affected by certain AFES insta llations are Standard No. 201, "Occupant Protection in Interior Impact," and Standard No. 208, "Occupant Crash Protection."

A commercial business that installs the AFES system would also be subject to provisions of the Safety Act that affect modifications of new or used vehicles. Section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)) provides that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle ... in compliance with an applicable F ederal motor vehicle safety standard.

This means that a manufacturer, distributor, dealer, or motor vehicle repair business must not install your device if the system renders inoperative the vehicle's compliance with the FMVSS's. For instance, compliance with Standard No. 208 might be degra ded if it were necessary to mount the AFES manifold or directional nozzles in front of the driver or passenger. Any violation of this "render inoperative" prohibition would subject the violator to a potential civil penalty of up to $1,000 for each viola tion.

Please note also that the render inoperative prohibition does not apply to modifications that vehicle owners make to their own vehicles. Thus, Federal law would not apply in situations where individual vehicle owners install the AFES in their own vehicl es, even if the installation were to result in the vehicle no longer complying with the safety standards. However, NHTSA

encourages vehicle owners not to degrade any safety device or system installed in their vehicles. In addition, individual States have the authority to regulate modifications that individual vehicle owners may make to their vehicles, so you might wish to consult State regulations to see whether your device would be permitted.

I hope this information is helpful. I am also enclosing a copy of a fact sheet titled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment." If you have any further questions about NHTSA's safety standards, please feel free to contact us at this address or by telephone at (202) 366-2992.

ID: 2901yy

Mr. Stanley L. Dembecki
2303 N. 44th Street, #14-237
Phoenix, AZ 80058

Dear Mr. Dembecki:

This responds to your letter of March 1, 1991, asking for an "evaluation" of your "Flashing' center stop lamp. You have four prototypes: "complete" one and two bulb units "for l984 and older vehicles", and one and two "electronic modules for all third safety brake light retrofits through 1991." In your opinion, "since the new safety brake light utilizes the existing brake light (retrofit) on a previously approved brake light assembly it is reasoned that any evaluation as to durability testing is not really needed."

We understand that your "complete" unit for the older vehicles is a lamp. It is unclear whether the "electronic module" intended for retrofit for newer vehicles is a separate lamp, or a device to be inserted into an existing lamp. However, the issue that your invention presents is not whether further testing of it is required, but whether it is permitted at all under applicable Federal statutes and regulations. We note that you would like to market it both for installation in passenger cars that already have a center lamp, and in those that do not. In short, you intend to sell the lamp/module in the aftermarket for installation on vehicles in use, rather than as original equipment installed by the manufacturer.

Center highmounted stop lamps have been required by Federal Motor Vehicle Safety Standard No. l08 on all passenger cars manufactured on or after September 1, l985 (effectively the l986 model year). You indicate that your lamp flashes momentarily when the brake pedal is applied and thereafter the lamp is steady-burning. Standard No. l08 initially allowed the center lamp to be wired so as to flash with the turn signals but, since September 1, l986, has required the center lamp to be steady-burning at all times when in use. Because your invention is not steady-burning at all times, and is activated by the brake pedal and not the turn signal control, the sale or installation of the invention may be prohibited by Federal law. If this invention is a lamp, it is not a center lamp that conforms to either the initial or current requirements of Standard No. l08 for center lamps. If, on the other hand, it is a module intended for insertion into an existing lamp, its sale or installation could violate existing Federal requirements.

The National Traffic and Motor Vehicle Safety Act forbids the sale of equipment that does not comply with a Federal motor vehicle safety standard. If your invention is sold as a lamp, and intended to replace original equipment center lamps on l986 and subsequent model year cars, its sale would be in violation of the Act. On the other hand, there is no similar prohibition on sale of componentry such as an electronic module that would create a noncompliance once installed. However, there is a prohibition on the installation of such componentry (as well as installation of the invention in lamp form on l986 and subsequent model year cars). The Act forbids a manufacturer, distributor, dealer, or motor vehicle repair business from rendering inoperative in whole or in part any equipment on a vehicle which has been installed pursuant to a Federal motor vehicle safety standard. We interpret this as forbidding the installation of equipment that would take a vehicle out of compliance with a Federal safety standard.

With respect to l985 model and older cars, which Standard No. l08 did not require to be equipped with center lamps, sale of your lamp exclusively for use on these older vehicles would not violate the Act. However, its installation remains subject to the rendering inoperative prohibition discussed above. There are other Federal standards involving equipment to consider. For example, we would be concerned if your lamp interfered with the field of view of the interior rear view mirror, and if its installation would affect the wiring of the other stop lamps so as to interfere with their design performance. However, there should be no problem with the field of view requirements if the lamp size is comparable to the required center lamps.

Once you have satisfied these concerns under Federal law, use of the lamp remains subject to the laws of the individual States in which it is used. We are unable to advise you on these laws, and suggest that you consult for an opinion the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.

Sincerely,

Paul Jackson Rice Chief Counsel ref:l08 d:3/25/9l

ID: 2965yy

Mr. Stanley L. Dembecki
2303 N. 44th Street, #14-237
Phoenix, AZ 80058

Dear Mr. Dembecki:

This responds to your letter of March 1, 1991, asking for an "evaluation" of your "Flashing' center stop lamp. You have four prototypes: "complete" one and two bulb units "for l984 and older vehicles", and one and two "electronic modules for all third safety brake light retrofits through 1991." In your opinion, "since the new safety brake light utilizes the existing brake light (retrofit) on a previously approved brake light assembly it is reasoned that any evaluation as to durability testing is not really needed."

We understand that your "complete" unit for the older vehicles is a lamp. It is unclear whether the "electronic module" intended for retrofit for newer vehicles is a separate lamp, or a device to be inserted into an existing lamp. However, the issue that your invention presents is not whether further testing of it is required, but whether it is permitted at all under applicable Federal statutes and regulations. We note that you would like to market it both for installation in passenger cars that already have a center lamp, and in those that do not. In short, you intend to sell the lamp/module in the aftermarket for installation on vehicles in use, rather than as original equipment installed by the manufacturer.

Center highmounted stop lamps have been required by Federal Motor Vehicle Safety Standard No. l08 on all passenger cars manufactured on or after September 1, l985 (effectively the l986 model year). You indicate that your lamp flashes momentarily when the brake pedal is applied and thereafter the lamp is steady-burning. Standard No. l08 initially allowed the center lamp to be wired so as to flash with the turn signals but, since September 1, l986, has required the center lamp to be steady-burning at all times when in use. Because your invention is not steady-burning at all times, and is activated by the brake pedal and not the turn signal control, the sale or installation of the invention may be prohibited by Federal law. If this invention is a lamp, it is not a center lamp that conforms to either the initial or current requirements of Standard No. l08 for center lamps. If, on the other hand, it is a module intended for insertion into an existing lamp, its sale or installation could violate existing Federal requirements.

The National Traffic and Motor Vehicle Safety Act forbids the sale of equipment that does not comply with a Federal motor vehicle safety standard. If your invention is sold as a lamp, and intended to replace original equipment center lamps on l986 and subsequent model year cars, its sale would be in violation of the Act. On the other hand, there is no similar prohibition on sale of componentry such as an electronic module that would create a noncompliance once installed. However, there is a prohibition on the installation of such componentry (as well as installation of the invention in lamp form on l986 and subsequent model year cars). The Act forbids a manufacturer, distributor, dealer, or motor vehicle repair business from rendering inoperative in whole or in part any equipment on a vehicle which has been installed pursuant to a Federal motor vehicle safety standard. We interpret this as forbidding the installation of equipment that would take a vehicle out of compliance with a Federal safety standard.

With respect to l985 model and older cars, which Standard No. l08 did not require to be equipped with center lamps, sale of your lamp exclusively for use on these older vehicles would not violate the Act. However, its installation remains subject to the rendering inoperative prohibition discussed above. There are other Federal standards involving equipment to consider. For example, we would be concerned if your lamp interfered with the field of view of the interior rear view mirror, and if its installation would affect the wiring of the other stop lamps so as to interfere with their design performance. However, there should be no problem with the field of view requirements if the lamp size is comparable to the required center lamps.

Once you have satisfied these concerns under Federal law, use of the lamp remains subject to the laws of the individual States in which it is used. We are unable to advise you on these laws, and suggest that you consult for an opinion the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.

Sincerely,

Paul Jackson Rice Chief Counsel ref:l08 d:4/8/9l

ID: nht91-3.12

DATE: April 8, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Stanley L. Dembecki

TITLE: None

ATTACHMT: Attached to letter dated 3-1-91 from Stanley L. Dembecki to Paul Jackson Rice -- National Highway Safety Administration Office (OCC 5774)

TEXT:

This responds to your letter of March 1, 1991, asking for an "evaluation" of your "Flashing" center stop lamp. You have four prototypes: "complete" one and two bulb units "for 1984 and older vehicles", and one and two "electronic modules for all third safety brake light retrofits through 1991." In your opinion, "since the new safety brake light utilizes the existing brake light (retrofit) on a previously approved brake light assembly it is reasoned that any evaluation as to durability testing is not really needed."

We understand that your "complete" unit for the older vehicles is a lamp. It is unclear whether the "electronic module" intended for retrofit for newer vehicles is a separate lamp, or a device to be inserted into an existing lamp. However, the issue that your invention presents is not whether further testing of it is required, but whether it is permitted at all under applicable Federal statutes and regulations. We note that you would like to market it both for installation in passenger cars that already have a center lamp, and in those that do not. In short, you intend to sell the lamp/module in the aftermarket for installation on vehicles in use, rather than as original equipment installed by the manufacturer.

Center highmounted stop lamps have been required by Federal Motor Vehicle Safety Standard No. 108 on all passenger cars manufactured on or after September 1, 1985 (effectively the 1986 model year). You indicate that your lamp flashes momentarily when the brake pedal is applied and thereafter the lamp is steady-burning. Standard No. 108 initially allowed the center lamp to be wired so as to flash with the turn signals but, since September 1, 1986, has required the center lamp to be steady-burning at all times when in use. Because your invention is not steady-burning at all times, and is activated by the brake pedal and not the turn signal control, the sale or installation of the invention may be prohibited by Federal law. If this invention is a lamp, it is not a center lamp that conforms to either the initial or current requirements of Standard No. 108 for center lamps. If, on the other hand, it is a module intended for insertion into an existing lamp, its sale or installation could violate existing Federal requirements.

The National Traffic and Motor Vehicle Safety Act forbids the sale of equipment that does not comply with a Federal motor vehicle safety standard. If your invention is sold as a lamp, and intended to replace original equipment center lamps on 1986 and subsequent model year cars, its sale would be in violation of the Act. On the other hand, there is no similar prohibition on sale of componentry such as an electronic module

that would create a noncompliance once installed. However, there is a prohibition on the installation of such componentry (as well as installation of the invention in lamp form on 1986 and subsequent model year cars). The Act forbids a manufacturer, distributor, dealer, or motor vehicle repair business from rendering inoperative in whole or in part any equipment on a vehicle which has been installed pursuant to a Federal motor vehicle safety standard. We interpret this as forbidding the installation of equipment that would take a vehicle out of compliance with a Federal safety standard.

With respect to 1985 model and older cars, which Standard No. 108 did not require to be equipped with center lamps, sale of your lamp exclusively for use on these older vehicles would not violate the Act. However, its installation remains subject to the rendering inoperative prohibition discussed above. There are other Federal standards involving equipment to consider. For example, we would be concerned if your lamp interfered with the field of view of the interior rear view mirror, and if its installation would affect the wiring of the other stop lamps so as to interfere with their design performance. However, there should be no problem with the field of view requirements if the lamp size is comparable to the required center lamps.

Once you have satisfied these concerns under Federal law, use of the lamp remains subject to the laws of the individual States in which it is used. We are unable to advise you on these laws, and suggest that you consult for an opinion the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.