Interpretation ID: aiam2357
Esq.
Messrs. Chester
Hoffman
Park
Willcox
& Rose
16 East Broad Street
Columbus
OH
43215;
>>> Re: W.B. Marvin Manufacturing Co.<<< Dear Mr. Willcox: This is in reply to your letter of June 16, 1976, asking severa questions with respect to the applicability of 15 USC 1397(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act and Federal Motor Vehicle Safety Standard No. 108 (49 CFR 571.108) to a product manufactured by your client, the W.B. Marvin Manufacturing Company. This product is 'a screen which fits on the front part of the automobile and protects the radiator, headlamps and other lower parts of the car' from bugs.; W.B. Marvin would not be in violation of either the Act or Standard No 108 by manufacturing and selling these screens. Such liability as may exist centers on the installation of them. Standard No. 108 establishes requirements for lighting equipment on new motor vehicles, and for replacement equipment. One of the requirements of SAE Standard J580a, *Sealed Beam Headlamp*, June 1966, incorporated by reference in Standard No. 108, is that ' a headlamp, when in use, shall not have any styling or other feature, such as a glass cover or grille in front of the lens.' Since the screen is positioned in front of the headlamps it would be an 'other feature' of the type intended to be prohibited by the standard if, as appears likely, it affects compliance with headlamp photometrics (SAE Standard J579) or headlamp aim (SAE Standard J580). If installation results in a noncompliance, the screen could not, therefore, be legally installed by a vehicle manufacturer, distributor, or dealer as original equipment on a motor vehicle.; As for replacement equipment, under Section 1397 (a)(2)(A) of the Ac an automobile owner may himself modify his vehicle in any manner he chooses, but modifications performed at his request by others may not 'render inoperative in whole or part, any device or element of design installed on . . . a motor vehicle . . . in compliance with an applicable Federal motor vehicle safety standard.' If installation of the screen affects compliance with headlamp photometrics or other requirements, then it would appear to 'render inoperative' a lighting device installed in accordance with a Federal motor vehicle safety standard, within the meaning of Section 1397(a)(2)(A). Installation by the auto service center of the retailer would therefore be prohibited, since such a facility is deemed a 'motor vehicle repair business.'; There are no Federal motor vehicle safety standards that directly appl to the screen as an item of motor vehicle equipment, nor do I know of any other Federal regulation affecting it.; I hope this letter is responsive to your questions. Yours truly, Frank Berndt, Acting Chief Counsel