Interpretation ID: aiam4373
Bethell Company
P.O. Box 191
Colton
CA 92324-0087;
Dear Ms. Schonauer: Your letter of May 14, 1987, addressed to the office of Vehicle Safet Standards, was referred to me for reply. Along with your letter, you sent marketing literature, and samples of your product, a device you are marketing under the name 'Insta-cone.' Your literature indicates your intention to market this device principally as an emergency traffic warning device.; The product is made of bright orange corrugated paper and has thre connected triangular faces. You shipped your product folded along the legs of the triangles, and packaged in a clear paper wrapper. A user unfolds your device, and connects tabs and slots along the legs of the triangles to form a pyramid. At the base of two triangles that form the pyramid is a long tab with covered adhesive strips. According to your literature, a user assembles your product, uncovers the adhesive, and secures it to the ground with these adhesive tabs. Buried in one leg of the triangle is a small nail for securing the product in ground where the adhesive will not take hold.; You ask two questions. The first is whether this agency will send you letter stating that your product may be used to indicate the presence of a disable passenger vehicle. The second question is whether this agency will send you a 'statement...that it is a good idea for passenger vehicles to have a first aid kit, (your product), or even flares in the trunk in case of an accident or breakdown.'; The National Highway Traffic Safety Administration (NHTSA) is an agenc of the Department of Transportation, and has authority to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. However, NHTSA does not approve nor certify motor vehicles or motor vehicle equipment, or endorse any commercial product. Instead, the National Traffic and Motor Vehicle Safety Act establishes a 'self-certification' process under which each manufacturer must certify that its product meets agency safety standards, or other applicable standards. Periodically, NHTSA tests whether vehicles or equipment comply with these standards, and may investigate alleged safety-related product defects.; Standard 125, *Warning Devices* sets uniform design specifications fo devices used to warn approaching traffic of the presence of a disabled vehicle. The Standard applies to any such device without a self-contained energy source that it designed to be carried in motor vehicles and erected when needed to warn approaching traffic. Your product is an item of motor vehicle equipment, and falls under this Standard. Thus, the 'Insta-Cone' must meet the requirements of Standard 125, such as those on configuration, color, and reflectivity. The Vehicle Safety Act provides for a civil penalty of $1,000 for each violation of a safety standard and a maximum penalty of $800,000 for a series of violations. In addition, the Vehicle Safety Act requires manufacturers to remedy their products if they fail to comply with all applicable safety standards.; In answer to your first question, you do not need a letter from thi agency to market your device as a motor vehicle equipment for use to warn approaching traffic of the presence of a stopped vehicle, so long as your device meets FMVSS 125 requirements. However, NHTSA's preliminary review of your product indicates that the 'Insta- cone' may not comply with the color, reflectivity, luminance, stability, and durability requirements of Standard 125. If your product fails to meet these or other Standard 125 requirements, you cannot legally market and sell it as a warning device.; As I stated earlier in this letter, this agency does not endors commercial products. In answer to your second question, NHTSA must decline to supply you with the kind of statement you suggest.; Sincerely, Erika Z. Jones, Chief Counsel