Interpretation ID: 1985-01.25

TYPE: INTERPRETATION-NHTSA

DATE: 02/01/85 EST

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Harleigh Ewell, Esq. -- Office of the General Counsel, U.S. Consumer Product Safety Commission

TITLE: FMVSS INTERPRETATION

TEXT:

Harleigh Ewell, Esq. Office of the General Counsel U.S. Consumer Product Safety Commission Washington, D.C. 20207

This responds to your letter asking whether a certain product would be considered an item of "motor vehicle equipment" within the meaning of section 102(4) of the National Traffic and Motor Vehicle Safety Act, as amended (15 U.S.C. 1391 (4)). The product is a "trouble light" which can be plugged into either a standard 120 volt outlet or a vehicle's cigarette lighter. The National Highway Traffic Safety Administration (NHTSA) does not consider this product to be an item of motor vehicle equipment.

The relevant language in section 102(4) specifies that any "accessory or addition to the motor vehicle" is considered an item of motor vehicle equipment. In previous interpretations of the section, NHTSA has considered a product to be an accessory if it has no ostensible purpose other than use with a motor vehicle and is intended to be used principally by ordinary users of the motor vehicle. The product with which you are concerned does not satisfy the first part of this test, since it is designed to be used both in the motor vehicle and in the home. Therefore, NHTSA does not consider this product to be an item of motor vehicle equipment.

Sincerely,

Frank Berndt Chief Counsel

U.S. CONSUMER PRODUCT SAFETY COMMISSION WASHINGTON, D.C. 20207

December 11, 1984

Frank Berndt, Chief Counsel National Highway Traffic Safety Administration 400 Seventh Street Washington, D.C. 20590

Dear Mr. Berndt:

Our staff has become aware of a possible defect in a "trouble light" that makes provision for use either plugged in to a standard 120 V socket or in to a car's cigarette lighter. The problem is that while the light is plugged in to the 120V socket, contact with the exposed lighter plug could result in exposure to either 60V or 120V, depending on whether the fluorescent light is turned on.

As you probably know, the Consumer Product Safety Act, at 15 U.S.C. S 2052(a)(1)(C), excludes "motor vehicles or motor vehicle equipment" from the definition of "consumer products" that the CPSC can address. Therefore, in order to help us determine whether CPSC has authority to take action with respect to this product, we would like to know NHTSA's views on whether the trouble light described above could be considered an item of "motor vehicle equipment" as defined by section 102(4) of the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. 1391(4).

Thank you for your cooperation. Please contact me if you have any questions.

Sincerely,

Harleigh Ewell Attorney