United States Department of TransportationInterpretation ID: 2501y
President, Panda Technik
35656 Ashford
Sterling Heights, MI 48077
Dear Mr. Pickholz:
This is in reply to your letter of April l9, l990, enclosing a sample of a motor vehicle reflector, expressing your concern that "no laws or regulations are violated in the use" of it.
It is contemplated that the reflector will be distributed in the United States to enhance nighttime and adverse weather visibility of slow moving/stationery vehicles. The reflective efficiency is represented to be up to ten times that of conventional reflectors, such as those "required by law" on motor vehicles. The photograph you enclosed shows the reflectors mounted on a large, wide truck or trailer. The reflector "can be installed with simple hand tools", on either the front or rear of the vehicle.
It is apparent from your letter that Panda intends the reflector to be an aftermarket device, and one that is capable of installation by the vehicle owner. There are no Federal motor vehicle safety standards that apply to the reflector as an aftermarket device, and there is no Federal prohibition applicable to installation of the reflector by a vehicle owner.
There is a general prohibition of the National Traffic and Motor Vehicle Safety Act under which modifications may not be performed to vehicles in use, by manufacturers, distributors, dealers, and motor vehicle repair businesses, if they result in rendering inoperable, in whole or in part, any device or element of design installed in accordance with a Federal motor vehicle safety standard. Should the reflective efficiency and mounting location of your reflector result in a reduced ability of drivers of other vehicles to perceive the turn and stop signals of the vehicle on which the reflector is mounted, we would regard the turn and stop signals to have been rendered inoperable in part within the meaning of the prohibition. Thus, you should ensure that the device would not have this effect.
Supplementary lighting devices are also subject to the laws of the States in which they are sold and used. We are unable to advise you on State laws and suggest that you write the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203, for an opinion.
We are returning your sample.
Sincerely,
Paul Jackson Rice Chief Counsel ref:l08 d:6/l3/90