United States Department of TransportationInterpretation ID: 2664y
Industry Development Center
3M Commercial Graphics Div.
3M Center, BUilding 220-6W-06
St. Paul, MN 55144-1000
Dear Mr. Hirstein:
This is in reply to your letter of June 1, l990, to Taylor Vinson of this Office. One of your customers has asked whether 3M's Diamond Grade Reflective Sheeting can be used in a red and white block pattern on the side of a trailer for conspicuity without violating Standard No. l08. Your interpretation is that the Sheeting can be used in addition to devices meeting the requirements of Standard No. l08 but not in place of them.
You are essentially correct. However, because we do not know both the pattern and location of the design, whether "side" includes the front and rear of a trailer, the reflective qualities of your sheeting, who will apply the sheeting, and whether the application will occur before or after delivery of the trailer to its purchaser, we can only provide general guidelines.
Under S5.1.3 of Standard No. l08, supplementary reflective devices, i.e., devices other than those required by the standard, may be installed and present on vehicles at the time of their first sale as long as they do not impair the effectiveness of lamps and reflectors required by the standard. The initial determination of whether there is impairment is to be made by the manufacturer who certifies that the vehicle complies with all applicable Federal motor vehicle safety standards. If that decision appears incorrect to the agency, NHTSA will advise accordingly.
After the initial sale, the supplementary reflective devices may be installed by a manufacturer, dealer, distributor, or motor vehicle repair business subject to the limitation in section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act that such installation not "render inoperative in whole or in part" any of the lighting equipment required by Standard No. l08. There is no statutory prohibition under the Act against owner modifications, even if they involve impairing or removing devices required by Standard No. l08. However, the trailer would still remain subject to the laws of the individual States in which the trailer is registered and operated, and (if applicable), to the regulations of the Office of Motor Carrier Standards of the Federal Highway Administration.
Sincerely,
Paul Jackson Rice Chief Counsel
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