Interpretation ID: nht87-2.43

TYPE: INTERPRETATION-NHTSA

DATE: 07/09/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Marzia Puccioni Jones

TITLE: FMVSS INTERPRETATION

TEXT:

Marzia Puccioni Jones Alpex Manufacturing Company 10926 "J" Street Omaha, Nebraska 68137

Dear Ms. Jones:

This letter responds to your letter enclosing a prototype horn/light and requesting information on its "legality". The horn/light is intended to be installed on the roof of a pickup truck or van. The light is located on the rear of the horn and would be visible to following drivers. The light comes on when the driver presses the horn button to sound the horn and goes off when the horn button is released. I regret the delay in this response.

You asked whether the horn complies with safety and other pertinent regulations; whether the light at the back of the horn must be red or amber; whether it is permissible to mount the horn on the cab of a pick-up truck or van roof; and whether the horn is "DOT-approved," or if it would be in violation.

The National Highway Traffic Safety Administration (NHTSA) issues safety standards applicable to new motor vehicles and certain items of motor vehicle equipment pursuant to its authority under the National Traffic and Motor Vehicle Safety Act. However, N HTSA does not approve motor vehicles or motor vehicle equipment, nor does it endorse any commercial products. Instead, the vehicle safety act establishes a "self-certification" process under which manufacturer must certify that its product meets applicab le safety standards. Periodically, NHTSA tests whether vehicles or equipment comply with these standards, and may investigate alleged safety-related product defects.

There is only one standard which may apply to your product if it is installed on new vehicles. Standard 108, Lamps, Reflective Devices, and Associated Equipment, applies to vehicle lighting. As we understand your product, its light is not intended to ser ve as any of the lights required by the standard on a van or pickup. Therefore, the requirements directed to those types of lights would not be applicable. However, there is a general requirement that might affect your horn/light. S4.1.3 prohibits the in stallation of any light that would impair the effectiveness of any required light. The activation of the light on your product could lead following drivers to believe incorrectly that the vehicle equipped with your light is stopping. Repeated false stopp ing signals might reduce the driver's responsiveness to the activation of the vehicle's brake lights.

If your product is installed as aftermarket equipment, it would not be subject to any requirement in Standard No. 108. Standard No. 108 covers aftermarket lighting equipment only to the extent that the aftermarket light replaces required original lightin g equipment. Because there is no original equipment for the kind of light you described, the standard does not apply to your aftermarket product.

Regardless of whether your product is affected by any of our standards, please be aware that if you or the agency finds your product to contain a safety-related defect after you market the product, you are responsible for conducting a notice and recall c ampaign under S154 of the National Traffic and Motor Vehicle Safety Act (15 USC 1414).

Further, you should be aware that State law may apply to produce such as your horn/light. You may wish to consult the State and local transportation authorities in the areas you intend to market your horn.

Sincerely,

Erika Z. Jones

Department of Transportation 12-18-86 Office of the Chief Counsel Ms. Erika Jones RM 5219 Nassif Bldg. 400 7th St. S.W. Washington. D.C. 2051O

Dear Ms. Jones:

Enclosed is a sample of a new born model prototype we would like to manufacture and market.

As the sample indicates the horns incorporates a light at the posterior of the horn. This light comes on only when the horn is sounded and stays on until the horn button is released.

We need some information from your office as to the legality of this horn. Would this horn comply with safety and other pertinent regulations? What color must the light be if in compliance red or amber? Where would you allow mounting of the horn as it is intended to be mounted on the cab of a pick-up truck or van roof? Is this horn DOT approved and would it be any violation?

In speaking to Mr. Roman Brooks of the Vehicle Safety Compliance Office, he indicated to submit a sample or drawing immediately for your prompt review. We would appreciate a swift reply as everything is in waiting pending your information. Thank you for your assistance.

Best Regards

Marzia Puccioni Jones ALPEX MANUFACTURING COMPANY