Interpretation ID: nht87-2.77

TYPE: INTERPRETATION-NHTSA

DATE: 08/26/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Laurie J. Schonauer -- Bethell Company

TITLE: FMVSS INTERPRETATION

TEXT: Ms. Laurie J. Schonauer Bethell Company P.O. Box 191 Colton, CA 92324-0087

Your letter of May 14, 1987, addressed to the office of Vehicle Safety 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." Yo ur 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 three connected triangular faces. You shipped your product folded along the leg s 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 s trips. According to your literature, a user assembles your product, uncovers the adhesive, and secures it to the ground with these adhesive taps. 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 the questions. The first is whether this agency will send you a letter stating that your product may he used to indicate the presence of a disabled 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 agency 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 no t approve nor certify motor vehicles or motor vehicle equipment, or endorse and 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 for 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 is designed to be ca rried 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 configurat ion, color, and selectivity. 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 this agency to market your device as motor vehicle equipment for use to warn approaching traffic of the pr esence 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 requir ements 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 endorse 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

Enclosure Standard No. 125 - omitted

May 14, 1987

National Highway Traffic Safety Administration Office of Vehicle Safety Standards 400 Seventh Street, S.W. Washington, DC 20590

Re: Safety Cones

As per Captain Wood of the California Highway Patrol in Sacramento, I am sending a sample and general information about a new safety cone.

It is my understanding that an item of this nature does not need approval. I have a couple reasons for writing this letter. First, is it possible to get a letter from you stating that these cones may be used on the shoulder to indicate the presence of a disabled passenger vehicle as shown in the illustration on the package. Second, in order for us to try to promote safety, can we get a statement from the Safety Administration that it is a good idea for passenger vehicles to have a first aid kit, safety cones, or even flares in the trunk in case of an accident or breakdown?

To give you an idea of the massive programs being set up to help promote safety and our disabled citizens, I am forwarding copies of letters sent that will more explain what we are doing. If I could get some support from this Administration we can possib ly help save some lives, as well as promote workshops for the disabled. Please contact me at your earliest convenience or write. We will be starting this program on July 1st, 1987.

Thank you for your time.

Sincerely,

Bethell Co.

Laurie J. Schonauer

LJS/kb Enclosures cc: Easter Seal Society/ CBS News / California Highway Patrol PRODUCTION DESCRIPTION "Insta-Cone" Emergency Traffic Safety Cones are a new, low cost, 12" safety cone made of ridged corrugated cardboard. Three bright fluorescent cones are neatly shrink - wrapped together for easy storage in the trunk of a passenger vehicle or behind the seat, out of the way until you need it.

*Visible: Eye catching reflective surface gets attention. *Durable: Withstand high winds because of the sturdy 3 dimension design and six pressure sensitive adhesive tabs. *Convenient: Instantly snaps together for quick use. November 18, 1986

File No.: 62.A218.A6078

Laurie J. Schonauer Bethall Company P.O. Box 191 Colton, CA 92324-0087

Dear Ms. Schonauer:

The pyramidal foldable Insta-Cones described in the attachments to your letter of October 31, 1986, are a type of device that does not require approval by this Department. They may be faced on the shoulder to indicate the presence of a disabled passenger vehicle as shown in the illustration on the package. The Insta-Cones are not a legal substitute for the triangular emergency reflectors that are required to be carried by trucks, truck tractors, and travel trailers that are 80 or more inches wide. Those reflectors must meet the regulations of Federal Motor Vehicle Safety Standard No. 125, copy enclosed. Further information on that standard may be obtained from:

National Highway Traffic Safety Administration Office of Vehicle Safety Standards 470 Seventh Street, SW Washington, DC 20590

We hope this information will be helpful to you. The samples you sent for our review are being returned with this letter. Very truly yours,

L. P. WOOD, Captain Commander Commercial and Technical Services Section

Enclosures April 28, 1987

Ms. Laurie J. Schonauer Bethell Company P.O. BOX 191 Colton, CA 92324-0087

Dear Laurie,

Thank you for your decision to utilize the Easter Seal Rehabilitation Workshop for assembly and packaging of the INSTA-CONE Safety Cone and Auto-Pack. We look forward to accomplishing your work with quality and efficiency in a timely manner.

Sincerely,

Jacqueline M. Peel Executive Director

JMP/cb

cc: Robert LaPage Plant Manager

PROPOSAL TO CBS/KNX NEWS RADIO (omitted)