Interpretation ID: nht87-2.86

TYPE: INTERPRETATION-NHTSA

DATE: 09/03/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: David M. Romansky -- President, Atract Ad

TITLE: FMVSS INTERPRETATION

ATTACHMT: 8/11/88 letter from Erika Z. Jones to J. Mike Callahan (A32; Std. 108); 4/14/87 letter from J. Mike Callahan to Taylor Vinson (OCC 409); 11/19/87 letter from Erika Z. Jones to Roger M. Cox (Std. 108); 6/19/89 letter from Stephen P. Wood to Bob Sandblom (A33); 5/18/89 letter from Bob Sandblom to DOT (OCC 3584)

TEXT:

Mr. David M. Romansky President Atract Ad 3400 Hwy 427 Sanford, FL 32771

Dear Mr. Romansky:

This is in reply to your letter of August 11, 1987 asking for our "evaluation and comments" on your proposed product. This product is an adhesive label that is applied to the center highmounted stop lamp. When the brakes are applied the words "buckle-up" become visible to the driver of the car behind.

Our comments relate to the acceptability of your product under the National Traffic and Motor Vehicle Safety Act and Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices and Associated Equipment, and its relationship to State laws. Th e simplicity of the decal is such that it may be readily applied by anyone with no special expertise or tools. There will be no violation of the Act if the decal is applied by the vehicle owner. However, a vehicle in use is subject to the laws of each St ate in which it is registered or operated. We are not familiar with State laws governing partial obscuration of the center lamp. We suggest you write the American Association of Motor Vehicle Administrators, 1201 Connecticut Ave. N.W., Washington, D.C. 2 0036 for further information. There is at least the theoretical possibility that it may raise a question of liability, or provide a defense, in accident suits involving rear end collisions.

Questions of compliance would be raised were the decal applied by motor vehicle manufacturers, dealers, distributors, or repair businesses, either before or after sale of the vehicle. In essence, a new vehicle must comply with all applicable Federal moto r vehicle safety standards at the time of its first sale, and the persons listed above must do nothing during the life of the car to affect the compliance of a device installed in accordance with a safety standard. If the decal reduces the effective proj ected luminous area of a lamp to less than 4 1/2 square inches, interferes with light output at any of 13 specified photometric test points, or renders the signal not visible to the rear through a horizontal angle from 45 degrees to the left to 45 degree s to the right of the longitudinal axis of the vehicle, the lamp will not conform. A person creating a noncompliance may be subject to a civil penalty of up to 000 for each violation.

If you have any further questions we will be pleased to answer them.

Sincerely,

Erika Z. Jones Chief Counsel

August 11, 1987

Mrs. Erika Jones Chief Counsel NCC-01 National Highway Safety Administration 400 7th Street South West Washington, D.C.

Dear Mrs. Jones,

I have been directed to you by your Regional Office in Atlanta, Georgia, by C. V. Rice. Enclosed you will find a product we plan to manufacture and distribute in the United States to be applied to the collision avoidance light.

When this decal is installed on the face of the collision avoidance light lense, upon applying the brake, the message "buckle-up" becomes visible to the driver of the car directly behind it. Thus, reminding them to be sure that their seat belts are buckl ed up properly.

We would like to have your evaluation and comments on this product as our intentions are to promote public safety by the use of this product.

An immediate response would be greatly appreciated as we are working with several state programs at the present time. Thank you for your attention to this matter.

Sincerely, David M. Romansky President

Enclosure/ps