Interpretation ID: nht89-1.39

TYPE: INTERPRETATION-NHTSA

DATE: 03/15/89

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: BYUNG M. SOH -- TARGET MARKETING SYSTEMS, INC.

TITLE: NONE

ATTACHMT: LETTER DATED 10/05/88 FROM BYUNG M. SOH TO TAYLOR VINRON; OCC 2648

TEXT: Dear Mr. Soh:

This responds to your letter of October 5, 1988, inquiring whether your "Starrace" hub cap violated Standard No. 211, Wheel Nuts, Wheel Discs, and Hub Caps (49 CFR @ 571.211) or any other of our safety standards. You explained that your self lighting hu b cap includes a motion activated LED light whose intensity varies according to the speed of the vehicle. You further noted that the LED, which has a maximum intensity of 40mmAmp, is designed for cosmetic rather than illuminating purposes. As explained below, your device would not appear to violate Standard No. 211. However, this device may present problems of compliance with Standard No. 108, Lamps, Reflective Devices, and Associated Equipment (49 CFR @ 571.108).

Standard No. 211 prohibits winged projections on wheel nuts, wheel discs, and hub caps. This prohibition extends to these items of motor vehicle equipment both as items of original equipment on new passenger cars and multipurpose vehicles and as items s old in the aftermarket as replacement parts for use on such vehicles. Judging by the picture enclosed with your letter, it does not appear that this hub cap has any winged projections. Nothing in Standard No. 211 explicitly prohibits LEDs on hub caps, wheel nuts, or wheel discs. Accordingly, your product does not appear to violate any provision of Standard No. 211.

However, the self lighting nature of your hub cap may raise questions under Standard No. 108. If this hub cap is marketed as original equipment to be installed before the initial sale of a motor vehicle, the vehicle with these hub caps installed must be certified as complying with Standard No. 108. Section S4.1.3 of Standard No. 108 provides that "No additional lamp, reflective device, or other motor vehicle equipment shall be installed that impairs the effectiveness of lighting equipment required by this standard." As I stated in my September 13, 1988 letter to you with respect to different equipment, we interpret this requirement as follows:

"Effectiveness may be impaired if the device creates a noncompliance in the existing lighting equipment or confusion with the signal sent by another lamp, or functionally interferes with it, or modifies its candlepower to either below the minima or ab ove the maxima permitted by the standard." (emphasis added)

Your product might impair the effectiveness of the required lighting by causing motorists to confuse its signal with the signal emitted by headlamps, stoplights, brakelights, taillights, side marker lamps, and other lighting devices. Such confusion is p ossible since your product is located on the wheels at approximately the same level as the lights required by Standard No. 108. This impairment of effectiveness would be especially likely if the hub cap lights were the same color (red, amber or white) as the lights required by Standard No. 108.

As for the aftermarket sale of your product, under @ 108(a)(2)(A) of the Safety Act, a manufacturer, distributor, dealer, or motor vehicle repair business may not perform modifications that render inoperative, in whole or in part, an element of design, s uch as lighting equipment, installed in compliance with a Federal safety standard. Again, if these lighted hub caps would impair the effectiveness of the lighting required by Standard No. 108, we would consider each aftermarket installation of the hub c aps by the manufacturer, distributor, dealer, or repair business to be a violation of the "render inoperative" provision of the Safety Act. Section 109 of the Safety Act provides for a civil penalty of up to $ 1,000 for each violation of the "render ino perative" provision. Please note that the Safety Act does not restrict a vehicle owner from modifying his or her own vehicle, even if the modification resulted in the vehicle no longer complying with Standard No. 108. Such modifications may, however, b e prohibited by State law.

Additionally, you should be aware that as a manufacturer of motor vehicle equipment, you will be subject to the requirements of sections 151-159 of the Safety Act (15 U.S.C. 1411-1419), concerning the recall and remedy of vehicles and equipment with defe cts related to motor vehicle safety. If it were determined that your product had a defect related to motor vehicle safety, you as the manufacturer would have to notify purchasers of the defect and either:

1. repair the product so that the defect is removed; or

2. replace the product with an identical or reasonably equivalent product that does not have the defect.

In either case, the manufacturer must bear the full expense of the remedy and cannot charge the product owner for the remedy if the product was first purchased less than eight years before the notification campaign.

If you have any further questions or need more information on this subject, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

Sincerely,