Interpretation ID: nht89-1.40

TYPE: INTERPRETATION-NHTSA

DATE: 03/17/89

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: J. JAMES EXON -- UNITED STATES SENATOR

TITLE: NONE

ATTACHMT: LETTER DATED 02/09/89 FROM J. JAMES EXON -- SENATE, TO NHTSA; LETTER DATED 01/26/89 FROM RON MOXHAM TO J. JAMES -- EXON; LETTER DATED 09/26/88 FROM RON MOXHAM TO ERIKA Z. JONES -- NHTSA

TEXT: Dear Senator Exon:

Thank you for your letter of February 9, 1989, in which you inquired about the status of a letter to this office from Mr. Ron Moxham, one of your constituents. I apologize for the delay in responding to Mr. Moxham.

In his inquiry, Mr. Moxham asked about the applicability of the National Highway Traffic Safety Administration's (NHTSA's) regulations to an add-on-trunk for mini vans, pickup trucks, Blazers, and other vehicles. He described his product as a detachable box that could be attached to the liftgate, bumper, or frame at the rear of a vehicle and extend 16 to 20 inches beyond the bumper. Your constituent asked whether there are any regulations applicable to this product, especially in relation to the vehic le's tail lights and other lighting components. He also asked whether his product would be required to have its own separate lighting equipment and its own separate bumper.

By way of background information, NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Under the statutes administered by NHTSA, it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with all applicable standards. The following represents our opinion based on the facts provided in Mr. Moxham's letter.

NHTSA does not have any specific regulations covering an add-on trunk. However, the addition of such a device could affect a vehicle's compliance with various safety standards. For example, an add-on trunk could affect a vehicle's compliance with Stand ard No. 108, Lamps, Reflective Devices, and Associated Equipment, by obscuring the vehicle's rear lights from some angles of view. This adverse effect could be offset by the addition of supplementary lighting devices to the trunk. See S4.3.1.1 of Standa rd No. 108. (Copy enclosed.)

If an add-on trunk is installed as original equipment on a new vehicle, the vehicle manufacturer is required to certify that, with the device

installed, the vehicle satisfies the requirements of all applicable safety standards.

If such a device is added to a previously certified new motor vehicle prior to its first sale, the person who modifies the vehicle may have certification responsibilities as an "alterer" under 49 CFR Part 567.7. This would occur if the installation of t he add-on trunk either altered the vehicle's stated weight ratings or constituted the installation of something that is not a "readily attachable" component. To ascertain whether the installation involves attachable components such factors as the intric acy of installation, and the need for special expertise must be taken into consideration. More information regarding the method of installation is necessary before we could determine whether the installation of the add-on trunk was the installation of a readily attachable component.

A person who modifies a vehicle prior to its first sale is also affected by other Federal requirements, whether or not that person is considered an "alterer." Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act generally provides th at no person may "manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States," any motor vehicle or item of motor vehicle equipment that does not comply with an applicable Federal motor vehicle safety standard. In addition, under section 108(a)(1)(A) of the Act, no manufacturer, distributor, dealer, or motor vehicle repair business may knowingly render inoperative, in whole or in part, any device or element of design inst alled on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard.

If an add-on trunk is installed on a used vehicle by a business such as a garage, the installer would not be required to attach a certification label. However, it would be subject to the "render inoperative" requirement cited above. Thus, the installer would have to make sure that it did not knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety st andard.

I note that in a letter dated September 25, 1987, NHTSA indicated that a person who installs a lift platform on the rear of a car, thereby blocking a lamp required by Standard No. 108, could avoid violating the prohibition against rendering inoperative b y installing an auxiliary lamp meeting the standard's photometric requirements. Since that situation may have similarities to the one faced by Mr. Moxham, I am enclosing a copy of the letter.

Mr. Moxham did not specifically indicate whether his product would be sold for passenger cars. NHTSA has a bumper standard which sets forth requirements for the impact resistance of passenger cars in low speed front and rear collisions. The addition of an add-on trunk could affect a passenger car's compliance with the bumper standard.

Enclosed is an information sheet which identifies relevant Federal statutes and NHTSA standards and regulations affecting motor vehicles and motor vehicle equipment manufacturers. Mr. Moxham should also be aware that state laws may apply to his device.

I hope this information is helpful.

Sincerely,

ENCLOSURES