Interpretation ID: nht90-3.79

TYPE: Interpretation-NHTSA

DATE: August 31, 1990

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: David Holscher -- General Sales Manager, Dreyer & Reinbold, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 5-18-90 from D. Holscher to T. Vinson (OCC 4796)

TEXT:

This is in reply to your letter to Taylor Vinson of this Office with respect to whether your installation of a spoiler would be in violation of Federal regulations.

Specifically, one of your customers has "requested a factory design rear spoiler on their new Infiniti." This spoiler contains "a 3rd brake light which will illuminate during brake application." This would be in addition "to the existing rear window br ake light" which is not removable because of damage to the interior of the car.

The third brake light, or "center highmounted stop lamp" (CHMSL) to use its regulatory name, is an item of motor vehicle equipment required by Federal Motor Vehicle Safety Standard No. 108. We understand that on the basic Infiniti Q45 the CHMSL is locat ed in the interior, while on a more upscale version, it is located in the rear spoiler. It appears that your customer is purchasing a basic model and wishes to add the spoiler from the more expensive model.

My initial comment is made on the assumption that the customer has not yet taken delivery of the car. In this circumstance, the dealer is required to deliver a car to the customer that remains in compliance with the Federal motor vehicle safety standard s after any modifications from its original state. The Federal lighting standard, Standard No. 108, permits the addition of supplementary lighting equipment such as a second CHMSL to the vehicle if it does not impair the effectiveness of any of the ligh ting equipment required by Standard No. 108. However, in your case, the supplementary CHMSL in fact is the complying lamp on other Infinitis and would be a complying lamp when installed on your customer's car. In this event, the original CHMSL becomes redundant, and you may disconnect it without violating any Federal requirement.

Somewhat the same considerations apply if tbe customer has already taken delivery of the car. Under this circumstance, the dealer may notperform alterations that render inoperative, in whole or in part, any device or element of design installed in accor dance with a Federal safety standard. Our usual interpretation of this prohibition is to equate impairment of effectiveness with at least a partial rendering inoperative. However, even if the supplementary lamp had this effect (for example, if the spoil er partially blocked the light from the lamp), it has become the primary complying lamp, and there would be no violation of the prohibition. For this reason, disconnecting the original lamp would then become permissible.

Finally, we see no safety problem or Federal violation if the original

lamp remains wired to be activated. However, vehicles in use are subject to State and local laws, and you should check with the Indiana motor vehicle authorities to ensure that there are no inspection or operational problems presented by this modificati on.