Interpretation ID: nht92-1.18

DATE: 12/17/92

FROM: PAUL JACKSON RICE -- CHIEF COUNSEL, NHTSA

TO: DOUGLAS BERG -- PRESIDENT, ASCEND PRODUCTIONS

ATTACHMT: ATTACHED TO LETTER DATED 10-12-92 FROM DOUGLAS BERG TO PAUL J. RICE (OCC 7896)

TEXT: This responds to your letter asking whether Standard No. 125, Warning Devices, applies to your product, the "Hazard Helper Safety Sign." In an earlier letter to the agency, you stated that this reversible device attaches to the driver's window and displays either a help needed symbol (a stick figure with extended arms and legs) or a hazard alert symbol (a triangle). In my July 28, 1992 response, I explained that your device was subject to the Standard and that it appeared not to comply with certain provisions in the Standard.

In a subsequent letter, you explain that you have added a cyalume light stick to your product to illuminate the warning sign. As explained below, you are correct in your belief that your warning device containing a light stick would no longer be subject to Standard No. 125.

As you correctly stated, Standard No. 125 applies to "devices, without self-contained energy sources, that are designed to be carried in motor vehicles and used to warn approaching traffic of the presence of a stopped vehicle, except for devices designed to be permanently affixed to the vehicle." (emphasis added; see section S3) In other words, Standard No. 125 does not apply to warning devices with self-contained energy sources. In an August 10, 1982 interpretation to Dwight Hicks, Jr., the agency determined that the phrase "self-contained energy sources" includes such things as cyalume light sticks. Accordingly, a warning device to which a cyalume light stick was added would not be subject to Standard No. 125

I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.