Interpretation ID: nht92-6.42

DATE: May 22, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Larry Nunn -- President, Automotive Lighting Technologies, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 4/10/92 from Larry Nunn to Office of Chief Council, NHTSA (OCC 7224)

TEXT:

This responds to your request for information on laws and regulations administered by this agency that would apply to an aftermarket product you have under development. Since your product constitutes "motor vehicle equipment," your product would be subject to NHTSA's jurisdiction as follows.

Your letter described your product, called "LeLite," as a lighting system designed to be attached to motorcycle helmets. The system is intended to increase rider visibility by providing the equivalent of a center high mounted stop lamp for motorcyclists. A drawing you enclosed depicts the "LeLite" as attached to the rear of the helmet, and you state that the "LeLite" includes a stop/running lamp with two amber turn signals.

You state that the lighting system is powered by a cord that connects to a "simple harness unit" mounted at a motorcycle location chosen by the motorcyclist. You further state that the harness is designed to attach directly into the motorcycle's brake/running lamp wires feeding from the battery terminal, enabling the system to light up in conjunction with the brake/running lamps on the vehicle.

In a telephone conversation with Dorothy Nakama of my staff, you stated that the "LeLite" is to be sold separately from the motorcycle helmet and is designed to be readily attachable and detachable by the motorcyclist.

The National Traffic and Motor Vehicle Safety Act (the Safety Act) authorizes this agency to regulate "motor vehicles" and items of "motor vehicle equipment." Section 102(4) of the Safety Act (15 U.S.C. 1391(4)) defines "motor vehicle equipment," in part, as:

any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement ... or intended for use exclusively to safeguard motor vehicles, drivers, passengers, and other highway users from risk of accident, injury, or death.

In your letter, you stated that the "LeLite" is intended to increase motorcyclist visibility by providing the equivalent of a center high mounted stop lamp. Increased motorcyclist visibility on the road would lessen the possibility of the motorcyclist's being hit by others who may not see the motorcyclist in time to avoid an accident. Thus, we would consider the "LeLite" as "motor vehicle equipment" since it is intended for use exclusively to safeguard motorcyclists from risk of accident, injury, or death.

You provided no information about the degree of difficulty involved in connecting the "LeLite's" harness into the motorcycle brake/running lamp wiring system. As previously stated, your intention apparently is that the individual user installs the "LeLite." However, please be aware that if installation into the wiring system should prove difficult for some users, and the "LeLite" should be installed into the motorcycle or motorcycle helmet by a commercial business, Section 108 (a)(2)(A) of the National Traffic and Motor Vehicle Safety Act could affect your product. That section of the Act requires manufacturers, distributors, dealers and motor vehicle repair businesses to ensure that they do not knowingly render inoperative 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 Standard (FMVSS). As you may be aware, FMVSS No. 108; Lamps, reflective devices, and associated equipment, specifies requirements for lamps on motor vehicles, and FMVSS No. 218; Motorcycle helmets, establishes minimum performance requirements for motorcycle helmets.

The above-named businesses could sell the "LeLite" but could not install it if the installation would adversely affect the vehicle or helmet's compliance with any of the FMVSS's. In the first instance, it would be the responsibility of these entities to determine whether there is any possibility of such an effect. The prohibitions of Section 108 (a)(2)(A) do not apply to the actions of a vehicle owner in adding to or otherwise modifying his or her vehicle or motorcycle helmet. Thus, a motorcyclist would not violate the Act by installing ,the "LeLite" even if doing so would adversely affect some safety feature in his or her motorcycle or motorcycle helmet.

However, please note that it is this agency's policy to discourage motorcycle helmet users from modifying their helmets. Section S5.6.1 of FMVSS No. 218; Motorcycle helmets requires that the following instruction be placed on helmets: "Make no modifications..." We are concerned that attaching the "LeLite" to a motorcycle helmet may cover the symbol "DOT" that constitutes the helmet manufacturer's certification that the helmet complies with the FMVSS's. Also, Standard No. 218 limits "rigid projections" outside the helmet's shell to those required for operation of essential accessories, and that do not protrude more than 5 millimeters. Based on your letter, the "LeLite" may constitute a "rigid projection." If so, it is not clear that the "LeLite" can meet the restrictions on "rigid projections" outside of the helmet's shell. For these reasons, the agency's policy would be to discourage motorcyclists from modifying their helmets by attaching any device that protrudes beyond the standard.

Manufacturers of motor vehicle equipment such as the "LeLite" are also subject to the requirements in sections 151-159 of the Safety Act (15 U.S.C. 1411-1419) concerning the recall and remedy of products with defects related to motor vehicle safety. The Safety Act specifies that if either your company or this agency determines that a safety-related defect exists in the "LeLite," your company as the manufacturer must notify purchasers of the safety-related defect and must either:

(1) repair the product so that the defect is removed; or (2) replace the product with identical or reasonably equivalent products which do not have a defect.

Whichever of these options is chosen, the manufacturer must bear the full expense and cannot charge the owner for the remedy if the equipment was purchased less than 8 years before the notification campaign.

For your information, I have enclosed a copy of the Safety Act, and an information sheet describing how you can obtain copies of our motor vehicle safety standards and any other NHTSA regulation. If you have any further questions, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.