Interpretation ID: 18747.ztv

The Honorable Sam Farr
House of Representatives
701 Ocean Street
Santa Cruz, CA 95060

Dear Mr. Farr:

We are replying to your recent letter to the Department on behalf of your constituent, Ed Krumwiede of Aptos. Mr. Krumwiede has asked several questions regarding DOT regulation of imported car accessories.

Specifically, he would like to import three types of accessories for the Jeep Cherokee and asks whether they are regulated by the Department. The three types are:

This equipment is "regulated" but we have no requirements directly applicable to any of the items and which would affect the ability of Mr. Krumwiede to import and sell them.

More specifically, the National Highway Traffic Safety Administration (NHTSA) is the agency within the Department of Transportation which is authorized to regulate the safety aspects of motor vehicle equipment, such as the accessories that Mr. Krumwiede would like to import. However, NHTSA has issued no Federal motor vehicle safety standard that applies to any of the three items of equipment listed above. Nevertheless, if Mr. Krumwiede imports motor vehicle equipment for resale, he becomes its "manufacturer" under our laws, and is responsible for notification and recalling the equipment if either he or NHTSA determines that the equipment contains a defect related to motor vehicle safety.

Mr. Krumwiede has a further responsibility if he intends to install the equipment on Jeep Cherokees. As a dealer in motor vehicle equipment, he must ensure that the equipment, as installed, does not result in the Jeep becoming noncompliant with any of the Federal motor vehicle safety standards to which it has been certified as complying. Specific concerns that

Mr. Krumweide should consider are whether the exterior tire carrier might obscure the center highmounted stop lamp, whether the grille guards in some manner might be placed in front of the headlamps and other front and front-side lamps as well, and whether the taillamp guards might prevent these lamps (and other rear and side lighting functions that may be housed in the same lamp) from complying with the full range of photometric and visibility requirements specified in Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment. This standard specifically prohibits grilles and covers over headlamps when they are in use. A final concern is whether the grille guard might affect the operation of air bags. I have enclosed copies of two letters addressing lamp guards and grille guards, one dated October 27, 1994 addressed to Thomas L. Wright, and the other dated July 3, 1997, addressed to Steve Brookmire. The obligation under Federal law to ensure continued conformance applies only to manufacturers, dealers, distributors, and motor vehicle repair businesses, and does not extend to a vehicle owner personally installing the equipment. However, we urge vehicle owners not to degrade the safety of their vehicles.

The vehicle owner is also subject to state laws regarding the safe function and use of vehicles. Many states refer to Standard No. 108 and may not permit grille guards even if the owner personally installs them. We are not conversant with state laws and Mr. Krumweide should seek a clarification from the Department of Motor Vehicles in the states where he intends to sell the grille guards

For interpretations of Federal regulations, Mr. Krumweide may telephone Taylor Vinson of this Office (202-366-5263). For information on the procedures to be followed in importing the equipment, he should call George Entwistle, Equipment and Imports Division, Office of Safety Assurance (202-366-5306).

I hope that this information is helpful to your constituent.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:591
d.10/15/98