Interpretation ID: 22040.drn
Mr. Robert Pitre
Nelson Technologies
200 E. Chestnut St. #1414
Chicago, Il 60611
Dear Mr. Pitre:
This responds to your letter asking about the applicability of Federal requirements to the windshield wiper blades that your company is developing. I am pleased to provide the information you requested.
By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards (FMVSSs) for new motor vehicles and new items of motor vehicle equipment. (The standards are codified at Volume 49 of the Code of Federal Regulations, Part 571.) This agency does not provide approvals of motor vehicles or motor vehicle equipment. Instead, manufacturers are required to certify that their vehicles and equipment meet applicable standards. Also, it is unlawful for dealers to sell motor vehicles or motor vehicle equipment that do not meet applicable standards.
Vehicle manufacturers wishing to install your windshield wiper blades in a new vehicle (before first sale of the vehicle to the customer) would be required to certify that their vehicles meet all applicable safety standards with the device installed. An FMVSS that might be relevant to the blades is Standard No. 104, Windshield Wiping and Washing Systems, which specifies a number of requirements for windshield wiping and washing systems. A vehicle manufacturer would need to ensure that if a vehicle had your windshield wiper blades, the vehicle's windshield wiping and washing system met all the requirements of Standard No.104.
No standards would apply to your windshield wiper blades to the extent they are sold as aftermarket equipment. However, Federal law prohibits a manufacturer, distributor, dealer, or motor vehicle repair business from "making inoperative" a vehicle's compliance with any safety standard (Title 49 of the U.S. Code, section 30122). The blades could not be installed by such businesses if the installation adversely affected a vehicle's compliance with any safety standard.
The "make inoperative" provision does not apply to modifications made by owners to their own vehicles. However, NHTSA encourages vehicle owners not to degrade the safety of their vehicles. Also, individual States have authority to regulate modifications that a vehicle owner may make to his or her vehicle. We are not able to provide you with information on State laws. You should contact the individual States in which you intend to sell your product.
A source of information about State laws is the Automotive Manufacturers Equipment Compliance Agency, Inc. (AMECA), 1101 15th St., N.W., Suite 607, Washington, DC 20005. Their telephone number is: (202) 898-0145, and their FAX number is: (202) 898-0148. The AMECA is a centralized voluntary agency that notifies government, industry and the public about items of motor vehicle safety equipment that have been tested by various laboratories in accordance with United States industry, state and federal standards.
Finally, the windshield wiper blades are considered to be "motor vehicle equipment" under Federal law. This means that you or whoever manufactures your blades would be subject to 49 U.S.C. sections 30118-30121 concerning the recall and remedy of products with defects related to motor vehicle safety. If the manufacturer or NHTSA determined that the product contains a safety-related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.
I hope this information is helpful. If you have any further questions, please contact Ms. Dorothy Nakama this address or at (202) 366-2992.
Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:104#VSA
d.1/5/00