Interpretation ID: 3060yy
P.O. Box 73
Worthington, MA 01098-0073
Dear Messrs. Healy:
This responds to your letter of June 5, l99l, to Richard Van Iderstine of this agency, asking for an opinion as to the legality of your device that attaches monitoring lights to bug deflectors "and/or to other appropriate mounting areas on vehicles."
As you state it, the primary purpose of the device is to "bring indicator lights up and into the line of vision of the vehicle operator." You specifically mention the turn signal and upper beam indicators ("or other appropriate applications desired by the operator)." You mention that the existing indicator lights on the dashboard are left undisturbed.
As bug deflectors or shields are accessory equipment sold in the aftermarket, it is clear that you do not intend your device to be original equipment offered by the vehicle manufacturer. The Federal statute governing the manufacture of motor vehicles and motor vehicle equipment is the National Traffic and Motor Vehicle Safety Act. There is no regulation or standard under this Act that relates to the manufacture and sale of your device.
We must, however, add a cautionary note relating to the use of your device by its purchaser. The Act prohibits any "manufacturer, distributor, dealer, or motor vehicle repair business" from rendering "inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle . . . in accordance with an applicable Federal motor vehicle safety standard." You have assured us that the existing indicator lamps are not affected. However, one of the requirements of the lighting standard (Standard No. l08) that applies to motor vehicles is that accessory equipment not "impair the effectiveness" of the lighting equipment required by the standard. We regard the potential to create confusion as the potential to impair the effectiveness of lighting equipment. It does not appear that the turn signal indicator portion of your device, operating in tandem with the turn signals, would create confusion. Likewise, the upper beam indicator would be too small to be perceived by an oncoming car at any great distance. However, you have added qualifications to your letter ("other appropriate mounting areas on vehicles" and "other appropriate applications desired by the operator") that require us to advise you of the statutory prohibition.
The prohibition does not affect vehicle owners, and if you intend the device to be installed by them, you may disregard the foregoing. However, in any event, the use of the device is also subject to the laws of any State in which it will be used. We are unable to advise you on these laws, and suggest that you write for an opinion the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.
Sincerely,
Paul Jackson Rice Chief Counsel
ref:l08#VSA d:7/8/9l