Interpretation ID: 7322
President
Ascend Productions
9823 Lake Avenue
Cleveland, Ohio 44102
Dear Mr. Berg:
This responds to your letter requesting that the National Highway Traffic Safety Administration provide "recognition and support" for your item of motor vehicle equipment, the "Hazard Helper Safety Sign." You explained 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). Your sales literature indicates that the help needed symbol is intended to be displayed in the event of medical emergencies, mechanical breakdown, having a flat tire, or being stuck in snow or being out of fuel. The hazard alert symbol is intended to be displayed for going for gasoline, doing roadside repairs, resting, or awaiting known assistance.
As discussed below, this agency does not recognize, support or otherwise endorse particular products. Moreover, based on the information provided with your letter, it appears that your device would not comply with certain provisions of Federal Motor Vehicle Safety Standard No. 125, Warning Devices (49 CFR 571.125, copy enclosed).
By way of background information, the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., the "Safety Act") gives this agency the authority to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 125, Warning Devices. The Safety Act provides that no person shall "manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States" any new motor vehicle or new item of motor vehicle equipment unless the vehicles or equipment comply with the applicable standard. (See 15 U.S.C 1397(a)(1)(A).) NHTSA has no authority under the Safety Act to approve, certify, or otherwise endorse any commercial product. Instead, the Safety Act establishes a self-certification process under which each manufacturer is required to certify that each of its products meets all applicable Federal Motor Vehicle Safety Standard. (See 15 U.S.C. 1403.) I am enclosing a general information sheet explaining NHTSA's regulations.
Section S3 of Standard No. 125 specifies that the standard "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.) Your device has no self-contained energy source, is designed to be carried in motor vehicles, and is not permanently affixed to the vehicle. Another condition set forth in S3 is that the device must be designed to be used to "warn approaching traffic of a stopped vehicle." Devices that are not intended to warn approaching traffic of a stopped vehicle, but only to alert passing traffic of the stopped vehicle's need for assistance, are not subject to Standard No. 125. An example of such a device would be a "HELP" message printed on a folding cardboard sunshade.
The "help needed" portion of your device appears to be designed to function in the same manner as other non-warning devices, i.e., it does not appear to be intended to warn approaching traffic of a stopped vehicle, but to alert passing traffic that the stopped vehicle needs assistance. This portion of the device would therefore not be subject to Standard No. 125.
However, the "hazard alert" portion of your device does appear to be intended to warn approaching traffic of a stopped vehicle, and must therefore comply with all of the requirements of Standard No. 125. From the enclosed copy of the standard you will see that some of the specific requirements with which your device must comply include minimum size, durability, material, container, labeling, configuration, color, reflectivity, luminance, and stability. From the information you provided with your letter, it appears that your device would not comply with several of these requirements.
Please be aware that violations of Safety Act provisions are punishable by civil fines of up to $1,000 for each violation of a safety standard. In addition, the Act requires manufacturers to remedy their products if they fail to comply with any applicable safety standards.
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.
Sincerely,
Paul Jackson Rice Chief Counsel Enclosure
Ref:125 d:7/28/92