Interpretation ID: 77-1.5

TYPE: INTERPRETATION-NHTSA

DATE: 01/18/77

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Marchal America

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of December 17, 1976, asking whether 15 U.S.C. 1392(d) permits the installation of quartz halogen headlamps on State-owned vehicles. It is understood that these headlamps are manufactured in France, and are not of sealed beam construction. Thus they do not conform to Motor Vehicle Safety Standard No. 108. Your letter also commented that certain "state highway and law enforcement agencies . . . have indicated . . . that they prefer the quartz halogen units but are reluctant to install these units in their state vehicles because they are not of an approved type."

Importation and sale of nonconforming motor vehicle equipment is expressly forbidden by Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act. A civil penalty of up to $ 1,000 may be imposed for each violation. Therefore, quartz halogen headlamps that do not conform to Standard No. 108 may not be imported into the United States and sold to State agencies.

Your inquiry appears premised that such may be allowable pursuant to Section 1392(d) which reads in pertinent part:

Nothing in the section shall be construed to prevent . . . the government of any State or political subdivision thereof from establishing a safety requirement applicable to motor vehicle or motor vehicle equipment procured for its own use if such requirement establishes a higher standard of performance than that required to comply with the otherwise applicable federal standard.

Section 1392(d) reflects a primary purpose of the National Traffic and Motor Vehicle Safety Act that there be uniform national safety standards for the manufacture of motor vehicles, and that the flow of interstate commerce not be burdened by differing requirements among the States. An exception is made, however, that allows the States to set higher standards for vehicles manufactured for State use. Section 1392(d) would be inapplicable to your fact situation which, as we understand it, involves a conversion after purchase, and does not involve a procurement specification affecting the vehicle manufacturer.