Interpretation ID: 86-4.1

TYPE: INTERPRETATION-NHTSA

DATE: 06/25/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Roger Pezzulich

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Roger Pezzulich Parts Mgr. Friendly Honda House 549 Dutchess TurnPike Poughkeepsie, N.Y. 12603

Dear Mr. Pezzulich:

This is in reply to Your letter of April 2B, 1986, to Mr. Vinson of this Office pointing out that a center high-mounted stop lamp may be obscured when a luggage rack is in use, and asking for the legal ramifications involved in such use.

Compliance with the requirements of Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment, under which such lamps are now mandatory on new passenger cars, is judged with the luggage rack in place, but not in use. We are not aware of any State restrictions on use of a luggage rack if it would interfere with the output from a center high-mounted stop lamp.

You may have noted that the lamp is placed between the rack and the deck on the rear of some cars on which racks have been installed as standard equipment, and not behind the rack in the parcel shelf area. This appears to be an effective solution to the problem posed by luggage racks.

I hope that this answers your question.

Sincerely,

Erika Z. Jones Chief Counsel

Mr. Taylor Vinson April 28, 1986 Legal Council Room 5214 N.H.T.S.A.

U.S. Dept. of Transportation 400 7th Street S.W. Washington, D.C. 20590

Dear Mr. Vinson,

This letter is in regard to a legal matter that has been brought to my attention. I am the Parts Manager at a Honda dealership located in Poughkeepsie, New York. One of the accessories offered with our car is a luggage rack that mounts to the trunk of the vehicle. Now, with the new requirement of a 3rd brake light in the rear window, any luggage stored in this rack would obstruct the view of this light.

I would like to know what, if any, are the legal ramifications involved in the use of this luggage rack.

Thank you for your time and help in this matter.

Very truly yours, Roger Pezzulich Parts Mgr.

Very truly yours,

Roger Pezzulich Parts Mgr.