Interpretation ID: nht90-3.91

TYPE: Interpretation-NHTSA

DATE: September 10, 1990

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Kent D. Smith

TITLE: None

ATTACHMT: Attached to letter dated 4-27-90 from K.D. Smith to S.P. Wood (OCC 4761)

TEXT:

This is in reply to your letter of April 27, 1990, to Stephen P. Wood of this Office, as a follow-up to his letter of March 22 replying to your request for an interpretation on January 26.

Your device activates the backup lamps for a period of one second or less as a signal to the driver of a following car that (s)he should lower the headlamp beam. Mr. Wood informed you that use of backup lamps for any other than their intended purpose co uld be viewed as an impairment of the backup signal function, and would thereby be prohibited under Federal Motor Vehicle Safety Standard No. 108. You now ask two further questions.

The first question is "What steps would have to be taken in regard to (SAE Standard J593e, Backup Lamps) which would permit me to test market this product?" You have cited paragraph 4.2 which states that "Backup lamps shall not be lighted when the vehic le is in forward motion." As a minor correction, let me note that the SAE Standard incorporated by reference in Standard No. 108 is J593c, February 1968, and the paragraph cited appears with the identical wording as paragraph 2 under "Installation Requi rements." We have no specific authority under which an inventor can install a device on motor vehicles in use for test marketing purposes when the installation might result in a noncompliance. In fact, the National Traffic and Motor Vehicle Safety Act specifically prohibits a manufacturer, distributor, dealer, or motor vehicle repair business from rendering inoperative, in whole or in part, any device or element of design installed on a vehicle pursuant to a Federal safety standard. Because the instal lation would result in a noncompliance by operation of the backup lamps while the vehicle was in forward motion, its installation for test market purposes on vehicles in use appears precluded by the statutory prohibition.

However, a manufacturer of motor vehicles may petition for a temporary exemption from paragraph 2 on the basis that an exemption would facilitate the development and field evaluation of an innovative safety device. Such exemptions may be granted for a p eriod of up to two years, and they cover up to 2500 vehicles a year while the exemption is in effect. I enclose a copy of 49 CFR Part 555 which contains our exemption procedures. Thus, to test market your device you would have to persuade a manufacture r of new motor vehicles to petition for its use.

Your second question is whether you would be in violation of Federal law by manufacturing and selling this device. The answer is no. This device is outside the coverage of Standard No. 108, and no one is prohibited from either selling the device or buy ing it. However, as noted earlier, its installation by a manufacturer, distributor, dealer, or motor vehicle

repair business on a vehicle in use, would be prohibited by the Act.

Attached is a copy of 49 CFR Pt 555 (text omitted).