Interpretation ID: aiam3820
Jr.
P.E.
President
Dotech
Inc.
306 Clanton Road
Charlotte
NC 28210;
Dear Mr. Thrower: This is in response to your letter of February 14, 1984, to Mr. Vinso of my staff asking 'is there any reluctance on the part of NHTSA to make a patented device a legal option under Federal Motor Vehicle Safety Standard No. 108?'; At present, Standard No. 108 mandates specific items of lightin equipment not optional ones (though 'options' as to matters such as size and shape exist among headlamps which are required items). Instead, NHTSA points out that, pursuant to S4.1.3 optional lighting devices (proprietary or not) are allowable, provided that they do not impair the effectiveness of the lighting equipment the standard requires. When proprietary rights are involved in mandated lighting equipment, manufacturers have been willing to waive their rights.; You have also said that you 'presume that other patented automotiv devices also must have DOT approval before their optional public use is permissible.' I don't know what you have in mind, but under the National Traffic and Motor Vehicle Safety Act, no 'approval' by DOT is necessary to market 'optional' motor vehicle equipment of any sort. Such equipment is subject only to the general requirement that its installation must not affect the compliance of the vehicle with any Federal motor vehicle safety standard.; If you have further questions, please let us know. Sincerely, Frank Berndt, Chief Counsel