Interpretation ID: aiam4296
Flag-It Fluorescent Signaling Device Co.
Post Office Box 1709
Bakersfield
CA 93302;
Dear Mr. Schamblin: Your letter of December 29, 1986, to Michael M. Finkelstein has bee referred to my Office for reply. You also addressed a letter of January 9, 1987, to my Office. Because these letter concern the same matter, this response addresses them both. In the December 29 letter, you asked about the appropriate color for your product, the Flag-It Fluorescent Signaling Device. The device, which you enclosed with your correspondence, is a rectangular green fluorescent strip, designed to be permanently attached to and hang vertically from the license plate frame on the front of a motor vehicle.; You state that you designed this device 'especially to meet th requirements for fluorescent material in the front of motor vehicles.' You ask for a 'letter of certification' that your device can be used and sold in the Unites States.; The National Highway Traffic Safety Administration (NHTSA) ha authority to issue safety standards applicable to new motor vehicle and certain items of motor vehicle equipment. However, NHTSA does not approve nor certify motor vehicles or motor vehicle equipment, or endorse any commercial product. Instead, the National Traffic and Motor Vehicle Safety Act establishes a 'self-certification' process under which each manufacturer must certify that its product meets agency safety standards, or other applicable standards. Periodically, NHTSA tests whether vehicles or equipment comply with these standards, and may investigate alleged safety-related product defects.; Your product is an item of motor vehicle equipment under S102(4) of th National Traffic and Motor Vehicle Safety Act, and as such, falls under NHTSA's jurisdiction. However, none of our Federal motor vehicle safety standards applies to your product.; Standard 125, *Warning Devices*, sets uniform design specifications o reflective warning devices used to warn approaching traffic of the presence of a stopped vehicle. As is apparent from the provisions regarding the scope and applications of the standard, Standard 125 applies to devices designed to be carried in motor vehicles and erected when needed to warn approaching traffic. It does not apply to warning devices designed to be permanently attached to a motor vehicle. Nevertheless, you may wish to use the colors specified in paragraph S5.3. They are the ones which the agency believes most appropriate for warning devices subject to the standard.; Standard 108, *Lamps, Reflective Devices, and Associated Equipment* applies to reflective devices. While the agency notes that your product includes reflective material, Standard 108 covers aftermarket reflective devices only to the extent that the aftermarket device replaces required original reflective equipment. Because the kind of device you described is not subject to any Standard 108 requirement as original reflective equipment, it is likewise not subject to any such requirement as aftermarket equipment.; Finally, please be aware that if you or the agency finds your produc to contain a safety-related defect after you market the product, you are responsible for conducting a notice and recall campaign under S154 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1414).; Further, you should be aware that State law may apply to equipment suc as your signaling device. You may wish to consult the state and local transportation authorities in the areas where you intend to market your product.; Sincerely, Erika Z. Jones, Chief Counsel