Interpretation ID: aiam1106
Engineer
Flex-N-Gate
1306 E. University Avenue
Urbana
IL 61801;
Dear Mr. Khan: In your letter of April 17, 1973 to Mr. Schneider you ask whether th Federal lighting standard, No. 108, applies to you as a manufacturer of rear step-hitch bumpers for pick-up trucks. Since the bumper installation interferes with the original vehicle license plate mounting bracket, provision is made for relocating the license plate in the bumper. You apparently do not yourself mount the bumper to the vehicle, as your letter indicates that they are sold as aftermarket items 'to purchasers of new trucks' and to two truck manufacturers 'who install these items before the trucks are released to the dealers'.; Under the circumstances you describe, Standard No. 108 would not appl to you. Compliance and certification of new vehicles is the responsibility of the truck manufacturers who install the bumpers, although you may have a contractual obligation with them to provide license plate lighting meeting Federal requirements. In the aftermarket, if the bumper is installed prior to delivery of the truck to the purchaser, the dealer making the installation is legally responsible for compliance with Standard No. 108.; Yours truly, Richard B. Dyson, Assistant Chief Counsel