Interpretation ID: aiam3599
President
Weldon Incorporated
2000 South High Street
Columbus
OH 43207;
Dear Mr. Donley: This is in reply to your letter of December 10, 1981, regardin continuing compliance of lighting equipment after repairs.; You have asked the following questions: '1. If the original lens is replaced during a field repair by one no manufactured by the original manufacturer, would the lamp's original certification with FMVSS 108 be nullified?'; Repair of a vehicle in service is irrelevant to its certification Certification is the assurance given by the manufacturer to distributors, dealers, and purchasers, that Federal standards are met by his product upon its sale when new. There is no requirement that the certification be valid for the life of the product.; '2. Must a lamp in use remain in conformance with FMVSS 108 after suc repair is made?'; This is a good question, and the answer is no. When repairs ar necessary there is no Federal legal requirement that the lamp remain in conformance afterwards. However, manufacturers, distributors, dealers, and motor vehicle repair businesses may not alter fully functional lamps in a manner that renders them nonconforming, or substitute nonconforming equipment. This prohibition does not apply to the vehicle owner, his modifications are subject only to State and local restrictions.; '3. If the lamp must remain in conformance with FMVSS 108 after suc repair is made, who is responsible for certifying same?'; As I stated earlier, repairs of used vehicles and equipment are no subject to conformance or certification. However, if a lamp is replaced in its entirety, the manufacturer of the replacement lamp is responsible for certifying conformity to Standard No. 108 because that standard covers replacement equipment of the types you mentioned ('e.g., stop lamp, turn signal lamp, school bus warning lamp, marker lamp').; I hope this answers your questions. Sincerely, Frank Berndt, Chief Counsel