Interpretation ID: aiam3521
G. & C. Mills Plastics Inc.
9 Carrier Drive
Ontario
Canada M9V4B2;
Dear Mr. Mills: This responds to your recent letter asking whether an auxiliary win deflector which you sell must have a 'safety label.' Also, you ask whether you should send one of your products to the agency in order to obtain official approval.; The answer to your first question is yes. Section 108(a)(1) of th National Traffic and Motor Vehicle Safety Act provides that no person shall; >>>'(A) manufacture for sale, sell, offer for sale, or introduce o deliver for introduction in interstate commerce, or import into the United States, any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title unless it is in conformity with such standard . . .; '(C) fail to issue a certificate required by section 114, or issue certification to the effect that a motor vehicle or item of motor vehicle equipment conforms to all applicable Federal motor vehicle safety standards, if such person in the exercise of due care has reason to know that such certification is false or misleading in a material respect.'<<<; Since your auxiliary wind deflector is a piece of motor vehicl equipment and is subject to Safety Standard No. 205, *Glazing Materials*, you are required by section 108 to certify that it complies with that standard. As noted on page 2 of our October 8, 1980 letter to Mr. Hingtgen (which you received), section 114 of the Vehicle Safety Act requires the manufacturer or distributor to place a label or tag on the item of equipment or on the outside container in which the equipment is delivered. This label or tag must state (i.e., certify) that the item of equipment complies with all applicable safety standards, in this case Standard No. 205. You are correct in your assumption that you print this label or tag yourself. The agency does not provide the labels.; In answer to your second question, you should not send a sample of you product to the agency for approval. The agency does not grant prior approval of any motor vehicle or piece of motor vehicle equipment. As you can see from section 108 quoted above, the Vehicle Safety Act requires self- certification by the manufacturer that its product is in compliance with all applicable Federal motor vehicle safety standards. The agency's enforcement program begins only after the manufacturer has certified its product (i.e., the agency may obtain an item of equipment or vehicle from the open market and determine whether it is in fact in compliance with all standards).; I hope this has answered all remaining questions you might have. Sincerely, Frank Berndt, Chief Counsel