Interpretation ID: aiam0706
Esquire
South Carolina Attorney General's Office
P. O. Box 11549
Wade Hampton Office Building
Columbia
SC 29201;
Dear Mr. Good: This is in response to your telephone inquiry of May 17, 1972 concerning the preemptive effect of section 103(d) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C 1392) on the authority of States to adopt laws regarding bumpers on passenger cars and other vehicle types.; You stated that you interpreted this section as preventing the adoptio by a State of a passenger car bumper law that was not identical to the Federal motor vehicle safety standard (FMVSS 215) on that subject. You stated further that this result (sic) obtained regardless of whether the State law were cast in terms of safety or property damage reduction.; We agree with both statements. This result is required by both sectio 103(d) and the Federal 'common law' of premption (sic), based on the Supremacy Clause of the Constitution. Were the result otherwise, States could adopt laws which frustrated not only the clear Congressional intent of establishing a uniform set of national regulations, but also the specific objectives of many of our safety standards.; You also asked whether, in view of FMVSS 215's application to passenge cars only, section 103(d) prevented the adoption of State laws regarding bumpers on multipurpose passenger vehicles. You indicated that you thought the answer to be 'no'.; Again, we agree. Section 103(d) provides that whenever there is Federal safety standard applicable to an aspect of performance of any motor vehicle, a State may not 'establish . . . any safety standard applicable to the *same aspect of performance* of *such vehicle* . . . which is not identical to the Federal standard. (Emphasis added.) The application of this section turns upon both of the underlined factors. Consequently, the existence of a Federal safety standard applicable to an aspect of performance of a particular vehicle type does not preclude the establishment of a State law regarding the same aspect of performance of another vehicle type unregulated by the Federal standard. Since FMVSS 215 does not apply to multipurpose passenger vehicles, a State may regulate the bumpers of such vehicles without regard to the Federal standard. Of course, if FMVSS 215 is subsequently extended to multipurpose passenger vehicles, State laws regulating the bumpers on those vehicles would have to be made to conform with the Federal standard or they would be preempted.; Thank you for your interest in motor vehicle safety. As requested, have enclosed a copy of the notice issuing FMVSS 215 (36 F.R. 7218) and related notices. Among the other notices is the notice of proposed rulemaking (35 F.R. 17999) which preceded issuance of the standard. The preamble of that notice contains a passage regarding the preemptive effect of the standard.; Please let me know if I can be of any further assistance. Sincerely, Lawrence R. Schneider, Chief Counsel