Interpretation ID: aiam4401
Office Administrator
Classic Auto Accessories
1029 Sixth Avenue South
Seattle
WA 98134;
Dear Ms. Cottle: This letter responds to your inquiry of June 30, 1987, where you as for information 'regarding any federal regulation that may apply to or restrict the use of items which might be suspended from the centered rear view mirror in an automobile or truck.' In your letter, you refer specifically to 'decorations' such as hanging dice and air fresheners, and express your company's wish 'to avoid liability for any obstruction of vision which might occur as the result of the use of such items.' Your letter does not say whether you manufacture the kinds of products you list, or install these kinds of products in motor vehicles.; First, please be aware that the National Highway Traffic Safet Administration (NHTSA) has authority to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA does not approve vehicles or equipment, nor does the agency endorse any commercial products. Instead, the National Traffic and Motor Vehicle Safety Act establishes a 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.; A product would fall under our agency's jurisdiction if it is an ite of 'motor vehicle equipment' as that term is defined in S102(4) of the National Traffic and Motor Vehicle Safety Act. Section 102(4) defines 'motor vehicle equipment' in relevant part as follows:; >>>...any system, part, or component of a motor vehicle as originall manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component, or as any *accessory*, or addition to the motor vehicle...(Emphasis added.)<<<; In determining whether an item of equipment is an 'accessory,' th agency assesses two factors: first, whether the item has no ostensible purpose other than use with a motor vehicle, and second, whether the item is intended to be used principally by ordinary users of motor vehicles. The kinds of products you list do not fall within this framework, and therefore NHTSA does not regard them as items of motor vehicle equipment subject to our regulation.; There is one section of the Safety Act that I would call to you attention. Among other things, S108(a)(2)(A) of the Act states that:; >>>No manufacturer, distributor, dealer or motor vehicle repai business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard...<<<; If your company is among the persons or performs the kinds o operations in S108(a)(2)(A), then it may not remove, disconnect, or degrade the performance of safety equipment or designs installed in compliance with an applicable Federal safety standard. For example, you could not install any item in a motor vehicle that would render inoperative Standard 111 (Rearview Mirrors) 'field-of-view' specifications. (I enclose a copy of that Standard.); However, S108(a)(2)(A) does not apply to vehicle owners. Therefore owners may install items in their own cars, even if doing so involves removal, disconnection or degradation of safety equipment or designs, without violating S108(a)(2)(A). Further, neither the manufacture of such items nor their sale to vehicle owners violates that prohibition.; Please note that a violation of S108 or of any regulation issued unde it is punishable by a civil fine of up to $1000 for a related series of violations.; Finally, you may wish to consult the laws of the various States t determine whether there are any limitations in their laws on the hanging of objects from inside rearview mirrors.; I hope you find this information helpful. Sincerely, Erika Z. Jones, Chief Counsel