Interpretation ID: 1984-1.13

TYPE: INTERPRETATION-NHTSA

DATE: 02/13/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: J.N. White

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. J. N. White 1300 California Drive Rolla, MO 65401

This is in response to your January 3, 1984, letter to Roger Fairchild of this office regarding Federal Motor Vehicle Safety Standard No. 111 (Rearview Mirror Systems). You have requested information on the applicability of that standard, particularly in regard to aftermarket mirrors.

FMVSS 111 is a rule or regulation (the terms are generally used interchangeably) establishing requirements for rearview mirrors on new passenger cars, multipurpose passenger vehicles, trucks, buses, school buses, and motorcycles. Aftermarket mirror manufacturers do not have to certify compliance with our standards. However, the addition of an aftermarket mirror to a motor vehicle may be subject to certain legal requirements. Section 108(a)(2)( A) of the National Traffic and Motor Vehicle Safety Act prohibits any manufacturer, distributor, or dealer of motor vehicles or motor vehicle equipment, or any motor vehicle repair business from knowingly rendering inoperative any device or element of design installed on a vehicle in compliance with a safety standard. Thus, manufacturers, distributors, dealers, and repair businesses cannot remove a rearview mirror installed as original equipment in compliance with our standard and replace that mirror with a noncomplying aftermarket mirror. Replacement by other individuals or organizations or replacement with a complying aftermarket mirror would be permitted.

With regard to your final question as to requirements applicable to the use of non-glare glass in mirrors, this agency issued on November 6, 1978, a notice of proposed rulemaking on possible upgrading of rearview mirror requirements (copy enclosed). One part of this proposal would establish image luminance criteria for rearview mirrors. The agency has not yet determined whether this requirement should be implemented, and no action is imminent on that proposal.

Sincerely,

Frank Berndt Chief Counsel Enclosure

January 3, 1984

Mr. Roger Fairchild Legal Counsel NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 400 7th Street N.W. Washington, D.C. 20590

Subject: FMVSS-111 -- Rearview Mirror Systems

Dear Mr. Fairchild:

I have some questions regarding FMVSS-111 and Mr. Kevin Cavey of the Office of Vehicle Safety Standards, National Highway Traffic Safety Administration, suggested that I write to you for the specific answers.

1. Is FMVSS-111 a rule, regulation or law?

2. Does it apply only to new car/truck manufacturers?

3. As far as the sections that apply to rearview mirror systems, specifically convex mirrors, does it apply to "after market" manufacturers, where their product is sold through warehouse distributors, jobbers, mass merchandisers, etc., to the general, public?

4. Is there any pending "legislation" that might prohibit the use of "non-glare" glass in rearview mirrors?

I want to thank you in advance, for your time and efforts in helping me, with the answers to the above questions.

Sincerely,

J.N. White 1300 California Drive Rol1a, MO 65401 cc: J. L. Levenberg & Associates