Interpretation ID: 1985-02.3

TYPE: INTERPRETATION-NHTSA

DATE: 03/22/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Mr. Carl R. Ball

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your letter of February 20, 1985, asking whether Safety Standards Nos. 212 and 219 prohibit the mounting of police spotlights on the door post of a vehicle. None of our standards prohibit such a mounting; however, the mounting must be done in a manner that the vehicle still complies with our safety standards. The following discussion more fully explains the effect of the agency's standards on spotlight mounting.

If the spotlight is mounted on a new vehicle before its first purchase, for purposes other than resale, the person installing the spotlight would have to certify that the vehicle, as altered, continues to comply with all of the applicable Federal motor vehicle safety standards. Since the A pillar of the vehicle would have to be altered to install the spotlight, the installation could affect the vehicle's compliance with Standard No. 212, Windshield Retention, as well as Standard No. 216, Roof Crush Resistance. If the spotlight is mounted away from the windshield, it does not appear that the installation would affect the vehicle's compliance with Standard 219, Windshield Zone Intrusion.

If the alteration is made after a vehicle's first purchase, then section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act may apply. That section provides that no manufacturer, dealer, distributor, or motor vehicle repair shop may knowingly render inoperative an element of design installed in compliance with our safety standards. Thus, if any of those persons install a spotlight they must ensure that they have not rendered inoperative the vehicle's compliance with our standards.

Section 108(a)(2)(A) does not apply to individual vehicle owners. However, the agency urges owners that alter their vehicles not to defeat safety equipment installed in the vehicle.

If you have any further questions, please let me know.

Sincerely,

The Atchison, Topeka and Santa Fe Railway Company

Police Department

February 20, 1985

239

Diane K. Steed Administrator The National Highway Safety Administration Attn: Chief Counsel

Dear Ms. Steed:

We have reviewed Motor Vehicle Safety Standards No. 212-76 and 219, regarding windshield mounting and windshield zone intrusion, respectively and we are requesting you opinion with respect to the application of these standards to police vehicles. Specifically, do one or both of these standards prohibit the mounting of standard police spotlights on the door post of the vehicle on either side?

Carl R. Ball Chief of Police