Interpretation ID: 1985-03.30

TYPE: INTERPRETATION-NHTSA

DATE: 08/13/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Mike Landgraf -- Land Design Group

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Mike Landgraf Land Design Group 685 Lakebird Dr. Sunnyvale, CA 94089

Thank you for your letter of May 21, 1985, concerning Federal regulations that might affect a cargo system for hatch back cars that you are developing. You requested confidentiality for your specific product description and drawing. Since your design has not been marketed as yet, we are granting your request for confidentiality. The following discussion provides an explanation of how our standards would affect a device such as yours.

The National Traffic and Motor Vehicle Safety Act authorizes our agency to issue Federal Motor Vehicle Safety Standards that apply to new motor vehicles and items of motor vehicle equipment. We have not issued any standard that directly applies to a cargo system such as yours. However, use of your system could be affected by Standard No. 111, Rearview Mirrors) which sets performance requirements for rearview mirrors; a copy of the standard and an information sheet discussing the responsibilities of vehicle and equipment manufacturers under our regulations is enclosed for your reference.

Standard No. 111 provides that each inside rearview mirror must provide a specified field of view to the rear of the vehicle. If the field of view of the inside mirror in a new vehicle is obstructed by anything other than head restraints or seated occupants, then an outside rearview mirror must be provided on the passenger's side of the vehicle. Thus, if your product were installed in a new vehicle by a manufacturer or dealer prior to its sale to a consumer, and if installation of your product would mean that the inside rearview mirror would no longer comply with the applicable field of view requirements, they would have to ensure the vehicle was equipped with the necessary additional mirror required by Standard No. 111.

In 1974, Congress amended the National Traffic and Motor Vehicle Safety Act to address the problem of persons tampering with safety equipment installed on a motor vehicle by adding section 108(a)(2)(A) to the Act. That section provides, in part, that:

No manufacturer, distributor, dealer, or motor vehicle repair 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 . . . .

Thus, if a manufacturer, distributor, dealer, or motor vehicle repair business adds your product to a used vehicle and if its installation would mean that the inside rearview mirror would no longer comply with the applicable field of view requirements, they would have to install an outside passenger side mirror. Section 108(a)(2)(A) does not establish any limitations on an individual vehicle owner's ability to alter his or her own vehicle. Thus, under Federal law, individual vehicle owners can themselves install any equipment they want on their vehicles, regardless of whether that equipment would render inoperative the compliance of the vehicle with the performance requirements of Standard No. 111. They would, of course, still have to comply with any applicable State laws.

I hope this information is of assistance to you. If you have further questions, please let me know.

Sincerely,

Jeffrey R. Miller Chief Counsel

Enclosures