Interpretation ID: 24065.ztv

D.W. Robertson, Captain
Commonwealth of Virginia
Department of State Police
491 Southlake Boulevard
Richmond, VA 23236

Dear Captain Robertson:

This is in reply to your letter of January 28, 2002, to Taylor Vinson of this Office. You reported receiving inquiries regarding the legality of brush guards. You further reported that courts in Virginia differ on whether Section 46.2-1002 of the Code of Virginia applies to brush guards, and that "the question they have is, does the brush guards diminish the light output?"

In your view, the brush guard raises three questions. We shall answer each in turn.

"1. Are brush guards on motor vehicles, both front and rear, in compliance with FMVSS 108?"

We would rephrase the question as whether motor vehicles equipped with front and rear brush guards are in compliance with Federal Motor Vehicle Safety Standard (FMVSS) No. 108. We addressed this issue in a letter of October 27, 1994, to Thomas L. Wright of the New Jersey Division of Motor Vehicles. I enclose a copy for your reference. In brief, paragraph S7.8.5 of FMVSS No. 108 prohibits new motor vehicles from being sold with "any styling ornament or other feature" in front of a headlamp lens; we regard a brush guard as an "other feature" of the type prohibited by S7.8.5. The letter notes that there is no similar direct prohibition in FMVSS No. 108 regarding other vehicle lamps, including front lamps, but that such other lamps must comply with the photometric requirements of FMVSS No. 108 with the brush guards in place. Thus, the installation of front brush guards in front of a lamp other than a headlamp, or rear brush guards, does not per se create a noncompliance with FMVSS No. 108.

"2. Do brush guards impair the effectiveness of lighting equipment required by FMVSS 108?"

Front brush guards in front of headlamp lenses are prohibited by S7.8.5. As the 1994 letter indicates, other front lamps and rear lamps must comply with photometric requirements with the brush guards in place, and compliance with FMVSS No. 108 would depend on the design and location of the specific brush guard. Compliance also requires that rear lamps meet visibility requirements at certain angles to the right and left of the vehicle.

"3. Are brush guards allowed to be installed on new vehicles by manufacturers?" If not, why?"

A manufacturer must certify that the vehicles it manufactures comply with all applicable Federal motor vehicle safety standards. Thus, a manufacturer could not certify compliance with FMVSS No. 108 if a vehicle is equipped with brush guards in front of headlamp lenses as prohibited by S7.8.5. The manufacturer could certify compliance with FMVSS No. 108 if brush guards are in front of lamps other than headlamps and if it determines that those lamps meet all applicable photometric and visibility requirements with the brush guards installed.

FMVSS No. 108 is not the only Federal motor vehicle safety standard for which compliance may be affected by installation of front brush guards. I enclose a copy of our letter of July 3, 1997, to Steve Brookmire, discussing the relationship of brush guards to airbag deployment under FMVSS No. 208.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosures
ref:108
d.4/5/02