Interpretation ID: 2772 cmc cloth label

Ms. Patricia McCluney

310 West Elm Avenue,

Effingham, IL 62401

Dear Ms. McCluney:

This responds to your letter in which you ask about the manufacture and sale of an aftermarket product that would cover the warning sticker on a vehicle sun visor. As explained below, the regulations and standards administered by this agency would not prohibit the manufacture and sale of such a product. However, also as explained below, Federal law limits the parties that would be able to install a product as you have described.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue Federal motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. The agency does not approve, certify or endorse any vehicles or equipment. Instead, manufacturers are required to certify that their vehicles and equipment meet all applicable standards. The following represents our opinion based on the facts you provided.

In your letter you asked whether it is legal to manufacture and sell an aftermarket adhesive backed cloth product that would cover the warning label on a vehicle sun visor. You also stated that the product would be removable.

Currently, no Federal motor vehicle safety standard (FMVSS) applies to your product. Conversely, the agency has established requirements for warning labels on vehicle sun visors. FMVSS No. 208, Occupant crash protection, requires that new vehicles be equipped with labels on the sun visors, which among other things, warn of the danger of placing child occupants in the front seat (S4.5.1(b)). Additionally, FMVSS No. 302, Flammability of interior materials, establishes performance requirements for sun visors. Generally, these standards apply only to vehicles up to the point of first retail sale.

Following the first retail sale of a vehicle, a manufacturer or motor vehicle repair business is prohibited from making inoperative any device or element of design installed on or in a motor vehicle in compliance with an applicable standard (49 U.S.C. 30122; make inoperative prohibition). This prohibition includes removing or obscuring the warning labels required under FMVSS No. 208. Further, this prohibition would apply if your product degraded the flammability performance of the visor.

The make inoperative prohibition does not apply to modifications made to a vehicle by a vehicles owner. As such, an individual would not be prohibited from installing a product as you described which obscures an FMVSS No. 208 warning label. We note however, that the sun visor warning label is intended to be a permanent label. The agency encourages vehicle owners not to degrade the safety of their vehicles.

While no FMVSS currently applies to your product, your device is considered to be an item of motor vehicle equipment. Manufacturers of motor vehicle equipment are subject to the requirements of 49 U.S.C. 30118-30121 concerning the recall and remedy of products with safety related defects. In the event the manufacturer of your product or NHTSA determines that your product contains a safety-related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. You may wish to consult with a private attorney concerning State law implications of your product, including possible tort liability implications.

I hope you find this information helpful. If you have any additional questions please contact Mr. Chris Calamita of my staff at (202) 366-2992.

Sincerely,

Stephen P. Wood

Acting Chief Counsel

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d.6/19/06