Interpretation ID: 2833o
14219 Decatur Drive
Magalia, CA 95954
Dear Mr. Baldwin:
This responds to your May 7, 1988 letter, concerning the "Baldwin Rear-View Mirror Safety System." You stated that this mirror system contains both a flat mirror of unit magnification and a convex mirror, and stated your belief that this mirror system "offers the latest in technology and safety." You requested that the National Highway Traffic Safety Administration (NHTSA) evaluate and approve your mirror system. We have no authority to approve any motor vehicles or motor vehicle equipment, as explained below.
The National Traffic and Motor Vehicle Safety Act of 1966, as amended (the "Safety Act") authorizes this agency to issue safety standards applicable to motor vehicles and items of motor vehicle equipment. The Safety Act also requires that these safety standards establish minimum levels of performance for vehicles or equipment. Once the necessary performance level has been established, vehicle or equipment manufacturers are free to choose any means they wish to achieve the required level of performance. In other words, the safety standards do not require the use of any particular manufacturer's product; the standards permit the use of any manufacturer's product that achieves the necessary performance level. Section 114 of the Safety Act (15 U.S.C. 1403) requires manufacturers to certify that each of its vehicles or items of motor vehicle equipment complies with all applicable safety standards. Because of this provision in the law, NHTSA cannot approve, endorse, or certify any motor vehicle or item of motor vehicle equipment.
NHTSA has exercised its authority to establish performance requirements for new vehicles in Standard No. 111, Rearview Mirrors (49 CFR 571.111; copy enclosed). As you will see, Standard No. 111 establishes performance and location requirements for the rearview mirrors installed in any new vehicle. This means that vehicle manufacturers must certify that each of their new vehicles complies with the applicable requirements of Standard No. 111. Standard No. 111 does not apply to rearview mirrors as items of equipment. The effect of this is to place the certification responsibility for original equipment rearview mirror systems entirely on the vehicle manufacturer. You as the manufacturer of the mirror are not required to certify that your mirrors comply with Standard No. 111 or any other standard.
With respect to your new mirror system, NHTSA has said in many previous interpretations that vehicle manufacturers may install mirror systems that combine flat and convex mirrors on their new vehicles, provided that the flat mirror portion by itself complies with the requirements of Standard No. 111 that are applicable to the vehicle type on which the mirror system is installed. Assuming that the flat mirror portion of your mirror system complies with the requirements of Standard No. 111 for the vehicle type on which it is to be installed, this new mirror system can legally be installed on new vehicles of that type.
Please note that the requirements of Standard No. 111 do not apply to mirrors installed as aftermarket equipment. The only limitation on such installations is set forth in section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits any manufacturer, distributor, dealer, or motor vehicle repair business from knowingly rendering inoperative any device or element of design installed on or in a motor vehicle in compliance with an applicable safety standard. The rearview mirror system in a vehicle is a device installed in compliance with Standard No. 111. If the installation of an aftermarket mirror system resulted in a vehicle no longer complying with Standard No. 111, a manufacturer, distributor, dealer, or repair business that removed a complying system and replaced it with the noncomplying system would have rendered inoperative a device (the mirror system) installed in the vehicle in compliance with Standard No. 111. Section 109 of the Safety Act (15 U.S.C. 1398) specifies a civil penalty of up to $1,000 for each violation of the "render inoperative" provision.
Again assuming that the flat mirror portion of your mirror system complies with the requirements of Standard No. 111 for the vehicle type on which it is to be installed, this new mirror system can legally be installed on used vehicles of that type. If your mirror system does not comply with the requirements of Standard No. 111 for a vehicle type, it cannot be installed on used vehicles of that type by any manufacturer, distributor, dealer, or repair business.
Please note that the Safety Act does not establish any limitations on an individual vehicle owner's ability to alter his or her own vehicle. Under Federal law, individual owners can install any mirror system they want on their own vehicles, regardless of whether that mirror system renders inoperative the vehicle's compliance with the requirements of Standard No. 111.
I hope this information is helpful. If you have any further questions, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.
Sincerely,
Erika Z. Jones Chief Counsel Enclosures
ref:VSA#111 d:8/26/88