Interpretation ID: 2880o
Gager, Henry & Narkis
One Exchange Place
P.O. Box 2480
Waterbury, CT 06722-1791
Dear Ms. Cappalli:
This is a response to your letter of last year to Ms. Tilghman of my staff, seeking an interpretation of Standard 125, Warning Devices (49 CFR 571.125). I apologize for the delay in this response. Specifically, you asked whether your client may proceed with the manufacture and distribution of a warning device, which you described further as an equilateral triangle with legs of 10 3/8 inches each. You also enclosed a diagram of the proposed device.
Let me begin by explaining that your client does not need approval from this agency to manufacture or distribute this product. Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(1)(A); Safety Act) provides that, "No person shall manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States, any ... item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title unless it is in conformity with such standard ..." Section 114 of the Safety Act (15 U.S.C. 1403) establishes a certification process under which each manufacturer is required to certify that its products meet all applicable Federal safety standards. Therefore, your client, as a manufacturer of motor vehicle equipment, must certify that this product complies with all applicable standards. This agency has no authority under the Safety Act to approve, certify, or otherwise endorse any commercial product.
The warning device your client plans to produce is motor vehicle equipment, within the meaning of section 102(4) of the Safety Act (15 U.S.C. 1391(4)). Thus, the question is whether this warning device complies with applicable safety standards.
Paragraph S3 of Standard 125 reads as follows: "This standard applies to devices, without self-contained energy sources, that are designed to be carried in motor vehicles and used to warn approaching traffic of the presence of a stopped vehicle, except for devices designed to be permanently affixed to the vehicle." Since your client's product falls within this description, your client must certify that the product complies with all requirements of Standard 125. Section 108(b)(2) of the Safety Act (15 U.S.C. 1397(b)(2)) requires your client to exercise "due care" in making any such certification.
Based on the description in your letter, it does not appear that your client can certify that this device complies with one of the requirements in Standard 125. Paragraph S5.2.2 of Standard 125 states that, "Each of the three sides of the triangular portion of the warning device shall be not less than 17 and not more than 22 inches long, and not less than 2 and not more than 3 inches wide." According to your description, the sides of your client's proposed device would be only 10 3/8 inches long. Your client will have to increase the length of the sides in order to certify that this proposed warning device complies with Standard 125. We do not have enough information to offer any opinions as to whether this product appears to comply with the other requirements of Standard 125.
You asked for information on how your client could obtain an exemption from Standard 125 if necessary. There is no provision in the Safety Act for exempting items of motor vehicle equipment from any applicable safety standard. However, section 157 of the Safety Act (15 U.S.C. 1417) gives this agency the authority to exempt equipment manufacturers from the requirement to give notice to owners and to remedy noncompliances with applicable standards, if the agency determines that the noncompliance is inconsequential as it relates to motor vehicle safety. The procedures for implementing this statutory authority are set forth in 49 CFR Part 556, Exemption for Inconsequential Defect or Noncompliance.
Since your client plans to become a manufacturer subject to the requirements of the Safety Act, I am enclosing a copy of a general information sheet that briefly outlines the new manufacturer's responsibilities and explains how to get copies of relevant regulations. If you have some further questions or need further information on this subject, please contact Joan Tilghman of my staff at this address, or by telephone at (202) 366-2992.
Sincerely,
Erika Z. Jones Chief Counsel
Enclosure
ref:125 d:7/18/88