Search Interpretations

Interpretation ID: 6845blackout_switch

    Matt Walling, Chief of Police
    4401 Rowlett Rd.
    Rowlett, TX 75088


    Dear Chief Walling:

    This is in reply to an inquiry from Lieutenant Marvin Gibbs of your department regarding the installation of a "blackout switch," i.e., a switch that disconnects a vehicles stop lamps and back-up lamps, on a patrol vehicle. As explained below, a motor vehicle repair business would be prohibited from installing such a device.

    In a telephone conversation with Mr. Chris Calamita of my staff, Lieutenant Gibbs asked about the installation of "blackout switches" in patrol vehicles. Lieutenant Gibbs specifically asked if the switches could be installed by a contracted party.

    Generally, our standards apply to motor vehicle equipment as manufactured up until the point of first retail sale. However, even after first retail sale a manufacturer, distributor, dealer, or repair business cannot "knowingly make inoperative any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable motor vehicle safety standard" (49 U.S.C. 30122; "make inoperative" prohibition).

    I enclose a letter from this Office dated April 4, 2002, to Lee M. Calkins. In that letter, we pointed out that, under the "make inoperative" prohibition a blackout switch could not be installed by any of the above named businesses. Under Section 30122(a), a motor vehicle repair business means "a person holding itself out to the public to repair for compensation a motor vehicle or motor vehicle equipment. If the party with which your department contracted were within the definition of "motor vehicle repair business", it would be prohibited from installing such a switch. I note that the "make inoperative" prohibition does not apply to modifications made to a vehicle by its owner.

    If you have any questions, you may telephone Mr. Calamita of this Office at (202) 366-5263.

    Sincerely,

    Stephen P. Wood
    Assistant Chief Counsel
    for Vehicle Safety Standards and Harmonization

    Enclosure
    ref:108
    d.9/15/05