Interpretation ID: 7439
2510 Glengyle Drive
Vienna, VA 22181
Dear Ms. Andrews:
This responds to your letter asking whether a plastic cone design you are developing would comply with the Department of Transportation's requirements applicable to warning devices. You explained that your device is a 24 inch high inflatable cone with reflector strips on the sides. The cone would be weighted down with sand in an enclosed bottom. Based on the information provided in your letter, it appears that your device would not comply with certain provisions of Federal Motor Vehicle Safety Standard No. 125, Warning Devices (49 CFR 571.125, copy enclosed).
By way of background information, the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., the "Safety Act") gives this agency the authority to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 125. The 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 new motor vehicle or new item of motor vehicle equipment unless the vehicle or item of equipment complies with the applicable standard. (See 15 U.S.C 1397(a)(1)(A).) NHTSA has no authority under the Safety Act to approve, certify, or otherwise endorse any commercial product. Instead, the Safety Act establishes a self-certification process under which each manufacturer is required to certify that each of its products meets all applicable Federal Motor Vehicle Safety Standard. (See 15 U.S.C. 1403.) I am enclosing a general information sheet explaining NHTSA's regulations.
Standard No. 125 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. See section S3. Your planned product appears to be such a device and would therefore need to comply with all of the requirements of Standard No. 125. As the enclosed copy of the standard indicates, your device would have to comply with specific requirements including those for minimum size, durability, material, container, labeling, configuration, color, reflectivity, luminance, and stability. From the information provided in your letter, it appears that your device would not comply with several of these requirements.
Please be aware that violations of Safety Act provisions are punishable by civil fines of up to $1,000 for each violation of a safety standard. In addition, the Act requires manufacturers to remedy their products if they fail to comply with any applicable safety standards.
I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.
Sincerely,
Paul Jackson Rice Chief Counsel Enclosure
Ref: 125 U:\NCC20\INTERP\125\7439.mls cc: NCC-01 Subj/Chron, NCC-20 (MLS), NRM-01, NEF-01 Interp.: Std. 125, Redbook (2)