Interpretation ID: 77-1.21

TYPE: INTERPRETATION-NHTSA

DATE: 02/11/77

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Robert Bosch Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of January 26, 1977, asking for confirmation of several interpretations of Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment.

You are correct that, as an equipment standard, Standard No. 108 applies only to replacement of equipment that was originally mounted on the vehicle to enable it to comply with the requirements of the standard. It does not apply to items not covered by the standard, but which are frequently provided as new vehicle options, such as fog lamps and cornering lamps. Any item of lighting equipment not required is permissable to be installed, as you also noted, if it does not impair the effectiveness of the required lighting equipment (paragraph S4.1.3). Additional lighting equipment is otherwise subject to State regulation.

You also asked "what would be the NHTSA's stand on products where SAE standards do not exist, for example halogen headlights?" A halogen headlamp that does not comply with Standard No. 108 and is intended as a replacement headlamp may not be imported and sold for this use. On the other hand, halogen fog lamps may be imported and sold, subject to State regulations.

I hope this answers your questions.

YOURS TRULY,

ROBERT BOSCH CORPORATION

January 26, 1977

Office of Chief Council (N40-30) NHTSA

Re: Federal Motor Vehicle Safety Standard 108

We have inquired at your Chicago District Office regarding FMVSS108. Robert Weltzer of that office has been extremely helpful in providing information and clarifying our questions. He also suggested we contact you for confirmation of a few points and insight into some others.

Robert Bosch is studying the feasibility of marketing a full line of auxilliary and replacement lighting products. As we understand it, FMVSS 108, Section 2, applies 1). only to actual replacement of equipment supplied new with the vehicle. 2). It is also implied that additional equipment which interferes with OE equipment would fall under this regulation. Can you confirm this?

We would interpret this to mean that 108 does not apply to products offered solely as auxilliary, add-on equipment. In practice, however, we realize that most states rely on the recommendations of the AAMVA (American Association of Motor Vehicle Administration) which bases its recommendations on compliance of equipment with SAE standards, usually verified by ETL testing.

What would be the NHTSA's stance on products where SAE standards do not exist, for example, Halogen headlights?

Since no federal law would then apply to such products, are we right in assuming that state laws would prevail, more or less making the AAMVA's approval mandatory?

We are quite interested in literally shedding some light on the confused regulations prevailing in the U.S. for on-highway vehicle lighting. Bosch has some exceptional lighting products which have proven themselves in the European and Canadian markets in particular. We would also like to contribute here to the same safety awareness and concern that our products address themselves to in other countries.

Any insight and comment to the situation at large would be very much appreciated. We are particularly looking forward to your specific reactions to the questions raised in this letter to help guide our marketing decisions for lights.

Allan Cheshire Market Research Analyst