Interpretation ID: 86-3.50

TYPE: INTERPRETATION-NHTSA

DATE: 06/23/86 EST

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: RUDY VALDEZ -- PRODUCT MANAGER; GASKET COMPANY

TITLE: NONE

ATTACHMT: LETTER DATED 05/01/86, TO NHTSA, FROM RUDY VALDEZ, OCC- 0618

TEXT: Dear Mr. Valdez:

This is in reply to your letter of May 1, 1986, with reference to Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment.

Your first question concerns the legality of an aftermarket splash guard installed behind the rear wheels which would incorporate a decorative light; the illustration you enclose shows the word "Ford" illuminated. Although the lighting equipment that is required by Standard No. 108 must be located on a rigid part of the vehicle, there is no such requirement for aftermarket equipment such as the device that you propose. If an item of aftermarket equipment is installed before the sale of a new vehicle to its first owner, such an item is permissible under Standard No. 108 provided that it does not impair the effectiveness of the required lighting equipment, but no matter when it is installed, it would be subject to regulation by any State in which a vehicle so equipped is registered or operated. We are not familiar with State laws on this subject, and recommend that you contact the Department of Motor Vehicles in States where you intend to sell your device.

Your second question asks for information on the new center high mounted stop lamp, saying that you have seen some that do not appear to meet Federal requirements. You ask whether we will require retrofitting of vehicles. The new lamp was optional for passenger cars manufactured on or after August 1, 1984, and mandatory for those manufactured on or after September 1, 1985. The coverage of Standard No. 108 also extends to aftermarket items that are manufactured to replace original equipment center high mounted stop lamps, but there are no Federal requirements for

lamps intended for use on cars that were not originally manufactured with them. We encourage manufacturers to meet the Federal specifications as closely as possible, however, and I enclose a copy of the regulation for your information. We have no authority to require retrofitting of vehicles.

I hope that this answers your questions.

ENCLOSURE

Sincerely,