Interpretation ID: FARRTHFT.ETL

The Honorable Sam Farr
United States House of Representatives
100 West Alisal
P. O. Box 145
Salinas, CA 93902

Dear Congressman Farr:

Your letter to the United States Deparment of Transportation ("DOT") requesting information concerning laws and regulations applicable to car alarms has been referred to the National Highway Traffic Safety Administration ("NHTSA"), an agency within DOT, for response. Your letter refers to a request by your constituent, Ms. Merrill Leffmann of Soquel, California, for information on laws and regulations in this area, particularly those that might govern the volume and duration of the alarms.

NHTSA does not administer any Federal statutes that directly regulate the design or performance of car alarms, nor has it promulgated any regulations that seek to do so. The only regulation promulgated by this agency that refers in any way to the subject of car alarms is 49 CFR Part 543, Exemption from Vehicle Theft Prevention Standard. The Vehicle Theft Prevention Standard, 49 CFR Part 541, was promulgated to implement 49 U.S.C. 33102 and 33103. As Congress directed, the theft standard implements this goal by establishing a "performance standard for identifying major parts of new motor vehicles and major replacement parts by inscribing or affixing numbers or symbols on these parts." 49 U.S.C. 33101(11). It does not require the installation of alarm systems in vehicles, nor does it in any way regulate the performance or other characteristics of such systems.

In 49 CFR Part 543, NHTSA implemented the statutory provision authorizing an exemption from the Theft Standard for vehicle lines equipped with an antitheft device as standard equipment. 49 U.S.C. 33106. The only requirements Congress specified for antitheft devices to qualify for this exemption were: that the device must be in addition to the theft devices required by Federal Motor Vehicle Safety Standard No. 114 (49 CFR 114);

that it must not use a signalling device reserved by state law for use on police, emergency or official vehicles or schoolbuses; and that the vehicle manufacturer must believe that it is capable of reducing or deterring theft. 49 U.S.C. 33106(a)(1).

Likewise, Part 543 does not specify how the antitheft device is to perform or be designed. Instead, it requires a manufacturer applying for an exemption to provide information on how the device is activated and functions in several specified areas: 1) facilitating or encouraging activation by motorists; 2) attracting attention to unauthorized entry; 3) preventing defeat or circumvention of the device by unauthorized persons; 4) preventing operation of the vehicle which an unauthorized person has entered by means other than a key; and 5) ensuring reliability and durability of the device. 49 CFR 543.6(a)(3). The agency then uses the information provided about these functions to decide whether the system will be sufficiently effective in deterring theft to warrant an exemption from parts marking. The regulation does not specify how many of these functions the system must be able to perform, that the system must be capable of performing all of these functions, or how well it must perform these functions. I have enclosed a copy of the Federal theft prevention statute and regulations should you wish to pass them on to your constituent.

I must emphasize that the term "antitheft device" as used in the above statutes and regulations is not synonymous with the term "car alarm" as used in your constituent's letter. A car alarm as commonly understood is a device that emits audio and/or visual signals designed to attract attention to the fact that a theft might be in progress. On the other hand, an antitheft device qualified for exemption under Part 543 may have an "alarm" as one of its elements but is not required to. Indeed, the agency has granted exemptions under Part 543 for a number of vehicle lines equipped with systems that did not include any audible or visual "alarm" or any other means of calling attention to a possible theft.

Since your constituent's letter expressed a particular interest in the noise and duration of car alarms, you might wish to contact the Environmental Protection Agency, the agency responsible for administering Federal noise pollution laws. 42 U.S.C. 4901-4918. Its regulations are found at 40 CFR Chapter I, Parts 201-211. In addition, many localities also have codes or ordinances regulating the loudness and/or duration of noise. Your constituent may wish to contact local jurisdictions for information on their laws and regulations in this area.

I hope this information is responsive to your inquiry. If the agency can be of any further assistance, please contact the Office of Chief Counsel at 202-366-9511, or Mr. L. Robert Shelton, Associate Administrator for Safety Performance Standards at 202-366-1810.

Sincerely

John Womack

Acting Chief Counsel

Enclosures(2)

cc: Washington Office (w/Constituent letter only)

ref:580

d:5/19/96