Interpretation ID: nht87-2.37
TYPE: INTERPRETATION-NHTSA
DATE: 07/09/87
FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA
TO: Mr. Rudy van Kreuningen
TITLE: FMVSS INTERPRETATION
TEXT:
Mr. Rudy van Kreuningen Kraco Enterprises, Inc. 505 E. Euclid Ave. Compton, CA 90224
Dear Mr. van Kreuningen:
This responds to your letters asking about the effect of Federal law or regulations on an aftermarket steel "shelf" which you have designed for installation in the area above the windshield where the sun visors are located. The shelf would be used to hol d small items such as maps or glasses and would be provided with visors on its underside to replace the vehicle's original visors. I apologize for our delay in replying.
The National Traffic and Motor Vehicle Safety Act authorizes our agency to issue federal motor vehicle safety standards which apply to new motor vehicles and items of motor vehicle equipment. It also authorizes us to require the recall and remedy of any motor vehicle or item of motor vehicle equipment which contains a safety defect.
The sun visor in a new vehicle is regulated by Federal Motor Vehicle Safety Standard No. 201, Occupant protection in interior impact, which requires that the visor be "constructed of or covered with energy-absorbing material" and that the visor's mountin g must "present no material edge radius of less than 0.125 inch that is statically contactable by a spherical 6.5-inch diameter head form." The purpose of the standard is to reduce the injuries that occur when unrestrained occupants strike the visor or i ts mounting with their heads. If your shelf were installed by the manufacturer of a new motor vehicle, the visors attached to it would have to comply with the visor requirements of the standard, and the shelf would have to meet the mounting requirements. I am enclosing a copy of the standard for your review.
Although you propose to sell your shelf in the aftermarket, not as an item of original equipment, the standard can nonetheless affect persons who install the shelf. The Act provides that a person who manufactures, distributes, sells or repairs motor vehi cles cannot "render inoperative" a regulated device such as a sun visor or its mounting. If a repair shop were to remove a vehicle's sun visor and replace it with your shelf, the shop would be in violation of the Act unless your shelf complied with the s tandard. The sole exception to this rule is the individual owner, who may install a shelf in his own vehicle without regard to the standard.
In addition to the requirements of the standard, our safety effect authority could have a bearing on your sale of the shelf. If the shelf would normally be installed so that its rear edge could be hit by an occupant's head in a crash, it would seem likel y to cause serious injury. It is thus possible that the shelf would be determined to contain a safety defect subject to recall. I urge you to examine the possibility of such injury before you make further plans to market the shelf.
I hope this information is helpful to you.
Sincerely,
Erika Z. Jones Chief Counsel Enclosure
Office of the Chief Council National Highway Traffic Safety Admin. 400 - 7th Street, S.W. Washington, D.C. 20590
Gentlemen:
On March 25, 1986, we sent a letter to you requesting what safety standards apply on an accessory shelf to be used in cars or trucks.
As of this date, we have not received a reply. Your prompt attention to this matter will be appreciated.
Attached is a copy of the letter for your information.
Sincerely,
Rudy van Kreuningen Director of Engineering RVK/df Encl.
March 25, 1986
Office of the Chief Council National Highway Traffic Safety Administration 400 - 7th Street, S.W. Washington. D.C.
Subject: Accessory Shelf for Truck/Cars
Gentlemen:
Kraco Enterprises is a manufacturer/distributor of automotive aftermarket sound and accessory equipment.
Presently, we are evaluating the feasibility of marketing a "shelf" which is to be installed in the general area where normally visors are located. The shelf is made of steel and is provided with new visors. It is to be used to place small items (cigaret te;, glasses, maps, etc.) within easy reach of the driver or front seat passenger. A sketch of the shelf, including mounting instructions, is attached for your review.
Before pursuing this item further, we would like to receive the following information:
1) Is this type of product presently prohibited?
2) If not, what safety standards apply?
Please supply us with copies of applicable safety standards.
If you desire any additional information, please contact me.
Sincerely,
Rudy van Kreuningen Director of Engineering RVK/df Encl.