Interpretation ID: nht87-3.6

TYPE: INTERPRETATION-NHTSA

DATE: 09/28/87

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: SIDNEY A. GARRETT -- PRESIDENT, BROWN CARGO VAN INC.

TITLE: NONE

ATTACHMT: LETTER DATED 06/29/87 FROM SIDNEY A. GARRETT TO TAYLOR VINSON, OCC 16580

TEXT: Dear Mr. Garrett:

This is in reply to your letter of June 29, 1987, to Taylor Vinson of this office requesting an interpretation of Federal Motor Vehicle Safety Standards No. 108. You state that you are a manufacturer of truck van bodies. With respect to intermediate si de market lamps and reflectors, you state that you are currently "installing lights on our upper rail and reflectors just above the lower rail". You have asked whether you are installing lights and reflectors on the front of each side that are unnecessa ry under current Federal regulations.

The requirements of Standard No. 108 come into effect only when a truck chassis is completed with the addition of the van body. Front side markets and reflectors on a truck must be located as far forward as practicable. This is generally in the front f ender area, and not on the front edge of the van body. Thus, we think you are correct in concluding that the front lights and reflectors you install are unnecessary.

You have also asked "whether compliance with Federal regulations constitutes compliance with the various States' regulations. . . ." As a practical matter, the answer is yes. Under the Act, a State may have its own requirements for the number and locati on of side marker lamps and reflectors but they must be identical to Federal requirements. Once you comply with the Federal requirements for side market lamps and reflectors you cannot be in noncompliance with any State requirement that may differ, beca use the Act prohibits States from having requirements that differ from those of Standard No. 108.

I hope that this answers your questions.

Sincerely