Interpretation ID: nht91-1.30

DATE: January 25, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Jack Barben -- Custom Form Mfg. Inc.

TITLE: None

ATTACHMT: Attached to letter dated 10-8-90 from Jack Barben to Paul Jackson Rice (OCC 5293)

TEXT:

This replies to your letter of October 8, 1990, with respect to a lighted side rail for pickup trucks that you wish to sell in the aftermarket. The rail would be offered in colors of amber, hot pink, and hot yellow. Your literature shows the rails as mounted immediately above the right and left longitudinal sides of the pickup bed. You would like to know our position on compliance of this product.

Aftermarket lighting equipment is permissible under the statutes and regulations of our agency as long as its installation by a manufacturer, distributor, dealer, or motor vehicle repair business does not render inoperative, in whole or in part, any element of design or device installed in accordance with a Federal motor vehicle safety standard. You have informed us that your literature warns against installation of the device in any manner that would orient it towards the front or rear of the vehicle, rather than along its sides. Also, you would provide instruc- tions "for separate fusing of the electrical supply lines." Under these circumstances, we believe that there would not be any rendering inoperative of the lighting equipment required by Motor Vehicle Standard No. 108. Further, the lighted side rails would appear to enhance the conspicuity of the vehicle from the side, even though the colors you intend to offer are not the red of the vehicle's rear side marker lamp and reflector.

We are not in a position to advise whether the lighted side rails would comply with the laws of any State in which a vehicle so equipped is registered or operated. We recommend that you ask the opinion of the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203 on this issue.

You have commented that "This is a proprietary product and would appreciate your treatment as such." However, based upon a telephone conversation between you and Bill Fox of my staff, I understand that you do not expect confidential treatment of any of the information in your letter. Therefore, both your letter and our reply will be made available for inspection by the public in accordance with our policy on interpretations.