Interpretation ID: nht91-5.31

DATE: September 3, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Thomas R. Steinhagen -- Custom Accessories, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 8-1-91 from Thomas R. Steinhagen to Dee Fujita (OCC 6298)

TEXT:

This responds to your August 1, 1991 letter to Ms. Fujita of my off asking whether Federal Motor Vehicle Safety Standard No. 107, Reflecting Surfaces, applies to a replacement windshield wiper arm and blade sold at retail, the end consumer.

As Ms. Fujita informed you in a July 31, 1991 telephone conversation, generally speaking, the answer is no. Standard 107 applies to new motor vehicles--passenger cars, multipurpose passenger vehicles, trucks and buses (paragraph S2 of Standard 107)--and not to items of motor vehicle equipment, such as replacement wiper arms and blades. Thus, replacement wiper arms and blades may be sold to consumers without violating Federal law, even if the component does not meet Standard 107.

However, S108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act prohibits any manufacturer, distributor, dealer or repair business from "rendering inoperative" any device or element of design installed in or on a vehicle in compliance with an applicable safety standard. This prohibition applies to both new and used vehicles. If a person in the aforementioned categories installed on a vehicle a wiper arm and blade that did not meet the specular gloss requirements of Standard 107, it would be rendering inoperative the compliance of the vehicle with Standard 107. Violations of S108 of the Safety Act are subject to a civil penalty of up to $1,000 per violation. The prohibition of S108(a)(2)(A) does not apply to individual vehicle owners who alter their own vehicles. Thus, individual owners may install any item of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, NHTSA encourages vehicle owners not to tamper with vehicle safety equipment if the modification would degrade the safety of the vehicle.

In addition to the above, you should be aware that manufacturers of motor vehicle equipment are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects relating to motor vehicle safety. If you or NHTSA determines that a safety-related defect exists, you must notify purchasers of your product and remedy the problem free of charge. Any manufacturer which fails to provide notification of or remedy for a defect are subject to a civil penalty of up to $1,000 per violation.

I hope this information is helpful. Please contact my office if you have further questions.