Interpretation ID: nht91-7.55

DATE: December 30, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Wallace F. Forbes -- Planar Support Systems, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 11-11-91 from Wallace F. Forbes to Office of the Chief Counsel, NHTSA

TEXT:

This responds to your November 11, 1991 letter in which you asked whether there are any standards that apply to a product you are developing. The product is a "portable back support product which people would be likely to use in their automobiles as well as in other environments."

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act (Safety Act), it is the responsibility of the manufacturer to ensure that its motor vehicles and equipment meet applicable requirements. The following provides our opinion based on the facts provided in your letter.

Your product would fall within NHTSA's jurisdiction if it is an item of "motor vehicle equipment" as that term is defined in S102(4) of the Safety Act. Section 102(4) defines "motor vehicle equipment" as:

any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any ACCESSORY, OR ADDITION TO THE MOTOR VEHICLE ... (emphasis added).

In determining whether an item is an "accessory ... to the motor vehicle," NHTSA applies two criteria. The first criterion is whether a substantial portion of the expected uses of the item are related to the operation or maintenance of motor vehicles. The agency determines the expected uses by considering product advertising, product labeling, and the type of store that retails the product, as well as available information about the actual use of the product. The second criterion is whether the product is intended to be used principally by ordinary users of motor vehicles (E.G., items normally used by professional vehicle repair and maintenance personnel would not qualify). If the product satisfies both criteria, the product is considered to be an "accessory" and this is subject to the provisions of the Safety Act.

While your letter does not provide sufficient information for us to determine whether your product would satisfy the first criterion, you should be able to make a determination based on the factors set forth above. If your product did satisfy the first criterion, it would appear to satisfy the second criterion.

If your product is an item of motor vehicle equipment, NHTSA has not issued any safety standards that would directly apply to your product. However, there are two statutory provisions of which you should be aware. First, S108(a)(2)(A) of the Safety Act states that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard...

These commercial entities could sell your product, but could not install it if the installation would negatively affect the vehicle's compliance with the safety standards. The standards your product would be most likely to affect are those for occupant protection in interior impacts (Standard No. 201), head restraints (Standard No. 202), and flammability resistance (Standard No. 302). (The safety standards are found in Title 49 of the Code of Federal Regulations, Part 571.) Please note however, that the render inoperative prohibition would NOT apply to vehicle owners who install your product in their own vehicles.

Second, if your product is an item of motor vehicle equipment, Planar Support Systems would be a motor vehicle equipment manufacturer. As a manufacturer, you would be subject to the requirements of S151-159 of the Safety Act, concerning the recall and remedy of products with defects related to motor vehicle safety. If you or the agency determined that your product had a defect related to motor vehicle safety, you would have to notify all product purchasers of the defect, and either repair or replace the product. An information sheet for new manufacturers is enclosed.

I hope this information is helpful. If you have any more questions about this issue, feel free to contact Mary Versailles at this address or by telephone at (202) 366-2992.