Interpretation ID: Triplex

Mr. Paul Katz
President
Triplex Manufacturing Company
2700 West 50th Street
Chicago, IL 60632

Dear Mr. Katz:

This responds to your letter seeking our opinion whether Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment, would preempt State laws seeking to establish requirements for insurers or repair businesses to install only vehicle lamps and lighting parts that are made by original equipment manufacturers (OEMs).

Your letter was prompted by the case of Avery v. State Farm, which we understand is now on appeal before the Illinois Supreme Court, and various proposed state laws that would make distinctions between OEM and non-OEM parts. You asked two questions.

First, you asked whether OEM and non-OEM lamps and lighting parts are of "like kind and quality" under FMVSS No. 108. In your letter, you state that the term "like kind and quality" is a term that was used by the court in Avery v. State Farm. The term does not appear in the statutes we administer or in our regulations. We note that the requirements under FMVSS No. 108 for original equipment and non-original equipment are the same, and further that the Federal motor vehicle safety standards establish minimum performance requirements. Because FMVSS No. 108 allows a wide range of performance, and does not include specifications that apply to non-safety characteristics such as fit and finish, different lamps may not be of "like kind and quality" yet still comply with Federal requirements.

Second, you asked whether Federal law preempts states from establishing standards for vehicle lamps and lighting parts that are different than those of FMVSS No. 108 based solely on whether the manufacturer is an OEM or non-OEM. Federal law preempts states from enacting laws that impose different requirements from those mandated by the Federal motor vehicle safety standards. States may, however, regulate in various areas including enacting operational, inspection and insurance requirements. In this way, states may be able to establish rules with respect to the repair of crashed vehicles without acting in a manner that is inconsistent with Federal law.

If you have further questions, you may refer them to Mr. Edward Glancy of this office (202-366-2992).

Sincerely,

Jacqueline Glassman
Chief Counsel
cc: Lawrence F. Henneberger, Esq.

ref:108
d.1/21/04