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Interpretation ID: visor21836



    Mr. Richard Larson
    55 South Smith Street
    Palatine, IL 60067-2636

    Dear Mr. Larson:


    This responds to your letter asking for information about the application of Federal safety standards to a sun visor attachment. As you state, the attachment "is roughly 2 inches in diameter and can be attached to the visor wherever the driver prefers" and "is translucent and can be tinted as well." You do not mention, however, the purpose of the attachment, or provide a more thorough description of the product. Further, you ask for information regarding 49 U.S. Code (U.S.C.) 30122, the "make inoperative" provision of our statute (formally codified at 15 U.S.C. 108(a)(2)(A).) (1)

    By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. Federal law establishes a self-certification system under which motor vehicle and equipment manufacturers themselves certify that their products comply with all applicable standards. For that reason, NHTSA neither tests, endorses, nor grants letters of approval of products prior to their introduction into the retail market. Rather, we enforce compliance with the standards by purchasing new vehicles and equipment and testing them. We also investigate safety-related defects.

    As far as we can tell from your letter, your product appears to be an item of motor vehicle equipment regulated by NHTSA. Our statute defines "motor vehicle equipment," in relevant part, as any system, part, or component "sold ... as an accessory or addition to a motor vehicle" (49 U.S.C. 30102(a)(7)(B)). An item of equipment is an accessory if it meets the following criteria:

    a.   A substantial portion of its expected uses are related to the operation or maintenance of motor vehicles; and

    b.   It is purchased or otherwise acquired, and principally used by ordinary users of motor vehicles.

    Your sun visor attachment is an accessory because it was presumably designed with the expectation that a substantial portion of its expected use will be with motor vehicles. (We make this assumption because you designed the product to attach to a vehicle's sun visor, "wherever the driver prefers.") Further, the attachment is intended to be purchased and principally used by ordinary users of motor vehicles.

    There is currently no FMVSS that is directly applicable to a sun visor attachment sold directly to a consumer. The FMVSSs that regulate aspects of sun visors, FMVSS No. 201, Occupant Protection in Interior Impact, and FMVSS No. 302, Flammability of Interior Materials, apply only to new, completed motor vehicles (i.e., vehicles that have not yet been sold for purposes other than resale) and not to items of aftermarket equipment, such as a sun visor attachment. However, a manufacturer of aftermarket equipment, whether you or a licensee, is subject to the requirements of 49 U.S.C. 30118-30121 (copy enclosed) which set forth the notification and remedy (recall) requirements for products with defects related to motor vehicle safety. Thus, if NHTSA or the manufacturer of the product determines that the product contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. The installation of the sun visor attachment by a commercial entity is also subject to certain restrictions, as discussed below.

    Our statute at 49 U.S.C. 30122, formerly 108(a)(2)(A) of the Vehicle Safety Act (the section of which you inquire in your letter), provides that a manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly "make inoperative" any device or element of design installed on or in a new or used motor vehicle in accordance with any FMVSS. Therefore, the sun visor attachment could not be installed by any of those entities if such use would adversely affect the compliance of a vehicle with any FMVSS, including but not limited to those identified above.

    The "make inoperative" provision does not apply to equipment attached to or installed on or in a vehicle by the vehicle owner. However, NHTSA urges vehicle owners not to degrade the safety of any system or device on their vehicles.

    I note that the Department's Federal Motor Carrier Safety Administration has jurisdiction over interstate motor carriers operating in the U.S. You should contact that agency at (202) 366-4012 for information about any requirements that may apply to your product.

    In addition, states have the authority to regulate the use and licensing of vehicles operating within their jurisdictions and may prohibit sun visor attachments. Therefore, in response to your question regarding who you should contact regarding the standards of each state, you should check with the Department of Motor Vehicles in any state in which the equipment will be sold or used. In further response to your question, we regret that we do not have the internet addresses for each state.

    For your further information, I am enclosing a fact sheet we prepared entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment, and Where to Obtain NHTSA's Safety Standards and Regulations.

    I hope this information is helpful. If you have any questions or need additional information, feel free to contact Nancy Bell of my staff at (202) 366-2992.


    Sincerely,


    Frank Seales, Jr.
    Chief Counsel


    Enclosures
    ref:201#302
    d..8/30/00

    1. Our statute, formerly the National Traffic and Motor Vehicle Safety Act, was recodified in 1994 without substantive change. It is now codified at Title 49 of the U.S. Code in Chapter 301, Motor Vehicle Safety.)