Interpretation ID: 19359.rbm

Martha A. Geer, Esq.
Patterson, Harkavy & Lawrence
200 West Morgan St.
Raleigh, NC 27611

Dear Ms. Geer:

This responds to a request for an interpretation by this office as to whether a cellular phone charger constitutes a piece of motor vehicle equipment as that term is used in 49 U.S.C., Chapter 301, "Motor Vehicle Safety" (the Safety Act), and if so, what legal limitations apply to that product.

The product you described is designed to charge the cellular phone's battery and is intended exclusively for installation in motor vehicles. You state that installation usually occurs after the vehicle has been purchased by the consumer. The cellular phone charger operates by drawing current from the vehicle's battery.

Your first question was whether this device would be considered an item of motor vehicle equipment within the meaning of the Safety Act. 49 U.S.C. 30102(a)(7) defines, in part, the term "motor vehicle equipment" as:

Since the product you described is not original equipment or sold for replacement or improvement of any original equipment, it would be included within this definition only if it were an "accessory." In determining whether an item of equipment is considered an accessory, the National Highway Traffic Safety Administration (NHTSA) applies two criteria. The first criterion is whether a substantial portion of the expected use of the item is related to the operation or maintenance of motor vehicles. We determine a product's expected use 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. If the product satisfies both criteria, then the product is considered an "accessory" and is subject to the provisions of the Safety Act.

Applying these criteria to the cellular phone charger you have described, it appears that this product would be an accessory and is consequently an item of motor vehicle equipment under the Safety Act. NHTSA has not issued any safety standards that directly apply to the product you have described. Nevertheless, there are several statutory provisions of which you should be aware.

First, 49 U.S.C. 30122 states that "no manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly make inoperative, in whole or 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."

If installing the charger would adversely affect compliance with a safety standard, then it would "make inoperative" a design element in compliance with a Federal motor vehicle safety standard. A manufacturer, distributor, dealer, or repair business who committed such an act would be subject to a civil penalty of up to $1100 for each violation. Since the statute is limited to manufacturers, distributors, dealers, and motor vehicle repair businesses, a vehicle owner would not violate the Act by installing the device even if doing so would adversely affect some safety feature in his or her vehicle or equipment.

Second, the manufacturer of the charger would be a motor vehicle equipment manufacturer. The manufacturer would be subject to the notification and remedy requirements for products with defects related to motor vehicle safety (49 U.S.C. 30118-30121). A "defect" includes "any defect in performance, construction, a component, or material of a motor vehicle or motor vehicle equipment." "Motor vehicle safety" is defined as "the performance of a motor vehicle or motor vehicle equipment in a way that protects the public against unreasonable risk of accidents occurring because of the design, construction, or performance of a motor vehicle or motor vehicle equipment performance." 49 U.S.C. 30102.

If the manufacturer or NHTSA determined that the product had a defect related to motor vehicle safety, the manufacturer would have to notify all product purchasers of the defect, and either:

1. Repair the product so that the defect is removed; or

2. Replace the product with an identical or reasonably equivalent product that does not have the defect.

The manufacturer would have to bear the full expense of the recall campaign, irrespective of the option chosen, for any owner who purchased the product less than eight years before the determination that defect existed

I hope you find this information helpful. If you have further questions about NHTSA's safety standards, please feel free to contact Rebecca MacPherson of my staff at this address or by telephone at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:VSA
d.6/23/99