Interpretation ID: 22652.ztv

AIR MAIL

Mr. Richard King
Manager/Director
Wheel Lighting Devices, Ltd.
Downs Road South Brydone R.D. 4
Gore, New Zealand

FAX: 64 3 2066786

Dear Mr. King:

John A. Hill has asked that we send our reply to you responding to his e-mails of January 4 and February 2, 2001, in which he asked for an interpretation of U.S. Federal laws as they relate to "HubLites." His e-mails have been supplemented by yours of March 5, 2001, to Taylor Vinson of this Office.

Mr. Hill explained that HubLites are "novelty lighting equipment," installed on the hubs of heavy trucks and trailers. It is equipment offered in the aftermarket and will "be retrofitted by truck owners themselves." In his opinion, HubLites do not interfere with any of the lighting equipment required under Federal Motor Vehicle Safety Standard No. 108. You have informed us that HubLites are steady-burning and "orange/amber" in color.

The installation of aftermarket lighting equipment under the laws of the United States is governed by 49 U.S.C. 30122, Making safety devices and elements inoperative. Essentially, this section prohibits manufacturers, distributors, dealers, and motor vehicle repair businesses from modifications that create a noncompliance with any Federal motor vehicle safety standard. However, Section 30122 does not include owners in the list of persons prohibited from making modifications. Mr. Hill has informed us that HubLites will be installed by truck owners. Thus, the prohibition would not appear to apply. However, the use of HubLites is subject to the laws of the individual states in which they are used, and we are unable to advise you on these.

We differ with Mr. Hill's unsupported conclusion that HubLites would not interfere with any of the lighting equipment required by Standard No. 108. The fact that a vehicle owner may legally modify his or her vehicle in a manner that would cause it to no longer comply with a Federal safety standard does not mean that it is wise to do so; in fact, it lowers the safety level of the vehicle. I would call your attention to a similar product which was the subject of an opinion letter from this Office of March 15, 1989, to Byung M. Soh. In that instance, the product was a self-lighting hub cap which included a motion-activated LED light whose intensity varied according to the speed of the vehicle. We stated our belief that "effectiveness [of some required lamps] may be impaired if the device created . . . confusion with the signal sent by another lamp," and that the hubcap light might cause "motorists to confuse its signal with the signal emitted by headlamps, stoplights, brakelights, taillights, side marker lamps, and other lighting devices." In our opinion, "such confusion is possible since your product is located on the wheels at approximately the same level as some of the lights required by Standard No. 108. This impairment of effectiveness would be especially likely if the hub cap lights were the same color (red, amber, or white) as the lights required by Standard No. 108." The previous two sentences apply equally as well to the factors of color and location of HubLites; they would not be permissible under Standard No. 108 as original equipment. Although a truck or trailer owner may install HubLites without violating Section 30122, this should not be interpreted or advertised as indicating U.S. "approval" of HubLites. We have no authority to "approve" or "disapprove" vehicles or equipment; we only advise as to the relationship of these products to the laws that we administer.

Mr. Hill asked if other Federal safety laws might apply. Trucks and trailers used in interstate commerce within the United States are subject to the regulations of the Federal Motor Carrier Safety Administration (FMCSA) of the Department of Transportation. We have asked the FMCSA whether HubLites would be prohibited by any of its regulations, and it has informed us that HubLites would not be allowable. Section 393.3 (49 CFR 393.3) of the FMCSA's safety regulations prohibit interstate motor carriers from using additional equipment and accessories if the use of such devices is inconsistent with that agency's regulations, or if the use of such devices decreases the safety of operation of the vehicles on which they are used. With respect to vehicles that it regulates, FMCSA concurs with the impairment conclusions that we have reached. Because 49 CFR 393.11 requires interstate motor carriers to maintain their vehicles to meet the requirements of Standard No. 108, and HubLites would not be permissible under Standard No. 108, HubLites may not be used on trucks and trailers used in interstate commerce and regulated by the FMCSA.

Mr. Hill also asked if there are any other Federal rules that the manufacturer of HubLites should be aware of in order to sell motor vehicle equipment in the United States, such as the need to have a registered agent (the product would be imported from New Zealand). HubLites are motor vehicle equipment. This means that Wheel Lighting Devices, Ltd. must designate an agent for service of process, as set forth in 49 C.F.R. 551.45, Service of process on foreign manufacturers and importers.

Additionally, you should be aware that as a manufacturer of motor vehicle equipment, you will be subject to the requirements of 49 U.S.C. 30118-30121 concerning the recall and remedy of motor vehicle equipment with defects related to motor vehicle safety. If either you or we determine that HubLites contain a defect related to motor vehicle safety, you as the manufacturer would be required to notify purchasers of the defect, and either repair HubLites so that the defect is removed, or provide a non-defective replacement. In either case, your company must bear the full expense of the remedy and cannot charge the owner for the remedy if the product was first purchased less than ten years before the notification campaign.

If you have any questions, you may email Taylor Vinson at tvinson@nhtsa.dot.gov.

Sincerely,

John Womack
Acting Chief Counsel
ref:108
d.4/12/01