Interpretation ID: 7297
537 Rock Springs Road
Atlanta, Georgia 30324
Dear Mr. Henry:
This responds to your letter that requested information about how the laws and regulations administered by this agency would apply to a device you wish to market. Since your device is an item of "motor vehicle equipment," it would be subject to our jurisdiction as explained below.
In your letter, you stated that when installed in a motor vehicle, your device would automatically shut down the "lighting circuits of an automobile or vehicle" within a prescribed time period after the motor is turned off. In a telephone conversation with Dorothy Nakama of my staff, you explained that the lights controlled by the device are the headlights and tail lights.
By way of background information, NHTSA has no authority to approve, endorse or offer assurances of compliance for any motor vehicle or item of motor vehicle equipment. Instead, the National Traffic and Motor Vehicle Safety Act of 1966 ("Safety Act," 15 U.S.C. 1381 et seq.) authorizes this agency to regulate "motor vehicles" and "motor vehicle equipment." Section 102(4) of the Safety Act (15 U.S.C. 1391(4)) defines "motor vehicle equipment," in part, 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...
As an "addition" to the motor vehicle that automatically shuts off the vehicle's lights, after the motor is shut down, we would consider your device as "motor vehicle equipment."
There are no specific provisions in the safety standards that set forth requirements for devices that automatically shut off lights on motor vehicles, after the motor is shut down. Thus, your company as the manufacturer of such a device would not have to certify that the device complies with any safety standards before offering it for sale to the public.
From your letter, it appears that your device is initially intended for installation after first sale of the motor vehicle to the public, but may later be sold for installation before such sale. The addition of this device to a vehicle before the vehicle's first sale could affect the vehicle's compliance with the safety standards. NHTSA's certification regulation requires vehicle manufacturers to permanently attach a label to each of their new vehicles stating that the vehicle complies with all applicable safety standards. See 49 CFR 567.4. The certification regulation also sets forth requirements for persons who modify previously certified vehicles by adding, modifying, or substituting readily attachable components. Such persons are considered "alterers" of the previously certified vehicles. Alterers are required to leave the original manufacturer's label in place and affix an additional label identifying the alterer and stating that the vehicle, as altered, continues to comply with all applicable safety standards. See 49 CFR 567.7. As you may be aware, Federal Motor Vehicle Safety Standard No. 101; Controls and displays, specifies requirements for the illumination of motor vehicle controls and displays, and Standard No. 108; Lamps, reflective devices, and associated equipment, specifies requirements for lamps on motor vehicles.
While your letter gave no details about how this device would be installed in a vehicle, it seems highly unlikely that a device would be regarded as "readily attachable" if it is designed to automatically shut off lights on a motor vehicle, when the motor is shut down. Thus, any person that installed this device on a new vehicle before the vehicle's first sale to the public would be required to certify that the vehicle complies with all applicable safety standards, including Standards No. 101 and 108, with this device installed.
After the first sale of the vehicle to the public, certain persons who modify vehicles are subject to the prohibition in section 108(a)(2) of the Safety Act (15 U.S.C. 1397(a)(2)). That section provides 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..."
To avoid a "rendering inoperative" violation for vehicles that comply with any of our safety standards, commercial after market installers of your device should examine any installation instructions that you may have for your device and compare those instructions with the requirements of our safety standards, to determine if installing the device in accordance with those instructions would result in the vehicle no longer complying with any of those safety standards. If the installation of your device would not result in a "rendering inoperative" of the vehicle's compliance with the safety standards, the device can be installed by manufacturers, distributors, dealers and repair shops without violating any Federal requirements.
The prohibitions of Section 108(a)(2)(A) do not apply to the actions of a vehicle owner in modifying his or her vehicle. Thus, a vehicle owner would not violate the Safety Act by installing your device even if doing so would adversely affect some safety feature in his or her vehicle.
Manufacturers of motor vehicle equipment such as your device are also subject to the requirements in sections 151-159 of the Safety Act (15 U.S.C. 1411-1419) concerning the recall and remedy of products with defects related to motor vehicle safety. The Safety Act specifies that if either your company or this agency determines that a safety-related defect exists in your device, your company as the manufacturer must notify purchasers of the safety-related defect and must either:
(1) repair the product so that the defect is removed; or
(2) replace the product with identical or reasonably equivalent products which do not have a defect.
Whichever of these options is chosen, the manufacturer must bear the full expense and cannot charge the owner for the remedy if the equipment was purchased less than 8 years before the notification campaign.
For your information, I have enclosed a copy of an information sheet for new manufacturers of motor vehicles and new motor vehicle equipment. This sheet gives a brief description of our regulations and explains how to obtain copies of those regulations. You should also be aware that state laws may apply to the use of your device. For further information on state laws, you may wish to contact the American Association of Motor Vehicle Administrators at 4600 Wilson Boulevard, Arlington, Virginia 22203.
I hope this information is helpful. Please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992 if you have any further questions or need additional information.
Sincerely,
Paul Jackson Rice Chief Counsel
Enclosure ref:VSA#101#108 d:8/l7/92