Interpretation ID: 8107
Shimazaki Corp.
10 Columbus Circle
New York, NY 10019
Dear Mr. Kaplan:
This responds to your letter of December 10, 1992, with respect to the relationship of Federal motor vehicle regulations to the Red Alert device that you wish to import and sell in the United States.
The device is located on the accelerator rod. When there is a sudden release of the accelerator, the stop lamps are activated before the driver's foot has touched the service brake pedal. You state also that installation of the device is quick and simple, requiring 10 to 15 minutes and no special tools. You have asked if Red Alert "meets the standard set by your administration and the (sic) how we can get a waiver on this product or does it require one at all."
The descriptive literature that you enclosed notes (under "Authorization Requirements for Installation") that "there are many countries in which it is mandated by regulations that only the brake pedal activate the rear brake lights," and that "Red Alert, situated as it is on the accelerator rod, is illegal in these countries." The United States is one of these countries. Under Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment, the stop lamps may only be activated by the brake pedal. This means that a vehicle that is equipped with Red Alert no longer complies with Standard No. 108.
Under the National Traffic and Motor Vehicle Safety Act, this means that the manufacturer of the vehicle, and any distributor, dealer, or motor vehicle repair business who installs Red Alert is liable for a civil penalty for creating the noncompliance. In addition, if the noncompliance is created by the manufacturer of the vehicle, the manufacturer is obliged to notify owners of the noncompliance, and then to remedy it. However, the Act does not restrict the owner of the vehicle from such modifications as (s)he may perform, even if the modifications result in a noncompliance, unless State laws so forbid. Thus, Federal law does not prohibit a vehicle owner from installing Red Alert but (s)he may not enlist the services of a distributor, dealer, or motor vehicle repair business to perform the installation. In no circumstance is importation and sale of the device itself a violation of Federal law.
These matters and the agency's views on the device are set forth more fully in the enclosed agency letter of January 25, 1990, concerning the Advanced Brake Light Device (ABLD). Noting that both the ABLD and Red Alert originate in Israel, we surmise that Red Alert is a variant of the ABLD. Although the interpretation in this letter does allow installation of the Red Alert at the hands of the vehicle owner, our conclusion is based upon Federal law and should not be construed as an endorsement of the device. The same safety concerns that we expressed in January 1990 remain valid today.
Sincerely,
Paul Jackson Rice Chief Counsel
Enclosure ref:108 d.12/29/92