Interpretation ID: 86-2.46

TYPE: INTERPRETATION-NHTSA

DATE: 04/28/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Bill Taylor

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Bill Taylor General Manager Airport Honda P.O. Box 297 Alcoa, Tenn. 377

Dear Mr. Taylor:

This is in reply to your letter of February 24, 1986 to Ms. DeMeter of this office with reference to the installation of a luggage rack on a vehicle equipped with a center high-mounted atop lamp, and the liability of a dealer for such installation if in accident occurred while the rack was in use.

Under the National Traffic and Motor Vehicle Safety Act, a dealer of new passenger cars must not perform such modifications as will create a noncompliance with the Federal motor vehicle safety standards before initial sale of the car. This means that a deck mounted luggage rack must be mounted in such a way that the center high-mounted stop lamp continues to meet the visibility and photometric requirements that it did when originally installed. However, compliance with these requirements is judged with the rack in place, and not with the rack in use. There is no liability of a dealer under the Vehicle Safety Act for any accidents that might occur while the rack is in use.

We are not aware of any suits in State courts seeking recovery against dealers who have installed luggage racks on cars equipped with center high-mounted stop lamps.

Sincerely,

Erika Z. Jones Chief Counsel

February 24, 1986

National Highway Traffic Safety Administration Chief Counsel's Office 400 7th St. Washington, DC 20590

Dear Ms DeMeter:

I am writing in reference to a telephone conversation I had with Ms. Walsh of Consumer Affairs on February 25. I was inquiring as to whether or not federal laws would be violated by installing a luggage rack on the trunk of a 1986 Honda. By doing so, if the driver was to put luggage on the rack, it would block the high-mount stop light. My concern is not only if the customer would be in violation of federal law, but also, what would the dealership's liabilities be if there was an accident while the luggage rack was in use.

Ms. Walsh's reply, after talking with you, was that there is no liability to the dealership. In either case, please send me a letter stating what liability if any, the dealership may have.

Sincerely,

Bill Taylor General Manager

rjc