Interpretation ID: 86-5.43

TYPE: INTERPRETATION-NHTSA

DATE: 11/12/86

FROM: ERIKA Z. JONES -- NHTSA CHIEF COUNSEL

TO: JEROME J. ABT -- TRIM-LINE OF WEST WISCONSIN

TITLE: NONE

ATTACHMT: LETTER DATED 09/25/85 FROM JEROME J. ABT TO TAYLOR VINSON -- NHTSA

TEXT: Dear Mr. Abt:

This is in reply to your letter of September 25, 1985, to Mr. Vinson of this office. As a seller of aftermarket "flush mount luggage racks" you are concerned about potential liability should a rear-end collision occur when luggage is carried and blocks the center high-mounted stop lamp (mandatory on all passenger cars manufactured on or after September 1, 1985).

Such an occurrence would not be a violation of the National Traffic and Motor Vehicle Safety Act under which the high-mounted stop lamp standard was issued, as compliance would be judged only with the rack in place but not in use. Your question then cannot be answered under Federal law, but only under the laws of the individual State in which an accident occurs. I suggest that you consult your local counsel for advice.

Sincerely,