Interpretation ID: 9176
Vice-President Sales
California Dream
P.O. Box 11
Waukesha, WI 53187
Dear Mr. McQuiston:
This is in reply to your letter of September 29, 1993, to Taylor Vinson of this Office. Your company provides an aftermarket spoiler which incorporates a center stop lamp "that complies with SAE standards." You have asked us for a statement that you could provide your dealers that "would affirm that when the dealer installs a spoiler containing a high mount third brakelight meeting/exceeding SAE standards, they are, in fact providing an equivalent light source, thereby allowing them (dealers) to remain in compliance with federal regulations." You have also enclosed a November 1992 report from ETL Testing Laboratories rendered to Leegold Enterprise Co., Ltd. covering the lamp that we assume to be the one you are offering in your spoiler.
Under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.), in the fact situation you present, the dealer has the following obligations with respect to new and used vehicles. It is obliged to deliver a new vehicle to the buyer with a center highmounted stop lamp that is in full compliance with Federal Motor Vehicle Safety Standard No. 108, and if it does not, it may be in violation of section 108(a)(10(A) of the Act (15 U.S.C. 1397(a)(1)(A)). With respect to a vehicle in use, under section 108(a)(2)(A) of the Act, it may not knowingly render inoperative, in whole or in part, the original center highmounted stop lamp unless it provides a conforming equivalent (agency interpretation of 15 U.S.C. 1397(a)(2)(A)).
Therefore, as a general principle, we affirm your understanding that a dealer may knowingly render an original equipment center highmounted stoplamp inoperative on a vehicle in use, or cause it on a new vehicle to become noncompliant with the requirements of Standard No. 108 if the dealer provides a substitute lamp that meets Standard No. 108's requirements. The test report you provided indicates that the Model LG 03-60B lamp that was tested meets requirements specified in Standard No. 108 and SAE Recommended Practice J186a, and that that particular lamp is an equivalent in performance to an original equipment light source.
Having said that, however, we feel that further comments are in order. The first comment is to clarify a misunderstanding reflected in your letter. The lamp must comply with Standard No. 108, and not with SAE specifications as you have stated. Although Table III of Standard No. 108 does incorporate by reference SAE Recommended Practice J186a, "Supplemental High Mounted Stop and Rear Turn Signal Lamps," September 1977, certain provisions of J186a, such as photometrics, do not apply because they have been modified by the text of Standard No. 108 itself. We are pleased to note that the summary of the test report appears to recognize this distinction.
Our second comment is that, in addition to the assurances that you as the spoiler manufacturer provide the dealer, both you and the dealer are afforded a degree of protection from violations of the Act if Leegold's lamp, in fact, fails to meet Standard No. 108. This is true whether the dealer installs the spoiler either as original equipment or as aftermarket equipment.
With respect to original equipment (i.e., installed before delivery of the vehicle to its first purchaser), Leegold, as the manufacturer of the lamp, is required by section 114 of the Act (15 U.S.C. 1403) to certify to its dealers and distributors that the lamp complies with Standard No. 108 (which may be signified by the symbol "DOT" on the lamp). If the lamp is later discovered to be noncompliant, those who have sold the lamp and any new vehicle on which it has been installed are in technical violation of the Act, but are protected by section 108(b)(1) of the Act from civil penalties, unless they have actual knowledge that the lamp does not meet Standard No. 108 (15 U.S.C. 1397(b)(1)).
With respect to a nonconforming lamp installed after the vehicle's first sale, the original lamp may have been disconnected or partially blocked by the aftermarket lamp, resulting in either case in a "rendering inoperative" of required equipment within the meaning of the prohibition. However, we would not view this as a "knowingly" rendering inoperative because the dealer's intent is to install a conforming lamp, as indicated by the lamp's certification.
One final comment, one directed more to Leegold than to your or your dealers. As a result of our experience over the years, we have come to realize the value of surveillance testing of production lamps to assure that the lamps continue to comply with Federal requirements. Periodic testing may be regarded as evidence of the manufacturer's exercise of due care in the event of noncompliances. If the November 1992 ETL test is of a prototype lamp, Leegold may wish to have new tests conducted on production lamps. Even if that test were of production lamps, sufficient time has elapsed, in our view, for Leegold to conduct a new test, to ensure that design tolerances have been maintained in production and that the lamp continues to conform to Standard No. 108.
Sincerely,
John Womack Acting Chief Counsel ref:108 d.1/26/94