Interpretation ID: aiam2433
P.O. Box 1
Gallatin Block-40 E. Main
Bozeman
MT 59715;
Dear Mr. Kommers: This is in response to your letter of October 12, 1976, requestin information concerning the application of Federal standards to bumper systems produced as after-market replacement equipment.; Standard No. 215, *Exterior Protection*, is a motor vehicle safet standard that applies to the performance of bumper systems on cars manufactured after certain dates. The requirements of the standard are not imposed on the manufacturers of bumpers as items of equipment. It is the manufacturer of the car who must certify the compliance of the bumper system with the provisions of Standard 215. Therefore the bumpers manufactured by Mr. Coddou do not fall within the application of the standard.; Section 108 of the National Traffic and Motor Vehicle Safety Act (Pub L. 89-563), as amended (Pub. L. 93-492), prohibits any manufacturer, distributor, dealer, or motor vehicle repair business from knowingly rendering inoperative any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with a motor vehicle safety standard. Thus, even though a replacement bumper is not required to meet the requirements of Standard 215 when it is produced or sold, its installation on a car by one of the above-named persons would invoke the application of section 108 of the Act. With the bumper installed, the car must comply either with the particular safety standard in effect at the time of its manufacture or with the standard in effect at the time the bumper is replaced.; Due to the requirements of section 108 it would be advisable for Mr Coddou to manufacture his bumpers so that they are capable of meeting the requirements of the applicable Federal bumper standard.; Mr. Coddou should note that although Standard 215 is currentl applicable to all passenger cars, a new and more stringent bumper standard, 49 CFR Part 581, *Bumper Standard*, will become effective September 1, 1978. Part 581 is promulgated under the authority of both the National Traffic and Vehicle Safety Act and the Motor Vehicle Information and Cost Savings Act (Pub. L. 92-513) and will supplant Standard 215 when it becomes effective. I have enclosed copies of both Standard 215 and Part 581 for Mr. Coddou's information.; Sincerely, John Womack, Assistant Chief Counsel