Interpretation ID: aiam2486
Jr.
National Sales Manager
Marchal America
14622 Southlawn Lane
Rockville
MD 20850;
Dear Mr. Gross: This is in reply to your letter of December 17, 1976, asking whether 1 U.S.C. 1392(d) permits the installation of quartz halogen headlamps on State-owned vehicles. It is understood that these headlamps are manufactured in France, and are not of sealed beam construction. Thus they do not conform to Motor Vehicle Safety Standard No. 108. Your letter also commented that certain 'state highway and law enforcement agencies . . . have indicated . . . that they prefer the quartz halogen units but are reluctant to install these units in their state vehicles because they are not of an approved type.'; Importation and sale of nonconforming motor vehicle equipment i expressly forbidden by Section 108 (a) (1) (A) of the National Traffic and Motor Vehicle Safety Act. A civil penalty of up to $1,000 may be imposed for each violation. Therefore, quartz halogen headlamps that do not conform to Standard No. 108 may not be imported into the United States and sold to State agencies.; Your inquiry appears premised that such may be allowable pursuant t Section 1392(d) which reads in pertinent part:>>>Nothing in the section shall be construed to prevent. . . the government of any State or political subdivision thereof from establishing a safety requirement applicable to motor vehicle or motor vehicle equipment procured for its own use if such requirement establishes a higher standard of performance than that required to comply with the otherwise applicable federal standard.; <<