Interpretation ID: aiam2493
Commander
Engineering Section
Department of California Highway Patrol
P.O. Box 898
Sacramento
CA 95804;
Dear Mr. Heath: This is in reply to your letter of December 16, 1976, which raise several questions with respect to motor vehicle lighting and Motor Vehicle Safety Standard No. 108.; First I want to comment upon this statement: >>>'A NHTSA representative recently indicated that the standard applie to 'original equipment' replacement items such as lenses and lamps designed for specific year model vehicles, but does not apply to 'aftermarket' lighting equipment that is not manufactured for a particular vehicle but is sold for general use on any vehicle.'<<<; This is not entirely true. Standard No. 108 applies in pertinent par 'to lamps, reflective devices, and associated equipment for replacement of like equipment or vehicles to which this standard applied.' The standard applies to motor vehicles manufactured on or after January 1, 1972. Thus, any replacement of an original equipment item specified by Standard No. 108 must meet original equipment requirements. This not only includes lenses and lamps, such as parking lamps and tail lamps designed for specific year model vehicles but also lighting equipment sold for general use, such as headlamps, clearance lamps, and identification lamps, whose dimensions do not vary over the years.; Your first question is: >>>'1. Some aftermarket-type manufacturers produce lamps and othe devices that are shown in their catalogs for universal use with no vehicle model being mentioned. Some of these lamps may also be supplied to producers of motor homes, boat trailers, horse trailers, commercial trucks and trailers, etc., as original equipment on those vehicles. Does the fact that a portion of the production of a particular lamp is sold as replacements for the original equipment mean that the other portion sold for use on any 1976 truck or trailer is also governed by Standard No. 108 with respect to the 'aftermarket' sales?'<<<; The answer is yes, as I explained in my preliminary remarks about th applicability of Standard No. 108 to all replacement equipment.; >>>'2. In the past, motor vehicles were equipped with round-type seale beam units. Now that rectangular units are available, some owners are interested in converting the original round headlamps to the rectangular type. Are these rectangular sealed beam units and conversion kits sold to the user considered replacement of like equipment on vehicles to which this standard applies or are they subject to state regulations?'<<<; We construe the words 'like equipment' broadly. If one headlightin system is being replaced with another, the replacement headlighting system must meet the requirements of Standard No. 108, even though its configuration differs from that of the original. Obviously, a State may also regulate sale of this equipment if its requirements are identical with the Federal ones.; >>>'3. Manufacturers of nonsealed, quartz-halogen headlamp units ar energetically promoting the sale of the units in many areas of the country. These lamps differ considerably from the sealed beam units originally required on late model vehicles at the time of first sale. Do these lamps fall within federal jurisdiction or are they subject only to state regulation?'<<<; Quartz-Halogen headlamps sold in the aftermarket, intended a replacement for headlamps that comply with Standard No. 108, must also meet Federal requirements. If the lamps do not conform, not only would their sale be a violation of the National Traffic and Motor Vehicle Safety Act (Section 108(a) (1) (A), but the removal of sealed beam headlamps by the seller or a motor vehicle repair shop to facilitate the installation of the nonconforming ones would also be a violation of the Act (Section 108(a) (2) (A).; >>>'4. A number of items such as flashers, school bus warning lamps and headlamp units are sold for universal use. They might be part of a new vehicle at time of sale or be sold separately as a replacement for vehicles manufactured both before and after 1972 or as an addition to such vehicles. Does this mean that dual regulations are permissible with NHTSA setting standards for the production items used as original equipment replacement and the states setting standards and requiring approval for the identical item for usage not regulated by the Federal Motor Vehicle Safety Standards?'<<<; It is NHTSA's position, as explained earlier, that if an item o lighting equipment 'sold for universal use' is capable of replacing equipment on a vehicle manufactured on or after January 1, 1972, then it must meet Standard No. 108, and a State may also regulate it in an identical manner.; You also asked our advice 'on the problem of not being able t recognize whether a particular item has been certified or not.' As an alternative to the DOT mark permitted by S4.7.2 of Standard No. 108, replacement lighting equipment may be certified in two other ways. Pursuant to Section 114 of the Act certification 'may be in the form of a label or tag on such item or on the outside of a container in which such time is delivered.' Thus, access by a State enforcement officer to corporate records is not required.; I hope this answers your questions. Sincerely, Frank A. Berndt Acting Chief Counsel