Interpretation ID: aiam2849
Assistant Manager
Safety & Legislation Dept.
U.S. Suzuki Motor Corporation
13767 Freeway Drive
Santa Fe Springs
CA 90670;
Dear Mr. Petler: This is in reply to your letter of August 10, 1978, asking for a interpretation of Motor Vehicle Safety Standard No. 108. You have asked 'whether an aftermarket Class A reflex reflector can be installed in addition to the original Equipment Class A reflex reflector, that is, an existing part of the motorcycle's rear combination lamp assembly.' You have stated that 'both reflectors would be installed vertically on the motorcycles vertical centerline,' and have commented that you understand 'that two reflectors may be installed horizontally about the vertical centerline, but it is unclear to us whether they may both be installed one on top of the other, vertically, as this is not addressed in FMVSS No. 108.'; You have misunderstood Standard No. 108. Table IV clearly states wit respect to location of rear reflex reflectors on motorcycles that 'if two are used on the rear, they shall be symmetrically disposed about the vertical centerline.' This requirement precludes the use of two rear reflectors mounted above each other vertically on the vehicle's centerline if your fender extension is sold as an accessory on a motorcycle at the time of its first purchase for purposes other than resale.; Generally, however, Federal standards do not cover vehicles after thei first purchase and an owner may modify his vehicle in any manner he chooses consistent with local law. Modification by dealers, distributors, and repair businesses are prohibited only if they 'render inoperative' any device or element of design installed on a motor vehicle in accordance with a Federal safety standard. Although aftermarket installation of the fender with reflector by a dealer after a vehicle's sale would not be consistent with the reflector location requirements of Standard No. 108, we cannot say that it would 'render inoperative' the reflector installed as original equipment. We therefore have no objection to you offering this component as an aftermarket accessory to be added after a vehicle's initial sale.; Sincerely, Joseph J. Levin, Jr., Chief Counsel