Interpretation ID: aiam2940
President
Esley Development Corporation
6415 S.W. Canyon Ct.
Suite 40
Portland
OR 97221;
Dear Mr. Hall:This is in reply to your letter of December 21, 1978 asking about your responsibilities, as the manufacturer of a snow plow headlamp holder, under the National traffic and motor Vehicle Safety Act.; Under the Act a truck, with or without snow plow attachment, is 'motor vehicle' and the plow itself and any associated equipment is considered 'motor vehicle equipment' since it is an accessory or addition to a motor vehicle. But Federal Motor Vehicle Safety Standard No. 108, *Lamps, Reflective Devices and Associated Equipment*, contains no requirements either for snow plow or accessory lighting, and your sealbeam holder therefore is not subject to regulation under the standard. However, as a manufacturer of 'motor vehicle equipment,' you are responsible for notification of purchasers and dealers, and remedy of any safety-related defects that may occur in your product. (Sec. 151 *et seq.* of the Act); As to 'what legal burden rests' with you as a 'manufacturer of th sealbeam holder as to the possible misuse' of your units once they leave your plant, we are uncertain what you mean by 'misuse.' If you mean that the holder is used in a way that you did not intend, then the question would appear to be one not answerable under Federal law. If the 'misuse' is attributable to a defect in the sealbeam holder, then the question would arise whether the defect is safety-related. If the answer is affirmative, then you would be subject to the notification and remedy provisions of the Act mentioned in the preceding paragraph.; We are forwarding a copy of your letter to the Federal Highwa Administration, Bureau of Motor Carrier Safety, for a reply to your question as to what Federal requirements must be met for use of your units 'on inter and intra state highways.'; Enclosed is a copy of Standard No. 108 as you requested, as well as copy of the Act.; Sincerely, Joseph J. Levin, Jr., Chief Counsel