Interpretation ID: aiam3591
Jr.
1208 Balthis Drive
Apt. B
Gastonia
NC 28052;
Dear Mr. Hicks: This responds to your recent inquiry regarding the applicability o Federal Motor Vehicle Safety Standard No. 125 to a warning device you plan to manufacture. That device is a rectangular sign with a base. The sign has the word 'HELP' in reflective letters on its surface and is designed to be illuminated by a cyalume light stick attached to the top of the sign. The sign is intended either to be mounted on a vehicle or to be erected on the road.; Section 3 of Standard 125 provides that the standard does not apply t warning devices which have 'self-contained energy sources' used to illuminate the device. Although the cyalume light stick used in your device would not provide a very bright source of illumination, the light stick would constitute such an energy source. Therefore, the warning device you describe does not appear to be subject to that standard. This conclusion applies only to the device as described in your submission to us. Subsequent design modifications regarding this energy source could change the agency's conclusion.; With regard to your question as to a recommended color to be used i your sign, section 5.3 of Standard 125 specifies the colors the agency has determined to be most appropriate for use in warning devices. We recommend that you use those colors.; Page 3 of your submission to us includes what appears to b instructions to users of your device. Those instructions state that failure to attach the light sticks to the sign would be a violation of our standards. Neither Standard 125 nor the statute under which it was issued applies to users of warning devices. Instead, they apply to the manufacturers, distributors and sellers of warning devices. These parties are prohibited from manufacturing or selling warning devices which, although subject to the standard, do not comply with our standard. Therefore, we urge deleting the last sentence of the first numbered paragraph on page 3.; If you have further questions on this matter, feel free to contact us. Sincerely, Frank Berndt, Chief Counsel