Interpretation ID: aiam4348
Alpex Manufacturing Company
10926 'J' Street
Omaha
NE 68137;
Dear Mr. Jones: This letter responds to your letter enclosing a prototype horn/ligh and requesting information on its 'legality.' The horn/light is intended to be installed on the roof of a pickup truck or van. The light is located on the rear of the horn and would be visible to following drivers. The light comes on when the driver presses the horn button to sound the horn and goes off when the horn button is released. I regret the delay in this reply.; You asked whether the horn complies with safety and other pertinen regulations, whether the light at the back of the horn must be red or amber, whether it is permissible to mount the horn on the cab of a pick-up truck or van roof, and whether the horn is 'DOT-approved,' or if it would be in violation.; The National Highway Traffic Safety Administration (NHTSA) issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment pursuant to its authority under the National Traffic and Motor Vehicle Safety Act. However, NHTSA does not approve motor vehicles or motor vehicle equipment, nor does it endorse any commercial product. Instead, the Vehicle Safety Act establishes a 'self- certification' process under which each manufacturer must certify that its product meets applicable safety standards. Periodically, NHTSA tests whether vehicles or equipment comply with these standards, and may investigate alleged safety-related product defects.; There is only one standard which may apply to your product if it i installed on new vehicles. Standard 108, *Lamps, Reflective Devices, and Associated Equipment*, applies to vehicle lighting. As we understand your product, its light is not intended to serve as any of the lights required by the standard on a van or pickup. Therefore, the requirements directed to those types of lights would not be applicable. However, there is a general requirement that might affect your horn/light. S4.1.3 prohibits the installation of any light that would impair the effectiveness of any required light. The activation of the light on your product could lead following drivers to believe incorrectly that the vehicle equipped with your product is stopping. Repeated false stopping signals might reduce the following driver's responsiveness to the activation of the vehicle's brake lights.; If your product is installed as aftermarket equipment, it would not b subject to any requirement in Standard No. 108. Standard No. 108 covers aftermarket lighting equipment only to the extent that the aftermarket light replaces required original lighting equipment. Because there is no original equipment requirement for the kind of light you described, the standard does not apply to your aftermarket product.; Regardless of whether your product is affected by any of our standards please be aware that if you or the agency finds your product to contain a safety-related defect after you market the product, you are responsible for conducting a notice and recall campaign under S154 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C 1414).; Further, you should be aware that State law may apply to products suc as your horn/light. You may wish to consult the State and local transportation authorities in the areas where you intend to market your horn.; Sincerely, Erika Z. Jones, Chief Counsel