Interpretation ID: aiam4639
Oregon 97219;
"Dear Mr. Storms: This responds to your letter asking that thi Department 'approve' or otherwise 'recognize' your newly invented warning device. I apologize for the delay in this response. In your letter, you described your invention as a seven inch high, tetrahedral reflective traffic marker that is non-flammable and easily stored. I am pleased to have this opportunity to explain our law and regulations to you. The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., the Safety Act) gives this agency the authority to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 125, Warning Devices (49 CFR 571.125, copy enclosed). This standard specifies performance requirements and test procedures for warning devices that are designed to be carried in motor vehicles and used to warn approaching traffic of a stopped vehicle. Based on the description in your letter, your newly invented product appears to be a warning device subject to Standard No. 125. When the agency has issued an applicable safety standard, section 108(a)(1)(A) of the Safety Act (15 U.S.C. 1397(a)(1)(A)) provides that no person shall 'manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States' any new motor vehicle or new item of equipment unless the vehicles or equipment are in conformity with the applicable standard. Assuming your product is subject to Standard No. 125, it must conform to all the requirements of that standard. You are not required to get some 'approval' or 'recognition' from this agency before selling this product. In fact, NHTSA has no authority under the Safety Act to approve, certify, or otherwise endorse any commercial product. Instead, section 114 of the Safety Act (15 U.S.C. 1403) establishes a self-certification process under which every manufacturer is required to certify that each of its products meet all applicable Federal safety standards. Therefore, the manufacturer of this new product must certify that it conforms to all applicable standards. Section 108(b)(2) of the Safety Act (15 U.S.C. 1397(b)(2)) requires the manufacturer of this new warning device to exercise 'due care' in certifying that it conforms to Standard No. 125. To comply with these legal obligations, I suggest that you carefully examine the requirements of Standard No. 125 and determine if this new product conforms with those requirements. As you will see, Standard No. 125 contains specific requirements related to a warning device's material, container, labeling, configuration, color, reflectivity, luminance, stability, and durability. In particular, you should be aware that section S5.2.2 of the standard requires that: each of the three sides of the triangular portion of the warning device shall not be less than 17 and not more than 22 inches long, and not less than 2 inches and not more than 3 inches wide. Your letter states that your new warning device is seven inches in height. If that is the case, the new warning device would not comply with the requirements of Standard No. 125. You should further compare your proposed design with the other requirements in Standard No. 125 to determine if your new warning device complies with all of the other provisions. You should be aware that the Vehicle Safety Act establishes a civil penalty of $1,000 for each violation of a safety standard and a maximum penalty of $800,000 for a series of violations. In addition, the Act requires manufacturers to remedy their products if they fail to comply with any applicable safety standards. If you have any further questions or need additional information on this subject, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. Sincerely, Stephen P. Wood Acting Chief Counsel Enclosure";