Interpretation ID: aiam4973
CA 94022;
"Dear Mr. Clement: This responds to your letter of January 28, 199 requesting information on any Federal regulations that may affect a new product you are developing. The product is an electronically-operated automotive sun visor that would automatically detect the direction of sunlight or glare and reposition itself to shield the driver. I am pleased to have this opportunity to explain our regulations to you. By way of background information, 103 of the National Traffic and Motor Vehicle Safety Act (Safety Act, 15 U.S.C. 1392) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment for compliance with the standards. In addition, the Safety Act requires manufacturers to recall and remedy any motor vehicle or item of motor vehicle equipment that contains a safety-related defect. NHTSA has issued two safety standards that apply to sun visors: Standard No. 201, Occupant protection in interior impact, and Standard No. 302, Flammability of interior materials. These standards are called vehicle standards, because they apply to new vehicles, not to individual pieces of equipment. The Safety Act specifies that vehicles must conform with all applicable safety standards up until the first purchase for purposes other than resale. Therefore, if your sun visor were installed as original equipment by a manufacturer of a new motor vehicle, the visor would have to comply with the requirements of these two standards. Standard No. 201 requires that the visor be 'constructed of or covered with energy-absorbing material' and that the visor's mounting must 'present no material edge radius of less than 0.125 inch that is statically contactable by a spherical 6.5-inch diameter head form.' The purpose of that requirement is to reduce the injuries that occur when unrestrained occupants strike the visor or its mounting with their heads. Standard No. 302 requires sun visors to meet the flammability resistance requirements of the standard. The standard specifies that the material used on the visor must not burn at a rate of more than four inches per minute. If a new vehicle is altered by the installation of your product prior to the vehicle's first sale to a consumer, the person making the installation is considered an 'alterer' and is required by 49 CFR Part 567, Certification, to certify that the vehicle complies with all applicable safety standards affected by the alteration. In addition to Standards No. 201 and 302, the installation of your product might affect the compliance of a vehicle with a number of other safety standards, including Standard No. 111, Rearview mirrors, and Standard No. 208, Occupant crash protection. After the first sale to a consumer, a vehicle is no longer required by Federal law to conform to all safety standards. However, 108(a)(2)(A) of the Safety Act provides as follows: No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard... In order to avoid violating this provision, a manufacturer, dealer, distributor, or repair business which installed your sun visor would have to ensure that such installation enables the vehicle to continue to comply with all applicable safety standards. Violations of 108(a)(2)(A) are punishable by civil fines of up to $1,000 per violation. I note that 108(a)(2)(A) does not affect modifications made by vehicle owners to their own vehicles. Finally, under the Safety Act, your sun visor would be considered an item of motor vehicle equipment. If your sun visor will be sold as an item of equipment to be installed by the vehicle owner, there is currently no Federal motor vehicle safety standard that applies. However, even if there is no safety standard applicable to the item of motor vehicle equipment, the manufacturer is subject to the requirements in 151-159 of the Safety Act concerning the recall and remedy of products with safety defects. In the event that NHTSA or a manufacturer determines that a manufacturer's product contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. Additionally, a company making your product would be considered a manufacturer. A manufacturer is required by 49 CFR Part 566, Manufacturer Identification, to submit information identifying itself and its products to NHTSA not later than 30 days after it begins manufacture. I have enclosed an information sheet for new manufacturers which summarizes NHTSA's regulations and explains where to obtain copies of Federal motor vehicle safety standards. I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosure";