Interpretation ID: GF001032

Mr. John A. Labalestra

1712 Tatum Street

Saint Paul , MN 55113

Dear Mr. Labalestra:

This responds to your letter concerning a device which you intend to market for installation on motor vehicles. You requested a ruling on my business project. As explained below, we do not provide rulings or approvals of motor vehicles or motor vehicle equipment. Instead, this letter will explain which Federal statutes and regulations may apply to your device.

By way of background, the National Highway Traffic Safety Administration (NHTSA) issues Federal motor vehicle safety standards (FMVSSs) that set performance requirements for new motor vehicles and certain items of motor vehicle equipment. However, NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Instead, it is the responsibility of manufacturers to certify that their products conform to all applicable safety standards before they can be offered for sale. NHTSA enforces compliance with the standards by purchasing and testing vehicles and equipment, and we also investigate safety-related defects.

While you did not provide a detailed description of your device, we understand that it consists of a hi-resolution camera attached in the upper right hand portion of the windshield. The camera is connected to a monitor installed in the vehicle instrument panel (akin to monitors used in vehicles equipped with navigation systems). The purpose of the device is to provide an enhanced image of the road ahead and its immediate surroundings.

NHTSA has not issued any FMVSSs establishing performance standards directly applicable to your product. However, installation of your device may affect a vehicles compliance with several safety standards.

If the device is installed as original equipment on a new vehicle, the vehicle manufacturer is required to certify that, with the device installed, the vehicle satisfies the requirements of all applicable FMVSSs. If the device is added to a previously certified new

motor vehicle, prior to its first sale, the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration (see 49 CFR Part 567, Certification).

If your device is installed on a used vehicle by a manufacturer, distributor, dealer, or vehicle repair business, the entity would not be required to recertify the vehicle, but could not knowingly "make inoperative" any device or element of design installed on or in a motor vehicle in accordance with any FMVSS (see 49 U.S.C. 30122).

In order to determine how installation of your product could affect compliance with applicable Federal safety standards, you should carefully review each FMVSS (available online at: http://ecfr.gpoaccess.gov/). However, there are two standards of which you should be particularly aware.

First, we note that S5.3.5 of FMVSS No. 101, Controls and displays, specifies operational requirements on sources of illumination within the passenger compartment in order to prevent glare visible to the driver. Although your letter does not indicate the type of output associated with your device, any monitor or display is required to control glare.

Second, you should assess your products effect upon a vehicles compliance with FMVSS No. 201, Occupant protection in interior impact, which establishes performance requirements designed to reduce the risk of injury in the event an occupant strikes the interior of the vehicle during a crash.

We also note that beyond compliance with relevant federal safety standards, motor vehicle accessories are items of motor vehicle equipment subject to the notification and remedy (recall) provisions of 49 U.S.C. 30118-30120.  If a manufacturer or NHTSA determines that the product contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the product and remedying the problem free of charge.

Finally, you should be aware that States have the authority to regulate the use and licensing of vehicles operating within their jurisdictions. Therefore, you may wish to check with the Department of Motor Vehicles in any State where you plan to sell your device.

If you need further assistance, please contact J. Edward Glancy of my staff at this address or at (202) 366-2992.

Sincerely,

Stephen P. Wood

Acting Chief Counsel

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