Interpretation ID: kesler23584

Mr. Ray Kesler
Kesler Research Enterprises
PO Box 8104
Universal City, CA 91600

Dear Mr. Kesler:

This responds to your letter of August 22, 2001, asking if your mirror for original equipment manufacturers "is a permissible legal radius of curvature, information warning phrase, and using [sic] a FAIL SAFE reflective graphic concept permanently etched in glass mirror for day and night use." More specifically, you state that the radius of curvature of your mirror is 30-65 inches and your mirror contains a "ring indicator" and the phrase "Vehicles Larger than Ring Do Not Change Lanes." As explained below, your mirror is permitted only as a supplement to the mirrors required by FMVSS No. 111.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the statutory authority to issue Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment or pass on the compliance of a vehicle or item of equipment outside the context of an actual enforcement proceeding. Instead, Federal law establishes a self-certification system under which motor vehicle and equipment manufacturers themselves certify that their products comply with all applicable standards.

FMVSS No. 111, Rearview mirrors (49 CFR 571.111), establishes performance and location requirements for mirrors installed in new vehicles. Several of its provisions concern the installation of convex outside rearview mirrors. Under FMVSS No. 111, only those passenger cars with inside rearview mirrors having an insufficient field of view are required to have passenger side mirrors. If convex mirrors are used, they must have a radius of curvature between 35 and 65 inches and they must be marked with the warning: "Objects in Mirror are Closer Than They Appear."

In 1991, you petitioned the agency to amend FMVSS No. 111 to require passenger side convex mirrors to have a radius of curvature of 25 inches and to have a ring indicator applied to those mirrors. After reviewing your petition, the agency denied your request, finding that your suggested mirror system could, by comparison with our currently specified convex mirror systems, have increased distortion and reduce a driver's depth perception and judgment about another vehicle's closing speed (56 FR 42715, August 29, 1991). Subsequent correspondence from this Office (enclosed) tried to make clear that products like your convex mirror with a ring sensor label are not prohibited by the current requirements in FMVSS No. 111 from being installed on vehicles, as supplements to the required mirrors.

The specifications for rearview mirror in your current correspondence appear to be identical to those contained in your previous petition except that the radius of curvature is now between 30 and 65 inches. This range of curvature, however, is not within the radius of curvature (between 35 and 65 inches) required by FMVSS No. 111. Furthermore, your rearview mirror is not marked with the warning: "Objects in Mirror Are Closer Than They Appear" as required by FMVSS No. 111. For these reasons and as explained in length in the denial notice, see 56 FR 42716, such mirrors are permitted only as supplements to mirrors required by FMVSS No. 111.

I hope this information is helpful. If you have any questions or need additional information, feel free to contact Nancy Bell of my staff at (202) 366-2992.

Sincerely,

John Womack
Acting Chief Counsel

Enclosure
ref:111
d.1/9/01