Interpretation ID: nht71-4.47

DATE: 11/13/71

FROM: AUTHOR UNAVAILABLE; L. R. Schneider; NHTSA

TO: The Commonwealth of Massachusetts

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of September 17, 1971, asking if present Federal regulations would preempt the Massachusetts requirement that certain outside rearview mirrors be provided with reflective material over the rear surface.

Section 103(d) of the National Traffic and Motor Vehicle Safety Act, 15 U.S.C. 1392(d), states in pertinent part:

"Whenever A Federal motor vehicle safety standard . . . is in effect, no State . . . shall have any authority . . . to establish . . . with respect to any motor vehicle or item of motor vehicle equipment any safety standard applicable tot he same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard."

Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment, establishes requirements for reflective materials used on motor vehicles. The NHTSA considers this standard to include within its scope all reflective materials required to be used on motor vehicles to which it applies. Any State requirements that have the effect of regulating such reflective materials must therefore be identical to the relevant provisions of Standard No. 108. The Massachusetts statute that you have brought to our attention is not identical to the Federal standards relating

to that aspect of performance, and must therefore be considered to be invalidated by the operation of the National Traffic and Motor Vehicle Safety Act.