Interpretation ID: nht73-1.34

DATE: 06/13/73

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

TO: The Grote Manufacturing Company

TITLE: FMVSS INTERPRETATION

TEXT: In your letter of June 4, 1973 you have asked whether a manufacturer may comply with revisions made by the SAE to SAE standards incorporated by reference in Standard No. 108 in the absence of an amendment by NHTSA.

The answer is no, and your understanding is correct. A manufacturer must comply with the specific SAE standard and revision set forth in Standard No. 108, regardless of any succeeding revisions made by the SAE.

Sincerely,

June 4, 1973

U.S. Department of Transportation National Highway Traffic Safety Administration

Attention Lawrence R. Schneider -- Chief Counsel

Dear Mr. Schneider:

The Grote Manufacturing Company is an independent manufacturer of vehicle lighting equipment. In addition to supplying replacement items, we also supply a large number of original equipment vehicle manufacturers.

Recently, it has come to our attention that some vehicle manufacturers are under the impression that if an SAE Lighting Standard is referenced in Federal Motor Vehicle Safety Standard 108, they are then permitted to comply to that basic standard, even if the SAE adopts a revision to the standard.

For the purpose of citing an example only, MVSS 108 currently requires that turn signal lamps comply with SAE J588d, June, 1966. A later standard, SAE J588e was adopted by the SAE in September of 1970. The specific point in question is whether or not a vehicle manufacturer has the option of complying with the later SAE standard, rather than the one specifically referenced in MVSS 108. A further example could be cited where sidemarker lamps are currently required to comply with SAE J592c. The SAE has again modified this standard and adopted J592d. Specifically, must the manufacturer comply with the referenced DOT standard or does he have the option of adopting the later revision which SAE has issued?

It has always been our understanding that the referenced SAE standards apply not only to the basic standards, such as a stop lamp, but rather to the very specific standard including the suffix letter which are cited in MVSS 108. However, we want to be certain we are correct before passing this information on to those customers who have raised this question.

Yours very truly, THE GROTE MANUFACTURING COMPANY -- Paul G. Scully, Vice President