Interpretation ID: nht73-2.18

DATE: 04/24/73

FROM: AUTHOR UNAVAILABLE; R.B. Dyson; NHTSA

TO: Flex-N-Gate

TITLE: FMVSS INTERPRETATION

TEXT: In your letter of April 17, 1973 to Mr. Schneider you ask whether the Federal lighting standard, No. 108, applies to you as a manufacturer of rear step-hitch bumpers for pick-up trucks. Since the bumper installation interferes with the original vehicle license plate mounting bracket, provision is made for relocating the license plate mounting bracket, provision is made for relocating the license plate in the bumper. You apparently do not yourself mount the bumper to the vehicle, as your letter indicates that they are sold as after market items "to purchasers of new trucks" and to two truck manufacturers "who install these items before the trucks are released to the dealers".

Under the circumstances you describe, Standard No. 108 would not apply to you. Compliance and certification of new vehicles is the responsibility of the truck manufacturers who install the bumpers, although you may have a contractual obligation with them to provide license plate lighting meeting Federal requirements. In the aftermarket, if the bumper is installed prior to delivery of the truck to the purchaser, the dealer making the installation is legally responsible for compliance with Standard No. 108.

Yours truly,

April 17, 1973

Lawrence R. Schnieder Office of Chief Counsel National Highway Traffic Safety Administration 400 7th Street, S.W. Washington, D.C. 20590

Dear Mr. Schnieder:

We manufacture rear step-hitch bumpers for pick-up trucks, and market them through dealers who sell them as add on accessories to purchasers of new trucks. We also are an O.E.M. supplier to Jeep Corporation and Toyota who install these items before the trucks are released to the dealers. As the bumper installation interferes with the original license light mounting bracket on the vehicle we make provisions for relocating the license plate onto the bumper (see attached brochure).

I would like to get your interpretation of Standard 108, i.e. whether it applies to us or not, if it does then the proper way of certifying that the license lights meet the federal requirements.

Sincerely,

SHAHID R. KHAN Engineer -- FLEX-N-GATE (Graphics omitted)