Interpretation ID: nht79-2.50

DATE: 01/23/79

FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: Esley Development Corporation

COPYEE: Don Morrison -- BMCS

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of December 21, 1978, asking about your responsibilities, as the manufacturer of a snow plow headlamp holder, under the National Traffic and Motor Vehicle Safety Act.

Under the Act a truck, with or without snow plow attachment, is a "motor vehicle" and the plow itself and any associated equipment is considered "motor vehicle equipment" since it is an accessory or addition to a motor vehicle. But Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices and Associated Equipment, contains no requirements either for snow plow or accessory lighting, and your sealbeam holder therefore is not subject to regulation under the standard. However, as a manufacturer of "motor vehicle equipment," you are responsible for notification of purchasers and dealers, and remedy of any safety-related defects that may occur in your product. (Sec. 151 et seq. of the Act)

As to "what legal burden rests" with you as a "manufacturer of the sealbeam holder as to the possible misuse" of your units once they leave your plant, we are uncertain what you mean by "misuse." If you mean that the holder is used in a way that you did not intend, then the question would appear to be one not answerable under Federal law. If the "misuse" is attributable to a defect in the sealbeam holder, then the question would arise whether the defect is safety-related. If the answer is affirmative, then you would be subject to the notification and remedy provisions of the Act mentioned in the preceding paragraph.

We are forwarding a copy of your letter to the Federal Highway Administration, Bureau of Motor Carrier Safety, for a reply to your question as to what Federal requirements must be met for use of your units "on inter and intra state highways."

Enclosed is a copy of Standard No. 108 as you requested, as well as a copy of the Act.

SINCERELY,

ESLEY DEVELOPMENT CORPORATION

December 21, 1978

Chief Counsel National Highway Traffic Safety Administration

Gentlemen:

We are manufacturers of an all rubber heavy duty auxiliary lighthousing used in off road mining, construction and logging. We are looking into manufacturing a snow-plow headlight with a turn signal attachment out of the same heavy duty rubber. It will be similar to the Yankee snow plow light and the Dietz snow plow light. It will be designed to hold a standard PAR 56 sealbeam of the 6014 or 6015 series as manufactured by G.E., Wagner Tung-Sol, and Westinghouse which are the standard sealbeams being used as OEM in autos and trucks for their primary headlights. Since we are not manufacturers of the sealbeams but just the holder of the sealbeam we would like your determination and response to the following questions:

-- Is a snow plow or truck using a snowplow attachment considered a motorized vehicle?

-- What legal burden rests with us as a manufacturer of the sealbeam holder as to the possible misuse of our units once they leave our plant?

-- What federal requirements or regulations must be met for use of our units on inter and intra state highways? $-- Please send us a copy of Federal Standard 108.

Gentlemen, it takes 6 to 8 months to develope a product such as this prior to going into production. We are aiming at the 79-80 winter season and would therefore appreciate receiving your reply and any other advise you care to pass along as soon as possible.

Stephen E. Hall President