Interpretation ID: nht87-3.14

TYPE: INTERPRETATION-NHTSA

DATE: 10/15/87 EST

FROM: ERIKA Z. JONES -- CHIEF COUNSEL, NHTSA

TO: CHRISTINE COTTLE -- OFFICE ADMINISTRATOR, CLASSIC AUTO ACCESSORIES

TITLE: NONE

ATTACHMT: MEMO DATED 6-30-87, FROM CHRISTINE COTTLE, TO ERIKA JONES-NHTSA

TEXT: This letter responds to your inquiry of June 30, 1987, where you ask for information "regarding any federal regulation that may apply to or restrict the use of items which might be suspended from the centered rear view mirror in an automobile or truck." In your letter, you refer specifically to "decorations" such as hanging dice and air fresheners, and express your company's wish "to avoid liability for any obstruction of vision which might occur as the result of the use of such items." Your letter does not say whether you manufacture the kinds of products you list, or install these kinds of products in motor vehicles.

First, please be aware that the National Highway Traffic Safety Administration (NHTSA) has authority to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA does not approve vehicles or equipment, n or does the agency endorse any commercial products. Instead, the National Traffic and Motor Vehicle Safety Act establishes a certification process under which each manufacturer must certify that its product meets agency safety standards, or other applic able standards. Periodically, NHTSA tests whether vehicles or equipment comply with these standards, and may investigate alleged safety-related product defects.

A product would fall under our agency's jurisdiction if it is an item of "motor vehicle equipment" as that term is defined in @102(4) of the National Traffic and Motor Vehicle Safety Act. Section 102(4) defines "motor vehicle equipment" in relevant part as follows:

. . . any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component, or as any accessory, or addition to the motor v ehicle . . . (Emphasis added.)

In determining whether an item of equipment is an "accessory," the agency assesses two factors: first, whether the item has no ostensible purpose other than use with a motor vehicle; and second, whether the item is intended to be used principally by ordi nary users of motor vehicles. The kinds of products you list do not fall within this framework, and therefore NHTSA does not regard them as items of motor vehicle equipment subject to our regulations.

There is one section of the Safety Act that I would call to your attention. Among other things, @108 (a)(2)(A) of the Act states that:

"No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with a n applicable Federal motor vehicle safety standard..."

If your company is among the persons or performs the kinds of operations in @ 108 (a) (2) (A), then it may not remove, disconnect, or degrade the performance of safety equipment or designs installed in compliance with an applicable Federal safety standar d. For example, you could not install any item in a motor vehicle that would render inoperative Standard 111 (Rearview Mirrors) "field-of-view" specifications. (I enclose a copy of that Standard.)

However, @108 (a) (2) (A) does not apply to vehicle owners. Therefore, owners may install items in their own cars, even if doing so involves removal, disconnection or degradation of safety equipment or designs, without violating @ 108 (a) (2) (A). Furt her, neither the manufacture of such items nor their sale to vehicle owners violates that prohibition.

Please note that a violation of @108 or of any regulation issued under it is punishable by a civil fine of up to $ 1000 per violation, subject to a maximum fine of $ 800,000 for a related series of violations.

Finally, you may wish to consult the laws of the various States to determine whether there are any limitations in their laws on the hanging of objects from inside rearview mirrors.

I hope you find this information helpful. ENCLOSURE