Interpretation ID: nht89-2.70

TYPE: Interpretation-NHTSA

DATE: August 11, 1989

FROM: Stephen P. Wood -- Acting Chief Counsel, NHTSA

TO: William G. Kinstler, American Flatlight Company

TITLE: None

ATTACHMT: Letter dated 2-20-89 to NHTSA Chief Counsel from William G. Kinstler; (OCC-3199) TEXT:

This is in reply to your letter with respect to a portable illuminated device, called the "Flatlight." You have asked for our review of the advertising brochure that you enclosed, and for copies of any regulations regarding this product. I regret the d elay in responding.

Your brochure indicates that Flatlight is intended for mounting on the door of a motor vehicle, and connects to the battery by a wire. As shown, it contains a corporate logo, which "emits a pleasant glow." The purpose is to readily identify the presenc e of "Real Estate Companies and other Sales Agents who need to meet clients at night."

This agency establishes the Federal motor vehicle safety standards that apply to new motor vehicles and motor vehicle equipment. It also establishes regulations pertaining to safety-related defects in motor vehicles and motor vehicle equipment. As Flat light is advertised almost exclusively for motor vehicle applications (we note a single remark that it can be used for store and window fronts), it is "motor vehicle equipment" subject to the jurisdiction of this agency.

The only Federal motor vehicle safety standard that applies to portable lighting equipment applies only to warning triangles without self-contained energy sources, and thus does not cover the rectangular Flatlight. The Federal lighting standard on lamps , reflective devices, and associated equipment, permits Flatlight to be installed as original equipment (e.g., installed by the dealer on a new vehicle before its delivery to its first purchaser), if it does not impair the effectiveness of lighting equip ment required by the standard. It seems unlikely that the "glow" of a door mounted Flatlight would impair the effectiveness of the required side marker lamps and reflectors; indeed the device might serve more readily to identify the vehicle at night.

We surmise, however, that Flatlight is intended for the aftermarket and for installation on vehicles in use. It appears easily transferable from one vehicle to another. Installation of aftermarket motor vehicle equipment is generally permissible under Federal law. However, the installation is prohibited if it is installed by a motor vehicle manufacturer, distributor, dealer or repair business and if such installation renders inoperative, either wholly or partially, equipment installed in accordance w ith a Federal motor vehicle safety standard. Installation of Flatlight does not appear to present this possibility.

Even though Flatlight is not prohibited under Federal law, you must still determine whether it is permissible under the laws of any State in which it

may be installed. We are unable to advise you on State law, but recommend that you consult the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, VA 22203.

Finally, because Flatlight is "motor vehicle equipment" you, as its manufacturer, must notify purchasers and provide a remedy upon any determination by you or this agency that it contains a defect related to motor vehicle safety.