Interpretation ID: nht95-3.11

TYPE: INTERPRETATION-NHTSA

DATE: June 13, 1995

FROM: K. Howard Sharp -- Attorney at Law, Arnason Law Office

TO: John Womack -- Acting Chief Counsel, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO 6/30/95 LETTER FROM JOHN WOMACK TO K. HOWARD SHARPE (A43; STD. 108; VSA 30102)

TEXT: Dear Mr. Womack:

Thank you for your recent letter regarding the Safety Bright (R) product manufactured by NYTAF Industries, Inc. Your remarks provided a great deal of insight and assistance to NYTAF in the development of their product.

We are a bit confused on whether NYTAF qualifies as a manufacturer and whether standard 108 would apply in this instance. NYTAF manufactures Safety Bright (R) for use as an accessory to be installed on vehicles which are already in use on the roadway s. Presently NYTAF has no plans for the installation of Safety Bright (R) equipment on new vehicles. We understand that if that were the case the new vehicle manufacturer would be responsible for certification of compliance with the motor vehicle safet y standards. We are not certain, however, whether NYTAF must certify compliance with those standards since it is simply a manufacturer of an accessory. We would appreciate your clarification on this issue.

Again, thank you for your prompt response and helpful guidance.