ID: 11244

Mr. Ben Ray
Route 2, Box 229-E
Savannah, TN 38372

Dear Mr. Ray:

This responds to your letter asking about Federal requirements for automatic brake adjusters on log trailers. According to your letter, you manufacture log trailers, using used axles that already have what you call "regular" (i.e., manual) brake adjusters on them. In an October 13, 1995 telephone conversation with Mr. Marvin Shaw of my staff, you further stated that the wheels, brakes, and suspension are typically used, but that occasionally you use new brake systems. You also clarified that these trailers are used on the public roads as well as in the woods for transporting logs to the mills. You asked whether it is permissible to use manual brake adjusters instead of automatic adjusters. The answer depends on whether your log trailers are equipped with new or used components and the trailer continues to use the Vehicle Identification Number (VIN) and to be owned by the user of the reassembled vehicle.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) issues safety standards for new motor vehicles and new motor vehicle equipment. The agency does not provide approvals of motor vehicles or motor vehicle equipment. Instead, manufacturers are required to certify that their vehicles or equipment meet all applicable standards. One such standard is Standard No. 121, Air brake system, which requires new trailers to be equipped with automatic brake adjusters. The following represents our opinion based on the facts provided in your letter.

NHTSA's regulations specifically address the question of when trailers produced by combining new components and used materials are considered to be new trailers. Section 49 CFR 571.7(f) states that when new and used components are used in trailer manufacture, the trailer will be considered "newly manufactured" unless each of the following three conditions is true with respect to the trailer. First, the trailer running gear assembly, which includes the axle(s), wheels, braking and suspension, is not new and was taken from an existing trailer. Second, the existing trailer's identity is continued in the reassembled vehicle with respect to the VIN. Third, the existing trailer is owned or leased by the user of the reassembled vehicle.

In other words, a log trailer will generally be considered newly manufactured, unless all these conditions are met. If a trailer is considered newly manufactured, then it must comply with the

current requirements applicable to trailers. Among other things, this means that the trailer must be equipped with automatic adjusters. If a trailer meets these three conditions, then it is considered not newly manufactured and may be equipped with manual adjusters.

I hope this information is helpful. If you have any questions about NHTSA's safety standards, please feel free to contact Marvin Shaw at this address or by telephone at (202) 366-2992.

Sincerely,

Samuel J. Dubbin Chief Counsel

ref:121# 571 d:11/9/95

ID: 11245

Mr. Yoshiaki Matsui
Manager
Automotive Equipment
Legal & Homologation Section
Stanley Electric Co., Ltd.
2-9 13, Nakaameguro, Meguro-ku
Tokyo 153, Japan

Re: Accessory Lamp with LEDs

Dear Mr. Matsui:

This responds to your letter of September 18, 1995, describing a combination tail, stop, and rear turn signal lamp which incorporates incandescent bulbs to perform assigned functions, and which contains light- emitting diodes (LEDs) in a compartment along the outboard side.

With respect to red LEDs adjacent to the tail and stop lamp, you state that the lamp is designed to conform to Standard No. 108 using the incandescent bulbs only, and that you regard the LEDs as an "accessory" acceptable to NHTSA (Your Question 1).

We agree. Because the LEDs are not necessary to conformance with Standard No. 108, they are considered supplemental lighting equipment. Such equipment is permitted by paragraph S5.1.3 of Standard No. 108 if it does not impair the effectiveness of lighting equipment required by Standard No. 108. You state that when the taillamp and LEDs are lit simultaneously, the total intensity does not exceed the maximum intensity specified for a one-section taillamp. It would therefore appear that the presence of the LEDs does not impair the effectiveness of the taillamp (or the stop lamp, which will have a higher intensity).

The red LEDs will provide a red color through the amber lens that covers the turn signal lamp, and will remain on when the turn signal is activated (Your Question 2). This design also appears permissible. We have never considered contiguous rear steady-burning red and flashing amber lamps to be prohibited by Standard No. 108 (the basic design of your lamp), and we do not believe that the supplemental red LEDs will impair the effectiveness of the amber turn signal lamp.

If you have any further questions, you may refer them to Taylor Vinson of this Office (phone: 202-366-5263).

Sincerely,

Samuel J. Dubbin Chief Counsel

ref:108 d:11/9/95

ID: 11246-2DRN

Mr. Mike Love
Manager, Compliance
Porsche Cars North America, Inc.
100 West Liberty Street
P. O. Box 30911
Reno, NV 89520-3911

Dear Mr. Love:

This responds to your request for an interpretation of Federal Motor Vehicle Safety Standard No. 102, Transmission shift lever sequence, starter interlock, and transmission braking effect. You asked how the requirement in S3.1.4 concerning display of shift lever positions would apply to the Porsche Tiptronic transmission in the event of a serious fault in the transmission. As explained below, the vehicle would not need to meet S3.1.4 when it detects a serious fault in the transmission.

In your letter and in a telephone conversation with Dorothy Nakama of my staff, you explained that the Tiptronic transmission has a default "limp-home" mode which is enabled whenever a serious fault is detected in the transmission control unit. In this mode, the vehicle automatically goes into fourth gear drive. This allows the driver to get the car to a dealership where the fault can be repaired. If the driver attempts to move the shift lever, the vehicle's transmission would not go out of fourth gear. However, the driver would be able to put the vehicle into "park." You stated that Porsche plans to indicate to the driver that the transmission has entered the limp- home mode by flashing alternately the gear position indicator and the gear number indicator.

S3.1.4.1 of Standard No. 102 states that:

[I]f the transmission shift lever sequence includes a park position, identification of shift lever positions, ... shall be displayed in view of the driver whenever any of the following conditions exist:

(a) The ignition is in a position where the transmission can be shifted.

(b) The transmission is not in park.

The question you raise is similar to one we addressed in a July 29, 1993 interpretation to Mazda (copy enclosed). In both situations, NHTSA is asked to address whether, in an abnormal functioning of the vehicle, the vehicle must continue to meet Standard No. 102. In the letter to Mazda, we stated that Standard No. 102 presumes a functioning vehicle with a functioning gear shift lever sequence. One of the purposes of Standard No. 102 is to reduce the likelihood of shifting errors. In the letter to Mazda, NHTSA went on to state:

In the event of a power failure in a vehicle incorporating electronic transmission gear shift sequence displays, the vehicle would not be capable of being driven, or of having its gears shifted. Therefore, since the standard did not contemplate driving or shifting gears in the event of a power failure, the standard was not intended to regulate the transmission shift display in the event of an electrical or other power failure, when the vehicle is taken out of the "park" position in order to be towed.

Similarly, in the event of a fault in Porsche's Tiptronic transmission, as you indicated to Ms. Nakama, the vehicle would not be capable of being driven above the fourth gear, or of having its gears shifted. Since Standard No. 102 presumes a normally functioning vehicle, in the event of a fault in the Tiptronic transmission, the vehicle need not meet Standard No. 102's requirement that the "identification of shift lever positions, including the positions in relation to each other and the position selected, shall be in view of the driver."

I hope this information is helpful. If you need any further information, please contact Dorothy Nakama of my staff at (202) 366-2992.

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosure

ref:102 d:3/13/96

ID: 11247

Dorothy Jean Arnold, M.D.
15 Fairview Knoll N.E.
Iowa City, Iowa 52240-9147

Dear Dr. Arnold:

This responds to your letter asking whether the air bags in your car can be disconnected. You explained that you are physically impaired by the effects of osteomyelitis, a disease of the bones; cannot use a seatbelt with comfort; and were Agranted dispensation from such usage several years ago.@ In a telephone conversation with Richard Reed of this agency, you indicated that you are 74 years old, 5 feet, three inches tall, and must sit close to the steering wheel because of your medical condition.

As explained below, our answer is that NHTSA will not institute enforcement proceedings against a repair business that disconnects an air bag on your vehicle to accommodate your condition.

Standard No. 208, Occupant Crash Protection, requires that cars be equipped with automatic crash protection at the front outboard seating positions. The air bags in your car were installed as one means of complying with that requirement. The removal or deactivation of one of those air bags by a vehicle dealer is governed by a provision of Federal law, 49 U.S.C. '30122. The section provides that:

A manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard.

However, in limited situations in which a vehicle must be modified to accommodate the needs of a person with a particular disability or a person's special medical needs, NHTSA has in the past stated that it would consider violations of the "make inoperative" prohibition as purely technical ones justified by public need, and that it would not institute enforcement proceedings.

I would like to caution you that both safety belts and air bags are very important items of safety equipment. Safety belts are the primary means of occupant restraint, and work in all types of crashes. NHTSA estimates that in 1994, safety belts saved almost 9,200 lives and prevented more than 211,000 moderate to critical injuries. The combination of wearing safety belts and having an air bag installed at a seating position provides vehicle occupants with maximum safety protection in all types of crashes. Also, air bags are designed to offer some protection even when safety belts are not used. Since 1987, air bags are estimated to have saved 911 lives.

NHTSA strongly encourages vehicle occupants to wear their safety belts, since we are concerned about the much higher safety risk faced by unbelted occupants. We understand, however, that you cannot wear your safety belt for medical reasons, and that you are concerned about a possible safety risk from the air bag in such a situation.

While air bags have an impressive overall performance record and are designed to provide some protection even for unbelted occupants, NHTSA has become aware of situations in which current air bags have undesired side effects. These include situations in which an air bag appears to have contributed to serious injuries and even death to vehicle occupants, in minor-to-moderate severity crashes. Information indicates that an air bag might pose a risk of serious injury to unrestrained small statured and/or older people, in particular. I note that NHTSA has recently issued a request for comments (copy enclosed) concerning the agency=s actions to minimize the adverse side effects of air bags and to invite the public to share information and views with the agency.

Since your disability prevents you from wearing your safety belt, and given your age and size, the disability places you in a situation where there may be a risk of serious injury from the air bag. While this particular risk can be addressed by disconnecting the air bag, there are trade-offs: Disconnecting the air bag subjects you to a higher risk in crashes, especially higher-speed crashes, where the air bag would provide protection. We urge you to carefully weigh the trade-offs in making your decision.

If you decide that the risk to you from the air bag offsets the potentially life-saving benefits of the air bag, and you wish to have your air bag deactivated, we would regard the deactivation a purely technical violation of the "make inoperative" prohibition justified by public need. Accordingly, we would not institute enforcement proceedings against any person listed in section 30122 who deactivated the air bag. I would recommend that the manufacturer of the vehicle and/or air bag be consulted on the safest way to disconnect the air bag. I also note that the air bag should only be disconnected from a position where you would be seated. In addition, I strongly encourage you to ensure that every person in your vehicle who can use his or her safety belt does so.

I want to add a caution. The purpose of the "make inoperative" prohibition is to ensure, to the greatest degree possible, current and subsequent owners and users of your vehicle are not deprived of the maximum protection afforded by the vehicle as newly manufactured. Accordingly, if you were to sell your vehicle later, we urge that the air bag be reactivated for the subsequent driver.

I hope that this letter resolves your problem. If you have any other questions, please contact Edward Glancy of my staff at this address or by phone at (202) 366- 2992.

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosure

Ref:208 d:12/ll/95

ID: 11253pet

Jonathan P. Reynolds, Esq.
Cosco, Inc.
2525 State St.
Columbus, IN 47201

Dear Mr. Reynolds:

This responds to your letter asking us to confirm that we consider your submission, dated August 3, 1995, as a timely petition for reconsideration of a final rule published July 6, 1995 (Docket No. 74-09, Notice 42). You enclosed a copy of a Federal Express document to show that your submission was received by NHTSA within the time period provided for such petitions under 49 CFR '553.35.

The Federal Express document, which shows the signature of an agency employee, supports a finding that your submission was timely filed. NHTSA is processing your submission as a petition for reconsideration of the subject rule.

If you have any further questions about your petition, please contact Ms. Deirdre Fujita of my staff at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

ref:553 d:10/24/95

ID: 11258

Mr. Edward J. Googins
Chief of Police
City of South Portland
30 Anthoine Street
South Portland, ME 04106

Dear Chief Googins:

This responds to your question whether passenger seat belts must be installed on a 1982 school bus with a gross vehicle weight rating (GVWR) of 20,200 pounds. The answer is no; NHTSA's regulations do not call for the belt systems.

In a telephone conversation with Dorothy Nakama of my staff, you stated that the subject of your letter, a 1982 International - Model #S1700 bus with a GVWR of 20,200 pounds, was manufactured as a school bus.

Federal Motor Vehicle Safety Standard No. 222, School bus passenger seating and crash protection, establishes occupant protection requirements for school bus passenger seating and restraining barriers. Standard No. 222 did not in 1982, and does not now, specify that newly manufactured school buses with a GVWR of 20,200 pounds have passenger seat belt assemblies. Thus, under Standard No. 222, your 1982 school bus need not have seat belt assemblies for passengers.

However, please note that the States are free to require seat belts in large school buses used to transport students. Enclosed is a February 14, 1992 letter to Mr. Michael A. Martin of the Maine Bureau of Highway Safety, addressing the relationship between Federal school bus safety standards and state law. Note that on page two, NHTSA explains that a State may require seat belt installation for school buses procured by the State, as long as Federal compartmentalization requirements are not compromised.

I hope this information is helpful. If you need any further information, please contact Dorothy Nakama of my staff at (202) 366-2992.

Sincerely,

Samuel J. Dubbin Chief Counsel ref:222 d:12/8/95

ID: 11275

M. Guy Dorleans
International Regulatory Affairs ManagerValeo
34, rue Saint-AndrJ
93012 Bobigny Cedex
France

Dear M. Dorleans:

This responds to your letter of September 29, 1995, with respect to the use of light-emitting diodes (LEDs) to fulfill the lighting requirements of Standard No. 108.

You have enclosed a design for a lamp incorporating tail, stop, and rear turn signal functions, the illumination for which will be provided by red LEDs. At night, the LEDs will provide sufficient illumination to meet taillamp photometrics, with increased illumination when the brake pedal is applied, "so that the sum of the photometrics of the stoplamp and the tail lamp is fulfilled." When the turn signal is activated, "all the diodes are energized at full intensity during the on-period of the turn signal [and] [t]he sum of the photometrics of the rear turn signal lamp and the tail lamp is then fulfilled . . . ." You ask for "confirmation that this new lighting combination is correct."

We consider this lamp, as you have more fully described it in your letter, to be an acceptable design for meeting the requirements of Standard No. 108.

If you have any questions, you may refer them to Taylor Vinson of this Office (phone: 202-366-5263).

Sincerely,

Samuel J. Dubbin Chief Counsel

ref:108 d:11/9/95

ID: 11281

Mr. B`rje Kukka
Humalistonkatu 5
00250 Helsinki
FINLAND

Dear Mr. Kukka:

This responds to your request for an interpretation whether NHTSA's statutes and regulations would apply to a process you intend to market, in which two horizontal parallel grooves are etched into the lower portion of motor vehicle windshields. The groves apparently facilitate windshield cleaning by scraping water and debris off the windshield wipers as the wipers pass over the grooves. You provided a videotape on the process and a portion of a windshield etched with the grooves.

I am enclosing two interpretation letters, one dated March 1, 1985 and another dated October 28, 1988, both addressed to Mr. Andrew P. Kallman of Lansing, Michigan. Mr. Kallman asked NHTSA's opinion of a process that is very similar to your process. The letters explain how NHTSA's regulations would apply if your process were used on new vehicles or windshields and on windshields of a used vehicle.

Please also note, NHTSA has no authority to "approve" or certify your process. If you understood any previous correspondence from agency personnnel to mean that NHTSA approves of your product, has endorsed it in any manner, or has made commendations about it (e.g., it "can improve a driver's ability to drive safely"), that is incorrect, and we apologize for any confusion.

State laws may affect operations that you conduct in that State. If you decide to do business in a particular State, you should seek legal advice on requirements for conducting your type of business in that State, including requirements the State may have for persons modifying windshields or for vehicles with modified windshields.

I hope the enclosed information is helpful to you. Should you have any questions concerning NHTSA's legal authority, please write to me at this address or contact Dorothy Nakama of my staff at (202) 366-2992. Our FAX number is (202) 366- 3820. I am, under separate cover, returning your videotape and windshield portion.

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosures

ref:104#205 d:11/13/95

ID: 11283

Mr. Tom Byrne
Vice President
Goodridge (USA) Inc.,
20309 Gramercy
Torrance, CA 90501

Dear Mr. Byrne:

This responds to your letter requesting an interpretation of Federal Motor Vehicle Safety Standard No. 106; Brake hoses. According to your letter, you plan to sell a brake hose assembly for hydraulic brake systems that you refer to as "Stainless Steel Braided Brakelines." You then asked several questions about selling your product in this country.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) administers Federal requirements for the manufacture and sale of new motor vehicles and certain items of motor vehicle equipment, including brake hose assemblies. Congress has established a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable Federal motor vehicle safety standards (FMVSSs). This process requires each manufacturer to determine that its products meet all applicable requirements. NHTSA tests vehicles and equipment sold to consumers for compliance with the FMVSS's and investigates defects relating to motor vehicle safety. If a manufacturer or NHTSA determines that a noncompliance or safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. A manufacturer of a noncomplying product is also subject to a civil penalty of up to $1,000 for each noncomplying item it produces. I have enclosed an information sheet that highlights the responsibilities you must meet as a manufacturer of motor vehicle equipment.

Standard No. 106 applies to new motor vehicles and to brake hoses, brake hose end fittings, and brake hose assemblies. The standard specifies labeling and performance requirements for these products to reduce the likelihood of brake system failure from ruptures in the brake hose or brake hose assembly. New brake hoses, end fittings, and assemblies must meet these requirements to be sold in or imported into this country. If the items do not comply, the manufacturer is subject to the civil penalties and the recall responsibilities mentioned above.

You first asked NHTSA to "confirm" that an independent laboratory certification is valid for the United States. As explained above, NHTSA does not approve manufacturers' products or conduct pre-sale testing of their products. In the United States, the individual manufacturer must certify that its product complies with all applicable FMVSS's.

You then asked NHTSA to confirm that such a brake hose assembly can be used with an adapter into the master cylinder or caliper. Your brake hose assembly can be used at any place in a motor vehicle, provided that in installing it, a vehicle manufacturer, distributor, dealer or repair business does not knowingly make inoperative, in whole or in part, a vehicle or item of equipment which is in compliance with any applicable safety standard. Specifically, inclusion of your brake hose assembly could not modify a hydraulic brake system subject to FMVSS No. 105, Hydraulic Brake Systems, to the extent that it no longer complies with the standard.

Your next question asked whether there are any special marking requirements for brake hose assemblies manufactured for sale in the United States. Section S5.2.4 sets forth labeling requirements for brake hose assemblies.

Section S5.2.4 states that

Each hydraulic brake hose assembly, except those sold as part of a motor vehicle, shall be labeled by means of a band around the brake hose assembly as specified in this paragraph or at the option of the manufacturer, by means of labeling as specified in S5.2.4.1. The band may at the manufacturer's option be attached so as to move freely along the length of the assembly, as long as it is retained by the end fittings. The band shall be etched, embossed, or stamped in block capital letters, numerals or symbols at least one-eighth of an inch high, with the following information:

(a) The symbol DOT constituting certification by the hose assembler that the hose assembly conforms to all applicable motor vehicle safety standards.

(b) A designation that identifies the manufacturer of the hose assembly which shall be filed in writing with: Office of Vehicle Safety Standards, Crash Avoidance Division, National Highway Traffic Safety Administration, 400 Seventh Street SW., Washington DC 20590. The designation may consist of block capital letters, numerals or a symbol.

In addition, section S5.2.4.1 provides as an option that at least one end fitting be etched, stamped or embossed with a designation at least one-sixteenth of an inch high that identifies the manufacturer of the hose assembly.

I have also enclosed copies of two procedural requirements you must satisfy in order to sell your products in this country. The first requirement is NHTSA's regulation for manufacturer identification (49 CFR Part 566). This regulation requires a manufacturer of equipment to which an FMVSS applies (e.g., brake hoses) to submit its name, address, and a brief description of the items of equipment it manufacturers to NHTSA within 30 days after it first imports its products into the United States. The second requirement is NHTSA's regulation for designations of agents (49 CFR Part 551, Procedural Rules, Subpart D). The regulation requires all manufacturers headquartered outside of the United States to designate a permanent resident of the United States as the manufacturer's agent for service of all process, notices, orders and decisions. This designation should be mailed to me at the following address: Chief Counsel, Room 5219, National Highway Traffic Safety Administration, 400 Seventh St., S.W., Washington, D.C., 20590. The designation must include the following information:

1. A certification that the designation of agent is valid in form and binding on the manufacturer under the laws, corporate-by-laws, or other requirements governing the making of the designation at the time and place where it is made;

2. The full legal name, principal place of business and mailing address of the manufacturer;

3. Marks, trade names, or other designations of origin of any of the manufacturer's products which do not bear its name;

4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer;

5. A declaration of acceptance duly signed by the agency appointed, which may be an individual, a firm or a United States corporation; and,

6. The full legal name and address of the designated agent.

7. In addition, the designation must be signed by a person with authority to appoint the agent. The signer's name and title should be clearly indicated beneath his or her signature.

I hope this information is helpful. If you have further questions, please contact Mr. Marvin Shaw of this office at (202) 366-2992.

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosure ref:106 d:12/12/95

The standard defines a "brake hose assembly" as a "brake hose, with or without armor, equipped with end fittings for use in a brake system..."

ID: 11292ZTV

Christopher A. Cernik, Esq.
Couch, White Brenner, Howard & Feigenbaum
P.O. Box 22222
Albany, NY 12201

Dear Mr. Cernik:

This is in reply to your letter of October 11, 1995, to Thomas M. Louizou, NHTSA Regional Administrator, seeking an interpretation of Federal Motor Vehicle Safety Standard No. 108 on behalf of your client, RoyRock LLC. RoyRock wishes to know "the extent to which it may state that the Dobert Lights meet DOT requirements when used as temporary replacement lights for certain lights required on commercial motor vehicles . . . ."

RoyRock is the distributor for the Dobert Universal Safety Light, two of which you enclosed with your letter. This is a lamp operated by two AA batteries, in either steady-burning or flashing mode, which may be affixed to a vehicle and is equipped with a road base stand for off-vehicle use. We note that the art work on the blister pack also depicts use of the lamps on products other than motor vehicles, specifically tractors and boats.

One intent for the Dobert Light is for it "to act as a temporary replacement for several standard lamps and reflectors as required by Standard 108", specifically, "taillamps; side marker lamps; identification lamps; vehicle hazard warning signal flasher; clearance lamps; and intermediate side marker lamps; . . . reflex reflectors and side reflex reflectors."

As you note, "[a]t issue is the fact that Standard 108 does not contemplate the use of temporary replacement lights." We

agree with that statement. Paragraph S3(c) specifies that Standard No. 108 applies to "Lamps, reflective devices, and associated equipment for replacement of like equipment on vehicles to which this standard applies." Unless that equipment is identical in design to original equipment, it cannot be said to be a replacement for it. The purpose of paragraph S5.8 Replacement Equipment and most of its ten subparagraphs is to require that replacement equipment be designed to meet the same level of performance as original equipment. As you also note, the wiring requirements of paragraph S5.5 cannot apply to the activation and operation of the Dobert Light. In our view, taken together, paragraphs S3(c), S5.5, and S5.8 indicate the agency's unmistakable intent that the replacement lighting equipment governed by Standard No. 108 is equipment that differs from original equipment only in the time in which it installed on a motor vehicle. Replacement equipment is intended to be permanent, not temporary, and operable through a vehicle's electrical system and not through self-contained power sources outside the vehicle.

In our view, the Dobert Light meets the statutory definition of 49 U.S.C. 30102(a)(7)(B) for "motor vehicle equipment" to the extent that it is "an accessory or addition to a motor vehicle" even though it is not replacement equipment. Under Standard No. 108, the symbol "DOT" on a product is the manufacturer's certification that it complies with all applicable Federal motor vehicle safety standards. However, neither Standard No. 108 nor any other Federal motor vehicle safety standard applies to this item of accessory lighting equipment and use of the DOT symbol on it would be inappropriate and misleading. Standard No. 108, however, would not prohibit the Dobert Light from being marked with the SAE lighting code specifying the various automotive lighting functions that its manufacturer believes it may meet.

If you have any questions, you may refer them to Taylor Vinson of this Office (202-366-5263).

Sincerely,

Samuel J. Dubbin Chief Counsel

ref:108 d:3/8/96