Interpretation ID: aiam5066
Engineering Sate-lite Manufacturing. Co. 6230 Gross Point Road Niles
IL 60648;
"Dear Mr. Darby: This responds to your inquiry about whether a warnin device would comply with Federal Motor Vehicle Safety Standard No. 125, Warning devices (49 CFR 571.125). You were specifically concerned about the implications of adding a battery operated flashing light to a warning device that otherwise complies with the Standard. You stated that placing flashing lights between the reflex reflectors would enhance the device's conspicuity at night. I am pleased to have this opportunity to explain our requirements to you. By way of background information, the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., the 'Safety Act') gives the National Highway Traffic Safety Administration (NHTSA) the authority to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 125. The Safety Act provides that no person shall 'manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States' any new motor vehicle or new item of motor vehicle equipment unless the vehicle or item of equipment complies with the applicable standard. (See 15 U.S.C 1397(a)(1)(A).) NHTSA has no authority under the Safety Act to approve, certify, or otherwise endorse any commercial product. Instead, the Safety Act establishes a self-certification process under which each manufacturer is required to certify that each of its products meets all applicable Federal Motor Vehicle Safety Standard. (See 15 U.S.C. 1403.) I am enclosing a general information sheet explaining NHTSA's regulations. As your letter states, Standard No. 125 applies to 'devices, without self- contained energy sources, that are designed to be carried in motor vehicles and used to warn approaching traffic of the presence of a stopped vehicle, except for devices designed to be permanently affixed to the vehicle.' (emphasis added, see section S3) In other words, Standard No. 125 does not apply to warning devices with self-contained energy sources. In previous interpretations, the agency has determined that the phrase 'self-contained energy sources' includes such things as battery powered lights. Accordingly, a warning device to which a battery operated flashing light was added would not be subject to Standard No. 125. You also asked whether a vehicle required to have three '125 warning triangles' would be required to have three non-lighted complying triangles set out as well. Please be aware that NHTSA does not regulate the use of warning devices. I am forwarding your letter to the Federal Highway Administration (FHWA) which is authorized to regulate some motor vehicle operators and vehicle operations. I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosure";