Interpretation ID: 17374.drn

The Honorable Orrin G. Hatch
United States Senate
131 Russell Senate Office Building
Washington, DC 20510-4402

Dear Senator Hatch:

Thank you for your letter on behalf of your constituent, Mr. Clyde L. Simpson, General Manager of Autotech USA in Park City, asking about requirements of the National Highway Traffic Safety Administration (NHTSA) that apply to Autotech's spare wheel covers for sport utility vehicles. I sincerely regret that Mr. Simpson's earlier letter to the agency was lost.

Mr. Simpson describes Autotech's spare wheel cover, called "The Original Brilliant Cover," as consisting of a stainless steel outer ring assembly, with a stainless steel latch with an integrated lock, and a plastic faceplate assembly with a continuous safety strap. The strap fits the faceplate by passing the strap through two slots which are located opposite each other at the outer perimeter of the faceplate. The strap is placed behind the spare tire and wheel assembly, preventing the faceplate from falling off if the ring assembly should become unlatched or if the spare tire should deflate. Mr. Simpson explains that the product has European approval, and describes some specifications that the product had to meet to receive the approval. He also states that the product has a locking mechanism to ensure its faceplates do not fall off and become a safety hazard.

NHTSA is authorized to issue Federal motor vehicle safety standards (FMVSSs) for new motor vehicles and new items of motor vehicle equipment. Unlike the practice in many countries, NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Instead, manufacturers are required to certify that their vehicles and equipment meet applicable standards.

While "The Original Brilliant Cover" is an item of motor vehicle equipment, NHTSA has not issued any safety standards for spare wheel covers. However, there are certain responsibilities that apply to Autotech, which are briefly described in the enclosed information sheet. For example, Autotech, as a manufacturer of motor vehicle equipment, is responsible for ensuring that its products are free of safety-related defects. This responsibility is set forth in sections 30118-30120 of our statute (at Title 49 of the United States Code). In the event Autotech or NHTSA determines that the wheel cover contains a safety-related defect, Autotech would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. (This responsibility would be borne by the vehicle manufacturer in cases in which the wheel cover is installed on a new vehicle by or with the express authorization of that vehicle manufacturer.)

Other legal requirements may apply depending on how "The Original Brilliant Cover" is sold. If the wheel cover were installed by a vehicle manufacturer as original equipment, the vehicle manufacturer would have to certify that the vehicle, with the spare wheel cover, meets all safety standards. In addition, if the spare wheel cover were installed by a motor vehicle manufacturer, distributor, dealer, or repair business on a new or used vehicle, 30122(b) of our statute prohibits those commercial businesses from "knowingly making inoperative any part of a device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard ..." Any violation of this "make inoperative" prohibition subjects the violator to a civil penalty of up to $1,100 for each violation.

The "make inoperative" prohibition does not apply to modifications that vehicle owners make to their own vehicles. Thus, Federal law would not apply in situations where individual vehicle owners install Autotech's spare wheel cover on their own vehicles, even if the installation were to somehow result in the vehicle no longer meeting a safety standard. However, NHTSA urges owners not to degrade the safety of their vehicles.

Individual States have the authority to regulate modifications that individual vehicle owners may make to their vehicles, so Autotech may wish to consult State regulations to see whether its product would be permitted.

Thank you for the opportunity to address your constituent's questions. If there is anything else I can do, please feel free to contact me at (202) 366-2992.

Sincerely,
John Womack
Acting Chief Counsel
Enclosure
ref:VSA
d.3/13/98