Interpretation ID: 18948.ztv

Mr. Dennis G. Moore
President
Sierra Products, Inc.
1113 Greenville Road
Livermore, CA 94550

Dear Mr. Moore:

This is in reply to your letter of October 15, 1998, calling our attention to what you believe may be a violation of Federal regulations.

Specifically, you believe that two items of lighting equipment sold in the aftermarket (a turn signal lamp, a combination stop, tail, and turn signal lamp) are being marketed as suitable for use on all vehicles when, in fact, their lens area does not comply with the specifications for these lamps on vehicles whose overall width is 80 or more inches. You believe that the product and its packaging should indicate "what vehicle width these lights can legally be used on."

Federal Motor Vehicle Safety Standard No. 108 does not specify any labeling requirements for replacement lighting equipment such as that which you have brought to our attention. However, replacement lighting equipment must be certified as conforming to all applicable Federal motor vehicle safety standards. For purposes of this discussion, we shall assume that the lamps bear a DOT symbol, or that the cartons in which they are shipped bear an appropriate certification of compliance. That certification would cover conformance of replacement lamps on vehicles whose overall width is less than 80 inches. We agree that an indication of appropriate use would be helpful to the buyer, but we do not believe that the failure to do so is a violation of any Federal regulation.

There is a possibility that the lamps could be bought by a vehicle manufacturer for use as original equipment on vehicles whose overall width is 80 or more inches. If this occurs, the vehicles would fail to conform to Standard No. 108, its certification of compliance would be false and misleading, and the manufacturer would have to conduct a notification and remedy campaign. Further, to avoid a civil penalty, the manufacturer would have to demonstrate to the National Highway Traffic Safety Administration that it had no reason to know of the noncompliance in the exercise of reasonable care. To avoid these expenses and sanctions, manufacturers as a general rule, are familiar with Standard No. 108 and other Federal safety regulations. For this reason, we also believe it unlikely that the lamps would be used as original equipment on wider vehicles.

However, if you find any such OEM applications on vehicles whose width is 80 inches or more, please let us know about them.

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

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:108
d.11/18/98