Interpretation ID: 19566.drn
Mr. Encarnacion H. Gonzalez
P. O. Box 1321
Alice, TX 78332
Dear Mr. Gonzalez:
This responds to your letter asking about the applicability of Federal requirements to an invention you are developing, a "windshield airstream deflector system that forces a fast moving blanket of air over the windshield of vehicles to prevent rain, insects, and other small airborne objects from impacting the windshield." I am pleased to provide the information you requested.
At the outset, let me note that you have obviously spent a great amount of time and effort thinking about how to improve driving visibility. We appreciate your efforts in this area and the contributions that inventors such as you make to motor vehicle safety. Unfortunately, the National Highway Traffic Safety Administration (NHTSA) does not have any funds to assist you in manufacturing, evaluating, or certifying or otherwise further developing your product for sale to the public.
By way of background information, NHTSA is authorized to issue Federal Motor Vehicle Safety Standards (FMVSSs) for new motor vehicles and new items of motor vehicle equipment. This agency 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. Also, it is unlawful for dealers to sell motor vehicles or motor vehicle equipment that do not meet applicable standards.
Vehicle manufacturers wishing to install your device in a new vehicle (before first sale of the vehicle to the customer) would be required to certify that their vehicles meet all applicable safety standards with the device installed. Two FMVSSs that might be relevant to your device are Standard No. 103, Windshield Defrosting and Defogging Systems, which specifies requirements for windshield defrosting and defogging systems, and Standard No. 104, Windshield Wiping and Washing Systems, which specifies a number of requirements for windshield wiping and washing systems. It is my understanding that you have informed Dorothy Nakama of my staff that as your device is presently designed, it is not intended to be used instead of a vehicle's windshield defrosting and defogging or wiping and washing system, but would be placed in addition to these systems.
Neither Standard No. 103 nor 104 would preclude the inclusion of your windshield airstream deflector device on a motor vehicle. However, a vehicle manufacturer would need to ensure that if a vehicle had your device, the vehicle's windshield defrosting and defogging system and windshield wiping and washing system met all the requirements of Standards Nos. 103 and 104.
No standards would apply to your device to the extent that it is sold as aftermarket equipment. However, Federal law prohibits a manufacturer, distributor, dealer, or motor vehicle repair business from "making inoperative" a vehicle's compliance with any safety standard. If your device affects the compliance of a motor vehicle with Standard No.103 or Standard No. 104, it could not be installed by the above named businesses. Similarly, your device could not be installed by such businesses if the installation adversely affected a vehicle's compliance with any safety standard.
The "make inoperative" provision does not apply to modifications made by owners to their own vehicles. However, NHTSA encourages vehicle owners not to degrade the safety of their vehicles. Also, individual States have authority to regulate modifications that a vehicle owner may make to his or her vehicle. We are not able to provide you with information on State laws.
You should contact the individual States in which you intend to sell your products.
For further information about State laws, you may also wish to contact the following: American Association of Motor Vehicle Administrators (AAMVA), 4301 Wilson Blvd., Suite 400, Arlington, VA 22203. Their telephone number is: (703) 522-4200, and their FAX number is: (703) 522-1553. The AAMVA promotes cooperation among the states with motor vehicle safety, administrative matters, and other issues of importance to motor vehicle use.
Another source of information about State laws is the Automotive Manufacturers Equipment Compliance Agency, Inc. (AMECA), 1101 15th St., N.W., Suite 607, Washington, DC 20005. Their telephone number is: (202) 898-0145, and their FAX number is: (202) 898-0148. The AMECA is a centralized voluntary agency that notifies government, industry and the public about items of motor vehicle safety equipment that have been tested by accredited laboratories and found to be in compliance with applicable United States industry, state and federal standards.
Finally, your device is considered to be "motor vehicle equipment" under Federal law. This means that you or whoever manufactures your device would be subject to Title 49 of the U.S. Code, sections 30118-30121, concerning the recall and remedy of products with defects related to motor vehicle safety. If the manufacturer or NHTSA determined that the product contains a safety related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.
I hope this information is helpful. As you requested, I am enclosing a copy of Standards Nos. 103 and 104. If you have any further questions, please contact Ms. Dorothy Nakama this address or at (202) 366-2992.
Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:103#104#VSA
d.3/29/99