Interpretation ID: 1985-04.21

TYPE: INTERPRETATION-NHTSA

DATE: 11/15/85

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. Leo Kagan

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Leo Kagan Director of Marketing Automotive Division Amco Manufacturing Corp. 7425 Fulton Avenue North Hollywood, CA 91605

Dear Mr. Kagan:

This is in reply to your letter of August 19, 1985 to Mr. Vinson of this office requesting an interpretation of Standard No. 108 as it pertains to your design of "a rear deck luggage rack with an approved brake light attached to the crossbar".

Because each passenger car manufactured on or after September 1, 1985, is required to have a center high-mounted stop lamp as original equipment, we shall assume that you wish to produce the luggage rack/center stop lamp as an aftermarket accessory for vehicles manufactured without the lamp before September 1, 1985. The Federal standard does not cover the center high-mounted stop lamp as an aftermarket lamp (except as replacement equipment for original equipment lamps), and there is no Federal prohibition against your marketing this equipment. However, the legality of your design will be determinable under the laws of any State in which a vehicle so equipped is operated.

I hope that this answers your question.

Sincerely, Erika Z. Jones Chief Counsel

August 19, 1985

Taylor Vinson Legal Counsel NHTSA, Room 5219 U.S. Dept. of Transportation 400 7th St. S.W. Washington, D.C. 20590

Mr. Vinson:

In a conversation with Dr. Burdett on August 14, he suggested I write you again to obtain a ruling on supplying a rear deck luggage rack with an approved brake light attached to the crossbar - as seen in the enclosed photos.

We deliberately attached the brake light below the bar - rather than above - to eliminate any possibility of accidentally knocking the light off the bar.

If you have any questions, please call me on 800/423-2353. Will look forward to hearing from you - & many thanks for your help. Sincerely,

AMCO MANUFACTURING CORPORATION Leo Kagan Director of Marketing Automotive Division LK:rt