Interpretation ID: 22282
Mr. Anthony Breau
T.M.C. of America
105 110th Street, Suite 1
Treasure Island, FL 33706
Dear Mr. Breau:
This is in response to your letter of October 19, 2000, asking for this agency's comments on your Mirrorcal Wiper mirror and wiper assembly. I note that your letter does not ask any specific questions as to whether your mirror and wiper assembly complies with Federal standards. Thus, I will give you some general information on the functions of the National Highway Traffic Safety Administration (NHTSA) and the responsibilities of motor vehicle equipment manufacturers.
Congress has authorized NHTSA to issue Federal motor vehicle safety standards (FMVSSs) for new motor vehicles and new items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment. Instead, the law establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.
The Mirrorcal Wiper assembly may be subject to several NHTSA standards. The first is FMVSS No. 111, Rearview Mirrors (49 CFR '571.111). FMVSS No. 111 establishes performance and location requirements for the rearview mirrors in each new motor vehicle. Vehicle manufacturers must certify that each of their new vehicles complies with the applicable requirements in FMVSS No. 111.
Please note that since FMVSS No. 111 applies to the completed new vehicle, it does not apply to mirrors sold and installed as aftermarket equipment. However, there are other Federal requirements that indirectly affect an aftermarket mirror system. Under NHTSA's enabling statute, the agency considers the mirror to be an item of motor vehicle equipment. Manufacturers of motor vehicle equipment are subject to our statute's requirements concerning the recall of products with safety-related defects. In the event that you or NHTSA determines that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.
Since it operates off the same air compressor as the vehicle's air brakes, the Mirrorcal Wiper assembly also may affect a vehicle's compliance with FMVSS No. 121, Air Brake Systems (49 CFR 571.121). FMVSS No. 121 specifies performance and equipment requirements for braking systems on trucks, buses, and trailers that are equipped with air brake systems. FMVSS No. 121 does not prohibit the use of air pressure from the brake air supply for wiper assemblies such as the Mirrorcal Wiper assembly, but doing so could affect the vehicle's braking performance and, hence, compliance with the standard.
Finally, since the Mirrorcal Wiper assembly operates off the air compressor, any hoses connected to the assembly could be subject to FMVSS No. 106, Brake Hoses (49 CFR 571.106), if they transmit or contain the brake air pressure used to apply force to a vehicle's brakes, i.e., if a failure of a hose attached to the Mirrorcal Wiper assembly would result in a loss of air pressure in the brake system. If this is the case, the hoses attached to the Mirrorcal Wiper assembly are "brake hoses" and must comply with FMVSS No. 106. However, if a check valve or other device is used to prevent loss of pressure, then the hose would not contain or transmit the brake air pressure and would not be required to comply with FMVSS No. 106.
Note that if the Mirrorcal Wiper assembly is installed as original equipment on a new vehicle, the vehicle manufacturer is required to certify that the vehicle complies with all applicable FMVSSs, including FMVSS Nos. 111, 121, and 106. If the Mirrorcal Wiper assembly is added to a previously-certified new vehicle, the person so modifying the vehicle would be required to certify that, as modified, the vehicle continues to comply with all FMVSSs.
In addition, manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to 49 U.S.C. ' 30122, which states: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly make inoperative . . . any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . . ." If the installation of your mirror and wiper assembly resulted in a vehicle no longer complying with FMVSS No. 111, 121, or 106, then the manufacturer, distributor, dealer, or motor vehicle repair business that replaced the complying mirror with a noncomplying system would have made inoperative a device (the mirror system, air brakes, or brake hoses) installed in the vehicle in compliance with FMVSS No. 111, 121, or 106. The law permits NHTSA to impose a civil penalty of up to $5,000 for each violation of the make-inoperative provision.
Section 30122 does not establish any limitation on an individual vehicle owner's ability to modify his or her own vehicle. However, NHTSA urges vehicle owners not to degrade the safety of any system or device on their vehicles, including the safety of their rearview mirrors and brake systems. In addition, individual States are responsible for regulating the use of motor vehicles, and a State may have its own requirements with regard to the type of mirrors vehicles must have to be registered in that State.
Finally, since the Mirrorcal Wiper assembly is designed for heavy vehicles, it may be subject to Federal Motor Carrier Safety Administration (FMCSA) regulations. The FMCSA is the agency within the Department of Transportation responsible for safety regulations concerning the operation of heavy trucks and buses in interstate commerce.
I hope you find this information useful. If you have any specific questions as to whether your mirror and wiper assembly meets the requirements of FMVSS No. 111, 121, or 106, please feel free to contact Dion Casey in my office at (202) 366-2992, or the Federal Motor Carrier Safety Administration at (202) 366-2519.
Sincerely,
John Womack
Acting Chief Counsel
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d.7/16/01