Interpretation ID: 22968.ztv.wpd

Mr. Hugo De Roo
Area Export Manager
Van Hool N.V.
Bernard Van Hoolstraat 58
B-2500 Lier Koningshoolkt
Belgium

Dear Mr. De Roo:

This is in reply to the letter that you and Mr. Van Hool wrote on March 20, 2003, asking for an interpretation with respect to required markings on lenses of certain rear lamp clusters on Van Hool buses. You asked that we address both original and replacement lenses. You believed that Van Hool may have failed to comply with our regulations.

Federal Motor Vehicle Safety Standard (FMVSS) No. 108 (49 CFR 571.108), Lamps, Reflective Devices and Associated Equipment, does not require lenses of any rear lamp, whether original or replacement, to be marked with the SAE identification code or any other markings (although the standard permits replacement equipment to be marked with the DOT symbol as a certification of compliance). Therefore, the fact that Van Hool lenses may not be marked is not a failure to comply with a FMVSS that would require the company to notify owners and to remedy a noncompliance.

We understand that owners and users of Van Hool buses may also be subject to the lighting equipment regulations of the Federal Motor Carrier Safety Administration (FMCSA) of the Department of Transportation, 49 CFR Part 393 (2002). These regulations state that any required reflector on a motor vehicle subject to FMCSA regulations must comply with FMVSS No. 108, and be marked with the manufacturers name or trade name and the letters "SAE-A." See Sections 393.26(b) and (c). As for the marking of lamps, under Section 393.25(d), all lamps "required to conform to the requirements of the SAE standards" are to be marked with SAE designations and other information. However, since March 7, 1990, lamps are no longer required to conform to SAE requirements but must meet FMVSS No. 108 instead. See footnote (b)(2) to Section 393.24(c) (which also specifies that in a conflict between an SAE standard and a FMVSS, the latter shall prevail). Accordingly, with the exception of reflectors as noted, Section 393 has not required lighting equipment to be marked on any vehicles manufactured since March 7, 1990.

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

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:108
d.5/29/03