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Interpretation ID: 23544rack


    Mr. Christopher P. Reilly
    8657 Langholm Rd.
    El Cajon, CA 92021


    Dear Mr. Reilly:

    This responds to your letter seeking information on regulations that govern the design, manufacture, installation and use of a cargo rack for SUVs. I regret the delay in responding.

    You state that the cargo rack contains a 2 ft x 4 ft area elevated by posts at about the same height as the back of the rear seat. The cargo rack will attach to existing cargo tie downs located on the floor behind the rear seat. Items may be stored on the rack's main storage area or on shelves attached to the posts. Further, you indicate that storage of items in the rack's main area may block the view through the rear window and that you are concerned that items tied down in the rack may become loose in an accident and strike a passenger in the back of the head. Because you do not mention whether the cargo rack will be made available for installation as original equipment and/or marketed as an aftermarket product for installation on used vehicles, we will address both types of installations.

    By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the statutory authority to issue Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment or pass on the compliance of a vehicle or item of equipment outside the context of an actual enforcement proceeding. Instead, Federal law establishes a self-certification system under which motor vehicle and equipment manufacturers themselves certify that their products comply with all applicable standards. The following represents our opinion regarding the applicability of our laws and standards to your product based on the facts set forth in your letter.

    Installation in New Vehicles

    A manufacturer of a new vehicle must certify that its vehicle meets all applicable Federal motor vehicle safety standards. Any person who manufactures or sells a new vehicle which does not conform to any safety standard is subject to civil penalties and recall action under our statute.

    NHTSA has issued Standard No. 111, Rearview Mirrors, to establish performance and location requirements for rearview mirrors in each new motor vehicle. Under this standard, your cargo rack may or may not be permitted, depending on the particular vehicle in which the cargo rack would be installed. "Inside" rearview mirrors are required for "multipurpose passenger vehicles, trucks, and buses, other than school buses, with a GVWR [gross vehicle weight rating] of 4,536 kg or less," under one alternative of the standard (paragraph (a) of S6.1). If a vehicle manufacturer met Standard No. 111's requirements by way of an inside rearview mirror, a rack could not obstruct the view of the inside rearview mirror (i.e., the mirror must continue to provide the scope of view required by the standard). Inside rearview mirrors are not required for multipurpose passenger vehicles, trucks, and buses with a GVWR greater than 4,536 kg. The installation of your rack in those vehicles would not interfere with the operation of a required "inside" rearview mirror and thus would not create a noncompliance with Standard No. 111. However, the vehicles will continue to be subject to the other rearview mirror requirements of sections S6, S7 and S8 of Standard No. 111 and all other relevant requirements.

    The vehicle manufacturer also needs to certify that the vehicle, with the installed cargo rack, conforms to other applicable FMVSSs, including FMVSS No. 201, Occupant Protection in Interior Impact, and No. 202, Head Restraints. I have enclosed an information sheet that describes how you can obtain copies of these and other FMVSSs. You should review the standards to see how they would affect the installation of the cargo rack in a new vehicle.

    As an Aftermarket Item of Equipment

    We would classify the cargo rack as an item of motor vehicle equipment regulated by NHTSA. Our statute defines "motor vehicle equipment" in 49 U.S. Code (U.S.C.) 30102(a)(7)(B) in relevant part as any system, part, or component "soldas an accessory or addition to a motor vehicle." An item of equipment is an accessory if it meets the following criteria:

      a. A substantial portion of its expected uses are related to the operation or maintenance of motor vehicles; and

      b. It is purchased or otherwise acquired, and principally used by ordinary users of motor vehicles

    After reviewing your letter, we conclude that the cargo rack is an accessory. It was designed with the expectation that a substantial portion of its use will be with motor vehicles. Further, your description of the cargo rack makes it clear that the cargo rack is intended to be purchased and principally used by ordinary users of motor vehicles to store cargo inside the rear cargo area of the vehicle.

    While a cargo rack is an item of motor vehicle equipment, NHTSA has not issued any FMVSSs establishing performance standards directly applicable to this product if it were sold directly to consumers for installation on used vehicles. However, the manufacturer is subject to the requirements of 49 U.S.C.30118-30120, which set forth the notification and remedy procedures for products with defects related to motor vehicle safety. Thus, if NHTSA or the manufacturer determines that the product contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the defective equipment and for remedying the problem free of charge. (Note that this responsibility is borne by the vehicle manufacturer in cases in which the product is installed on a new vehicle by or with the express authorization of that vehicle manufacturer.)

    The installation of a cargo rack by a commercial entity is also subject to other restrictions. Our statute at 49 U.S.C.30122 provides that a manufacturer, distributor, dealer, or vehicle repair business may not knowingly "make inoperative" any device or element of design installed on or in a motor vehicle in accordance with any FMVSS. Therefore, the cargo rack could not be installed by any of those entities if such use would adversely affect the capability of a vehicle to comply with the performance requirements of FMVSS No. 111, as well as the compliance of a vehicle with any other FMVSS. You should carefully review the FMVSSs to determine whether installation of your cargo rack would affect a vehicle's compliance with the standards. (1)

    Finally, we agree with your concern that items tied down in the rack may become loose in a crash and strike vehicle occupants. It might be advisable to include in your design means to prevent occupants from being struck by flying cargo in crash situations.

    States have the authority to regulate the use and licensing of vehicles operating within their jurisdictions and may have restrictions on cargo racks. Therefore, you should check with the Department of Motor Vehicles in any state in which the equipment will be sold or used.

    I hope this information is helpful. For your further information, I am enclosing a fact sheet we prepared entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment. If you have any questions or need additional information, feel free to contact Nancy Bell of my staff at (202) 366-2992.

    Sincerely,

    John Womack
    Acting Chief Counsel

    Enclosure
    ref:111
    d.2/26/02



    1 The "make inoperative" provision does not apply to equipment attached to or installed on or in a vehicle by the vehicle owner. However, NHTSA urges vehicle owners not to degrade the safety of any system or device on their vehicles.