Interpretation ID: 24345.ztv

Mr. Ronald E. Kish
Plastics by Design, Inc.
P.O. Box 220
Marcellus, MI 49067

Dear Mr. Kish:

This is in reply to your recent undated letters to Frank Seales, Jr., and John Womack, with reference to a license plate lamp you intend to market for use on a cargo utility trailer. You enclosed a test report and stated that the test results are "within the SAE Standard J587 and FMVS 108." You asked "may we market this model as compliant with D.O.T. ???"

Under the primary motor vehicle safety statute, 49 U.S.C. Chapter 301, a manufacturer of motor vehicle equipment must certify that its product complies with all applicable Federal motor vehicle safety standards (FMVSS) if there is a FMVSS that applies to its product (49 U.S.C. 30115). Paragraph S5.8, the replacement equipment provisions of FMVSS No. 108, applies to the license plate lamp you intend to manufacture. FMVSS No. 108 allows you, as the manufacturer, to certify compliance by labeling each lamp with a DOT symbol (S5.8.10). Use of this symbol identifies the lamp as compliant with DOT standards applicable to license plate lamps, but if you wish to use further language indicating compliance, we prefer that you say the lamp "complies with FMVSS No. 108" rather than "compliant with D.O.T."

We express no opinion as to whether your lamp design complies with FMVSS No. 108. The test report you sent us relates to the photometric performance of a center highmounted stop lamp with a clear red lens, and you cannot use this as a basis for certifying conformance of a license plate lamp.

Assuming that you have, or will have, a test report indicating that your license plate lamp meets SAE J587, the fact that a prototype lamp meets the tests specified in applicable SAE standards does not necessarily indicate that all production lamps will comply with SAE specifications incorporated by reference in FMVSS No. 108. A manufacturer must exercise "reasonable care" in ensuring that each of its products complies with all applicable FMVSS and in certifying such compliance (49 U.S.C. 30112(b)(2)(A), 30115) in order not to violate the provisions of Chapter 301. Occasional surveillance testing of production items is one means of ensuring continuing compliance of products.

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

Sincerely,
Jacqueline Glassman
Chief Counsel
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d.6/14/02