Interpretation ID: 2799o
President, A.A.S.
3364 Catamaran Way
Jacksonville, FL 32217
Dear Mr. Shomlo:
This is in reply to your letter of March 25, 1988, enclosing a "Peace" decal designed to be affixed to the center highmounted stop lamp. The letters and design are in white, printed on transparent plastic, "in an effort to preserve the basic requirements for an effective projected luminous area of the lens and the specified candela." You have asked what "Federal/Legal authorizations we need to obtain, stating that we comply with all the regulations and the requirements regarding this product."
There are no regulations that apply directly to the decal, nor any Federal restrictions on its sale. Thus you cannot state in any sales materials that the product meets Federal requirements, for there are none. If a center highmounted brake lamp would continue to meet all applicable requirements of Motor Vehicle Safety Standard No. l08 after installation of your decal, there are no restrictions on its use.
Although you intend the product to preserve the requirements of Federal Motor Vehicle Safety Standard No. l08, it is not certain that this will occur. The decal has the potential of obscuring light from some of the l3 test points at distances where candela photometrics must be measured and the specified minima met. However, its actual effect can be determined only through laboratory tests on lamps of different sizes and lens and reflector designs. Although you have no liability under Federal law for selling this decal, a violation of the National Traffic and Motor Vehicle Safety Act will result if the decal creates a noncompliance and if it is applied by a manufacturer, distributor, or dealer before the first sale of the vehicle. A violation will also occur if the decal creates a noncompliance and if it is applied after the vehicle's first sale by any of these persons or by a motor vehicle repair business. There is no violation of Federal law if the decal is applied by a person other than those named above, such as the vehicle owner. In the absence of a violation of Federal law there may nonetheless be State statutes restricting the application of the decal under any circumstances. We are unable to advise you on State laws.
I hope that this answers your question.
Sincerely,
Erika Z. Jones Chief Counsel
ref:l08 d:8/l0/88