Interpretation ID: 2840yy
Kenwo Industries Ltd.
Unit 20, 10/F, Block A,
Hi-Tech Ind. Center,
5 Pak Tin Par Street, Tsuen Wan
Hong Kong
Dear Mr. Lau:
This is in reply to your letter of January 24, 1991, asking the agency for an opinion with respect to an "additional brake lamp" that you manufacture and intend to export to the United States. You ask "if there are any regulations, standards, or approval for this kind of product", and, further, "does this product need to have any certificate or approval before it can be sold or installed?"
Federal Motor Vehicle Safety Standard No. l08, Lamps, Reflective Devices, and Associated Equipment, has required the additional stop lamp on all passenger cars manufactured on and after September 1, l985. The Standard specifies performance and minimum lens area requirements for the lamp, and these requirements must be met by any lamp that is used as original equipment on passenger cars, and by any lamp that is intended to replace a lamp orignally installed on a car manufactured on and after September 1, l985. If the lamp is intended as replacement equipment, its manufacturer must provide certification to the distributor or dealer of the lamp that the lamp meets Standard No. l08. For lighting equipment this certification may be in the form of a DOT symbol on the product, or a written statement on the packaging that the lamp meets all applicable Federal motor vehicle safety standards, or such other written certification as the lamp manufacturer may choose (e.g., an invoice). In addition, the lamp manufacturer must file an Identification Statement with the agency, and a foreign manufacturer must designate an agent in the United States upon which the agency may serve legal process should that be required. However, there is no requirement that a manufacturer obtain approval from the agency before exporting its certified product to the United States and selling it here.
However, Standard No. l08 does not apply to an additional stop lamp that is intended for use in a passenger car manufactured before September 1, l985, and there is no requirement that it be certified as meeting Standard No. l08. Under this circumstance, we advise that the packaging for any such lamp should clearly state that it is not intended to replace an original equipment center lamp so that legal questions regarding its conformity with Federal requirements do not arise. Even though the lamp is not subject to Standard No. l08, its foreign manufacturer must designate an agent in the United States, as mentioned in the previous paragraph.
An additional stop lamp for passenger cars manufactured before September 1, l985, is also subject to the laws of the individual States in which the lamp is sold and used. We are unable to advise you on these laws, and suggest that you write for an opinion to the American Association of MOtor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203, USA.
We enclose a copy of Standard No. l08 and of the SAE standard on supplementary stop lamps that is incorporated by reference. We are also enclosing copies of the Manufacturer Identification and Designation of Agent regulations, and of other materials that our Office of Vehicle Safety Compliance provides in response to inquiries of this nature. Questions on these materials should be addressed to that Office.
Sincerely,
Paul Jackson Rice Chief Counsel
Enclosures
ref:556#551#l08 d:2/22/9l