Interpretation ID: 3149o
President, VS Technology
3046 E. Dover St.
Mesa, AZ 85213
Dear Mr. Hall:
This is in reply to your recent undated letter to Mr. Vinson of this Office. You have described a safety apparatus and have requested "approval" from the Department. The apparatus is a red light that is worn on the back of a rider on small open vehicles such as motorcycles. The light connects to the stop lamp system on the vehicle and is activated at the same time as the vehicle's stop lamp.
The Department has no authority to "approve" or "disapprove" specific concepts or equipment. However, it can advise whether such is permissible or impermissible under Federal statutes or Departmental regulations. Yours is a unique device, and there are no Federal motor vehicle safety standards that apply to it. Our primary concern is whether its operation would in any way interfere with the effectiveness of the vehicle's stop lamp, such as a power drain that would make that light less bright. Because the apparatus is "apparel not a system part...which is intended for use exclusively to safeguard motor vehicles, drivers, passengers...from risk of accident, injury, or death", it meets the statutory definition of "motor vehicle equipment." This means that the apparatus is subject to Federal notification and remedy provisions in the event a determination is made that it incorporates a defect that relates to motor vehicle safety.
Because the Department has no authority to regulate how a vehicle is used on the public roads, you may wish to investigate whether the apparatus is acceptable under the laws of the individual States. The American Association of Motor Vehicle Administrators may be able to provide you with an answer. Its address is 4600 Wilson Boulevard, Arlington, Va. 22203.
We appreciate your interest in improving safety.
Sincerely,
Erika Z. Jones Chief Counsel
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