Interpretation ID: 3193o
State-Lite Mfg. Co.
6220-30 Gross Point Rd
Niles, IL 60648
Dear Mr. Darby:
This is a response to your letter asking for an interpretation of Standard 125, Warning Devices (49 CFR /571.125). I apologize for the delay in this response. You were particularly interested in learning how Standard 125 affects the use of warning devices for vehicles that are 80 inches wide, and that travel in interstate commerce.
Before I answer your specific questions, I would like to present some background information about the authority of this agency which may help you better to understand my answers. The National Traffic and Motor Vehicle Safety Act (the Safety Act) gives this agency authority to establish Federal motor vehicle safety standards applicable to new motor vehicles and/or items of motor vehicle equipment. When a standard is established for items of motor vehicle equipment, such as Standard 125 is with respect to warning devices, section 108(a)(1)(A) of the Safety Act specifies that "no person shall manufacture for sale, sell, offer for sale, or introduce or deliver for introduction, or import into the United States" any warning device manufactured after the effective date of Standard 125 that does not comply with Standard 125. Accordingly, Standard 125 regulates the manufacture, distribution, and sale of warning devices.
Note that Standard 125 does not regulate the use of warning devices, because the Safety Act does not give this agency any authority to regulate the operator or operation of any vehicle. The Federal Highway Administration (FHWA) does have authority to regulate some motor vehicle operators and operations. Thus, to the extent that you have any questions about possible Federal regulations regarding the use of warning devices, you should address those questions to the Chief Counsel of the Federal Highway Administration, located in Room 4213, 400 7th Street, Washington DC 20590. I can only answer questions about how Standard 125 affects your company as a manufacturer of warning devices.
Your questions involve the correct interpretation of S5.1.5 of Standard 125, which reads as follows: S5.1.5. Each warning device shall have instructions for its erection and display. (a) The instructions shall be either indelibly printed on the warning device or attached in such a manner that they cannot easily be removed. (b) Instructions for each warning device shall include a recommendation that the driver activate the vehicular hazard warning signal lamps before leaving the vehicle to erect the warning device. (c) Instructions shall include the illustration depicted in Figure 3 indicating recommended positioning.
Figure 3, to which S5.1.5(c) refers, shows a disabled vehicle on the side of the road with the warning device positioned one hundred feet to the rear of the vehicle.
Your first question was why Figure 3 in Standard 125 shows a vehicle with only one warning device behind the disabled vehicle, since the FHWA requires vehicles over 80 inches wide to carry three warning devices. The answer is that Standard 125 applies to warning devices designed to be carried in any motor vehicle, not just those that are over 80 inches wide. Thus, the postioning shown for the warning device in Figure 3 is a recommendation for the proper positioning of a single warning device carried in any vehicle. I note that NHTSA originally proposed to require seven different Figures showing recommended positioning of warning devices for different vehicle types on various highway configurations. In the final rule establishing Standard 125, NHTSA decided that a single figure was sufficient to show the user how to position an erected warning device behind any vehicle type on any highway configuration. See 37 FR 5038, March 9, 1972.
As a part of your first question, you stated that your company includes figures showing how to position three warning devices for a disabled truck on a divided highway and on a non-divided highway in addition to Figure 3. You asked if these additional figures are permitted by Standard 125. The answer to this question is yes. NHTSA has long said that manufacturers are free to provide additional information, provided that the additional information does not obscure or confuse the meaning of the required information, or otherwise defeat its purpose. In this case, we have no reason to believe that vehicle operators would be confused or misled by information about how to position three warning devices if they have them. Therefore, Standard 125 does not prohibit the inclusion of these additional figures in your instructions.
Your second question was whether you are required to attach the instructions to the warning device itself, on warning devices sold for use with vehicles under 80 inches wide. The answer to your question is yes. S5.1.5(a) explicitly states: "The instructions shall be either indelibly printed on the warning device or attached in such a manner that they cannot easily be removed." This requirement applies to all warning devices, not just to those for use by vehicles more than 80 inches wide. Thus, if the instructions were located on the inside cover of the container, as suggested in your letter, the warning device would not comply with Standard 125.
Your third question was whether NHTSA should amend Standard 125 to include additional illustrative figures showing recommended positioning for warning devices used in vehicles over 80 inches wide. We do not believe there is any reason to do so. As noted above, NHTSA proposed adopting seven figures to show appropriate positioning of warning devices, but determined in the final rule that the single figure provided sufficient information to show users how to position the warning device in relation to any disabled vehicle. As also noted above, manufacturers of warning devices are permitted to include additional illustrative figures to show appropriate positioning of warning devices with particular vehicle types on particular highways.
If you have some further questions or need further information on this subject, please contact Joan Tilghman of my staff at our address, or telephone (202) 366-2992.
Sincerely,
Erika Z. Jones Chief Counsel
ref:125 d:ll/7/88