Interpretation ID: 3316o
Martek Corp.
Box 229
Barrington, RI 02806
Dear Mr. Ackley:
This is in response to your letter of May 26, 1988, in which you asked whether this agency anticipated any legal problems with the design of your proposed safety triangle. You noted in your letter and in an accompanying diagram that the design of your product might differ from the typical design of a warning triangle because you intended to include a company's logo (the letter "T" in a star) within the safety triangle. I apologize for the delay in our response.
Your proposed product would be subject to Safety Standard No. 125, Warning Devices (49 CFR 571.125, Copy enclosed). This standard establishes requirements for devices that are designed to be carried in motor vehicles, and used to warn approaching traffic of the presence of a stopped vehicle. Paragraph S5.2.6 states that
The device shall consist entirely of the triangular portion and attachments necessary for its support and enclosure, without additional visible shapes or attachments. (emphasis added)
The standard's express prohibition against "additional visible shapes or attachments" indicates that your proposal to include a logo in the center of the warning device would violate the safety standard. As a result, you could not legally market this product. The Safety Act provides for a civil penalty of $1,000 for each violation of a safety standard and a maximum penalty of $800,000 for a series of violations. In addition, the Safety Act requires manufacturers to remedy their products if they fail to comply with all applicable safety standards.
I hope this information is helpful.
Sincerely,
Erika Z. Jones Chief Counsel
Enclosure
/ref:125 d:12/8/88