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Interpretation ID: 86-2.14

TYPE: INTERPRETATION-NHTSA

DATE: 04/08/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Geral L. Cox

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Geral L. Cox FLIRRZ 8931 Upper DeArmoun Road Anchorage, Alaska 9951

Dear Mr. Cox:

This responds to your letter seeking this agency's opinion of a reflective device you plan to sell to be installed on semitrailers and other motor vehicles. As explained in your letter, these reflective devices would be installed on the center plug hub of wheels on semitrailers and trailers. You asked me to send you a letter stating either that your devices comply with applicable Federal standards or that you don't need DOT approval to sell these devices. You are correct that you do not need approval from this agency to market your product. I am pleased to have this opportunity to explain our statute and regulations.

The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1391 et seq., hereinafter "the Act") does not permit this agency to assure a manufacturer that its products comply with all applicable requirements or to "approve" a manufacturer's products. Instead, section 114 of the Act (copy enclosed) requires the manufacturer itself to certify that each of its products complies with all applicable safety standards. Because of this statutory requirement, the National highway Traffic Safety Administration (NHTSA) cannot "approve" products or offer assurances of compliance by the product.

With respect to your reflective devices, there is no provision in our standards expressly prohibiting such reflectors. The installation of those reflectors would be subject only to the requirement set forth in section S4.1.3 of Standard No. 108, Lamps Reflective Devices, and Associated Equipment (49 CFR 2571.108). That section provides that no additional reflectors that impair the effectiveness of lighting equipment required by Standard No. 108 shall be installed on motor vehicles. This prohibition applies to parties installing your product on vehicles, and not to you as the manufacturer of the product. This is because the installer is the only party that can ensure that the reflectors are installed so that they do not impair the effectiveness of required lighting equipment. Generally speaking, this requirement of Standard No. 108 applies only to motor vehicles prior to their first purchase in good faith for purposes other than resale, and not to aftermarket accessories added to a vehicle after that purchase. The general rule is that aftermarket accessories may be added to vehicles.

This general rule is, however, limited by the application of the provisions of section 108(a)(2)(A) of the Act. That section specifies: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative...any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard..." NHTSA considers it an element of design on vehicles that they have lighting and other equipment that are required by Standard No. 108 and whose effectiveness is not impaired by additional lights or reflectors. If the installation of your reflectors would impair that effectiveness, a manufacturer, distributor, dealer, or motor vehicle repair business installing such reflectors would be rendering inoperative that design element of the vehicle, and thereby violating section 108(a)(2)(A) of the Act. Section 109 of the Act (15 U.S.C. 1398) specifies a civil penalty of up to $1,000 for each violation of section 108, and each vehicle on which this element of design was rendered inoperative would be considered a separate violation. You should note that the prohibitions of section 108(a)(2)(A) do not apply to a vehicle owner rendering inoperative some element of design on his or her vehicle. Hence, if your aftermarket reflectors are sold to and installed by vehicle owners, those persons would not be subject to the prohibition of section 108 referenced above.

It appears from the materials enclosed with your letter that these reflectors would be installed so that they project outwards several inches beyond the wheel of the vehicles on which they are installed. have enclosed a copy of standard No. 211, Wheel Nuts, Wheel Discs, and Hub Caps, for your information. This standard does not apply to trucks, trailers, or large buses, which are the vehicle types on which you indicated your reflectors would be installed. However, Standard No. 211 prohibits passenger cars and multipurpose passenger vehicles from incorporating winged projections on their wheel nuts, wheel discs, and hub caps. This prohibition is intended to prevent the potential hazard to pedestrians and cyclists from projections extending beyond the wheel of these vehicles. I hope that this potential hazard will not be present on vehicles on which your reflectors are installed.

You should also be aware of the responsibilities imposed by the Act on manufacturers of motor vehicle equipment, such as your reflectors. If either you, as a manufacturer, or this agency determines that your product does not comply with an applicable safety standard or that the products contain a defect related to motor vehicle safety, you as the manufacturer would be required to remedy that noncompliance or defect. Section 154(a)(2)(B) of the Act (15 U.S.C. 1414(a)(2)(B)) specifies that, if an item of motor vehicle equipment fails to comply with an applicable standard or contains a safety-related defect, the manufacturer must notify purchasers of the noncompliance or defect and must either:

1. repair the product so that the noncompliance or defect is removed: or

2. replace the product with an identical or reasonably equivalent product that does not have the noncompliance or defect.

Whichever of these options is chosen, you as the manufacturer must bear the full expense of the remedy and cannot charge the product owner for the remedy if the product was first purchased less than 8 years before the notification campaign.

Sincerely,

Original Signed By

Erika Z. Jones Chief Counsel

Enclosures

Jan. 30, 1986

To the Chief Counsel

Mr. Kennerly Digges National Highway Traffic Safety Administration Washington,D.C.

Mr. Diggs,

Back in December we had a phone conversation about D.O.T. approval on new safety devices to be introduced to the trucking industry. It is my understanding that I don't need to have any D.O.T. approval as long as I fall within all of the guidelines listed in the Federal Motor Carriers Safety Regulations handbook.

I have enclosed a few sketches and a brief explanation as to what my invention and safety device are designed to do. According to my understanding of the rule book, I feel that I fall well within the Federal guidelines. I have read section #393.26(e) lines 1-5 concerning non-required reflectors, which is the only section I could find that would relate to my device, I feel that I fall well within these guidelines.

What I would like to have from the NHTSA is a documented letter stating that they feel that I fall well within the Federal guidelines and/or that I don't need any D.O.T. approval to go ahead on manufacturing and sales of my device. We hope to hear from you soon as we hope to start manufacturing these devices as soon as the first week of March, our future is riding on a letter from you and the Federal Motor Carriers Safety Division, we hope to get a letter from them in the very near future.

I want to thank you for your co-operation and any and all that you could do to help us on to what we hope to be a very prosperous future.

Again thank you,

Sincerely

Geral L. Cox

"FLIKRZ"

A TRUCK/TRAILER WHEEL MOVEMENT INDICATOR

"FLIKRZ" are a safety device for all Semi-Trucks that operate this nations highways. "FLIKRZ" are the idea, design and invention of Gerry Cox, a long time professional Truck-driver in Alaska.

After many years of hands-on operation and observation of heavy-duty Semi-Trucks in Alaska's harsh environment, Gerry noticed a very hazardous, expensive and to common occurrence, locking, skidding trailer tires.

The most common cause of unnoticed wheel skids occurs during the winter months when a trailer is parked after normal, trouble free operation and ice forms between the brake shoe and brake drum setting the brakes in the lock position. A driver will release his brake switch and drive away with what he believes to be free wheeling trailer, when in reality he may be skidding one or more of the trailer wheels behind him without realizing he is in the process of destroying hundreds of dollars worth of tires.

Another common cause of unnoticed tire skidding occurs with over application of the trailer brakes on slippery downhill grades. During slippery conditions, one or more wheels can lock-up without indication causing unnecessary tire wear or even throw the trailer dangerously out of control.

"FLIKRZ" are a simple, install in seconds wheel reflector that allows a driver at all times, at any speed, day or night to know exactly if and when his trailer wheels are moving or not.

"FLIKRZ" are made to fit most 15-24 inch trailer wheel assemblies equipped with the common 1-1/8 inch removable center plug hub. They install in seconds and come in a variety of colors (RED, WHITE, BLUE, ORANGE, YELLOW AND GREEN) FOR EASY IDENTIFICATION OF EACH AXLE ASSEMBLY.

"FLIKRZ" are not only an effective, maintenance reducing device, they are also a public safety aid. If and when a Truck loses all tail and marker lights to the trailer, traffic approaching from the front, rear or sides will see the "FLIKRZ" in motion and be aware of a moving Semi-Truck or one that may be parked on the side of the road for that matter. During the winter months, snow blowing up and covering the tail-lights is a far to common and dangerous problem. If by chance a Semi-Truck and trailer are parked on the edge of the road with no lights and safety flares or safety markers aren't available for the moment, then "FLIKRZ" will allow a driver the time he needs to place the necessary safety devices for warning on coming traffic.

In addition to being a wheel movement indicator, public safety aid or skid detector, "FLIKRZ" also aid a driver in backing his trailer into dark places during night time operations. With the aid of back-up light, the reflector will let him know exactly where his trailer tires are at all time.

I feel so strongly about the safety, maintenance reduction and striking appearance that this simple, inexpensive device has to offer to any independent trucker or an entire fleet for that matter, that I forsee the day that near all Semi-Trailers on this nation's highway will be willingly and satisfactorily equipped with FLIKRZ"....

NOTE

DRIVE WHEEL ADAPTERS AVAILABLE FOR SEMI-TRACTORS, DELIVERY TRUCKS, SCHOOL, MUNICIPAL AND PUBLIC BUS LINES, ETC....