Interpretation ID: 86-2.32
TYPE: INTERPRETATION-NHTSA
DATE: 04/23/86
FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA
TO: Chih-Lo Hwang
TITLE: FMVSS INTERPRETATION
TEXT:
Chih-Lo Hwang Tetley, Inc. 7 High Street Spring Valley, N.Y. 10977
Dear Chih-lo Hwang:
This is in reply to your letter of March 3, 1986, stating that you are a manufacturer of the "center high-mounted collision avoidance lights", and have heard from AAMVA that there is a law prohibiting any selling of a safety device that has not been "DOT" approved. You have asked for a copy of this law.
We are not familiar with the AAMVA position with regard to center high-mounted stop lamps, but we will provide you with our views. First, the phrase "DOT approved" is frequently and mistakenly used to refer to equipment that must be certified as complying with a Federal motor vehicle safety standard. The Department neither "approves" nor "disapproves" motor vehicles and equipment. However, motor vehicles and certain motor vehicle equipment must be certified by their manufacturers as complying with all applicable Federal motor vehicle safety standards.
With respect to the center high-mounted stop lamp, all passenger cars manufactured on or after September 1, 1985, must be equipped with a center high-mounted stop lamp as original equipment and any center high-mounted stop lamp that is manufactured to replace this original equipment must be certified as complying with Federal requirements. If the replacement lamp is not manufactured to comply and certified as complying. then its sale is a violation of the National Traffic and Motor Vehicle Safety Act. I am enclosing a copy of Federal Motor Vehicle Safety Standard No. 108 which contains the requirements for center high-mounted stop lamps.
On the other hand, if the center high-mounted stop lamp is intended for sale in the aftermarket, to be used on a passenger car manufactured before September 1, 1985, which never had one as original equipment, it does not have to be manufactured to and certified as complying with Federal requirements. Nevertheless we encourage aftermarket manufacturer to voluntarily meet the Federal requirements. The lamp, however, may be subject to "approval" by the laws of the State in which the lamp pill be sold or used.
If you have any further questions, we shall be pleased to answer them.
Sincerely.
Erika Z. Jones Chief Counsel
7 HIGH STREET SPRING VALLEY NEW YORK 10977 TEL.(914)352-6803
March 3 1986
Ms.Erika Z Jones Chief Counselor of National Highway Traffic Safety Administration 400 7 Street S, W. Washington D.C. 20590
Dear Ms Jones:
We are the manufacturer of the center high mounted collision avoidance lights. We have heard from AAMVA there is such law that Prohibited any illegal selling of this safety device item which have not been "DOT" approved, but unfortunately most our buyers do not familiar with this law. We like to prove it to them. Would you kind enough to send us a copy of this law? Your early respond would be deeply appreciated. Thank you.
Very Truly Yours, Tetley Inc.
Chih-Lo Hwang