Interpretation ID: 86-3.1

TYPE: INTERPRETATION-NHTSA

DATE: 05/01/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. William F. Slye

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. William F. Slye 51 Stebbins Ave. Brockton, Mass. 02401

Dear Mr. Slye:

This is in reply to your letter of March 31, 1986, to the Department of Transportation with reference to whether the 1985 Buick Century that you purchased on September 18, 1985, should have been equipped with a center high-mounted stop lamp.

The requirement for the new lamp applies only to passenger cars manufactured on or after September 1, 1985 (regardless of model year designation), and therefore would not apply to a vehicle which was sold after that date but was manufactured earlier. The manufacturer's certification located in the driver door post area of your car will indicate the month and year of its manufacture, which we assume was earlier than September 1985. If our assumption is correct, your dealer was correct in informing you that it need not install the lamp at its expense. However, because of the demonstrable value of the lamp in reducing the frequency and severity of rear end collisions, you may nevertheless wish to have the lamp installed.

Sincerely,

Original Signed By

Erika Z. Jones Chief Counsel

51 Stebbins Avenue Brockton, Mass. 02401 March 31,1986

U.S. Dept. of Transportation Washington, D.C.

Gentlemen:

According to the March/April, 1986 issue of the American Automobile Association magazine, "The U.S. Department Transportation requires the third brakelight on all cars made or sold in the United States after Sept. 1, 1985." This statement appears in an article entitled "Car Light, Car Bright", authored by Leslie Janet Woolf.

I purchased my new 1985 Buick Century on Sept. 18, 1986. It does not have the extra light. The dealership says that the rule applies only to 1986 cars, and that the statement "sold after Sept. 1, 1985 does not apply, or is in error. Based on this interpretation, the agency will not install the light at its expense. If their interpretation is incorrect, I don't feel that I should have to pay for their error.

I would appreciate a ruling on this matter as soon as possible. Thank you.

Very truly yours,

William F. Slye