Interpretation ID: nht70-2.7

DATE: 05/01/70

FROM: AUTHOR UNAVAILABLE; L. R. Schneider; NHTSA

TO: Pullman Incorporated

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of April 14, in which you question the legality of the State of California's enforcement of a State motor vehicle safety standard which is reportedly not identical to the Federal standard (No. 108) concerning the same aspect of performance. Your question arises from the failure, thus far, of the California Highway Patrol to approve as a clearance lamp a light installed on the rear of a Pullman flat bed trailer that is certified as complying with Federal Standard No. 108; Lamps, Reflective Devices and Associated Equipment.

Once a Federal motor vehicle safety standard has become effective, section 103(d) of the National Traffic and Motor Vehicle Safety Act of 1966 ("the Act") prohibits any State from having

"With respect to any motor vehicle or item of motor vehicle equipment any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard."

While the Act thus limits the nature of the standards which a State may issue, it does not preempt the authority of a State to enforce, by reasonable procedures, standards not prohibited by that section.

It is not clear from your letter and its enclosures whether you are objecting to the State requirement of submitting the lamp in question for approval, or are claiming that the State has unjustifies refused to approve the lamp. If you will clarify this question, we will be pleased to give the matter further consideration.