Interpretation ID: nht72-6.24

DATE: 11/16/72

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: Nippondenso Company, Ltd.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of October 25, 1972, telling us that you have tested turn signal flashers in accordance with Motor Vehicle Safety Standard No. 108a, which you believe is a more severe test than Standard No. 108, and asking our views as to whether you should retest in accordance with Standard No. 108.

The important question is not whether one standard establishes a more severe test than another, but whether a flasher meets all performance requirements applicable to it on the date of its manufacture. The legal obligation of a manufacturer is to insure that it does. The requirements currently applicable to flashers are those of Standard No. 108.

It is true that Standard No. 108a has been "repealed" and No. 108 "reinstated". The reason for this action is a judicial decision that the NHTSA did not provide adequate public notice and opportunity to comment on the flasher requirements in Standard No. 108a. However, the NHTSA has proposed that the flasher performance requirements of Standard No. 108a be re-adopted, and is offering the public an opportunity to comment. I enclose a copy of the notice for your information.