Interpretation ID: nht78-2.14

DATE: 08/23/78

FROM: AUTHOR UNAVAILABLE; F. Berndt for J. J. Levin, Jr.; NHTSA

TO: Nippondenso Company, Ltd.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of August 10, 1978, to Mr. Vinson of this office requesting confirmation of interpretations of Paragraph S4.7 of Motor Vehicle Safety Standard No. 108.

This confirms your interpretations.

Paragraph S2, Application states the coverage of the standard: to specified vehicle types "and to lamps, reflective devices, and associated equipment for replacement of like equipment on vehicles to which this standard applies" i.e. those vehicles manufactured on or after January 1, 1972. The equipment items listed in Tables I and III are required motor vehicle lighting equipment, and any item manufactured as a replacement for one of these items that has been original equipment on 1972 or later model vehicles, must meet Standard No. 108's requirements and be so certified.

Paragraph S4.7 allows certification by means of a DOT symbol placed on the item itself. No specific design or size is required. The manufacturer may certify by other means as well, specifically those set forth for all equipment items covered by a standard, in Section 114 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1403): "a label or tag on [the] item or on the outside of a container in which such item is delivered". We would view an indelible stamp on the container as "a label" within the meaning of Section 114 if Nippondenso wished to certify by this means.

I have no other suggestions regarding use of the DOT symbol, except that it should be of a size and in a location sufficient to readily identify the item as meeting Federal requirements, thereby avoiding any possible misunderstanding.

Sincerely,

August 10, 1978

Taylor Vinson Senior Staff Attorney Office of the Chief Counsel Department of Transportation

Dear Mr. Vinson:

This letter is to confirm our telephone conversation of August 8, 1978 in which I requested information pertaining to Federal Motor Vehicle Safety Standard No. 108, Section 4.7.

Question: Is the DOT symbol required on replacement equipment?

Answer: The DOT symbol can be used on either of the following: 1. Stamped on the equipment.

2. Label or tag attached to the equipment stating that the equipment is certified by DOT.

3. Stamped on the container in which the equipment is packaged.

Question: Is there any specific design or size required when using the DOT symbol?

Answer: There is no specific design or size required by DOT.

Question: Please define replacement equipment?

Answer: Replacement equipment is defined as any item of equipment which replaces original equipment that is required to meet compliance specifications set by DOT.

The above information you supplied was transmitted to our head office in Japan. However, they would appreciate the above information in a letter form signed by you. They have also requested any additional information which will be helpful to them in understanding the requirements regarding the DOT symbol.

Thank you for your kind assistance.

Anna Racanelli Assistant General Manager