Interpretation ID: nht80-3.26

DATE: 07/30/80

FROM: FRANK BERNDT -- CHIEF COUNSEL NHTSA

TO: DIETMAR M. HAENCHEN -- ADMINISTRATOR VEHICLE REGULATIONS VOLKSWAGEN OF AMERICA INC

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 09/15/88 TO M. IWASE FROM ERIKA Z. JONES, REDBOOK A32 STANDARD 108; LETTER DATED 02/22/88 TO ERIKA Z. JONES' FROM M. IWASE RE INSTALLATION OF TAIL AND STOP LAMP ONTO MOVING VEHICLE PART

TEXT: Dear Mr. Haenchen:

This is in reply to your letter of April 2, 1980, asking for information of your interpretation of Section 4.2.1 of Motor Vehicle Safety Standard No. 108.

This section states that lamps "shall be securely mounted on a rigid part of the vehicle ... that is not designed to be removed except for repair." It is your belief that this section would allow a configuration in which back-up lamps and license plate lamps could be mounted on the deck lid.

We concur with this interpretation. The requirement for rigidity is meant to insure that lamps and reflectors do not sway in the wind on hinges or flexible mud flamps when the vehicle is in motion. The passenger cars you propose to manufacture will normally be operated with the deck lid closed and the lamps in full view on a rigid part of the vehicle as the standard requires. However, placement of a stop lamp and taillamp on a deck lid could be viewed as a defect in performance, and hence a safety related defect requiring notification and remedy.

Sincerely