Interpretation ID: nht81-1.26

DATE: 03/05/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Travel Accessories, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

FMVSS INTERPRETATION Mr. Ed Detwiler President Travel Accessories, Inc. P.O. Box 248 Orland, CA 95963

Dear Mr. Detwiler: This is in reply to your letter of February 12, 1981 with reference to the automotive aftermarket cruise control device offered by a competitor of yours which you believe does not comply with paragraph SS.3.1 of Standard No. 101.

That section, in pertinent part and in conjunction with Table 1 requires the illumination of the identification of automotive vehicle speed controls that are hand-operated if located other than on the floor, floor console, steering column or in the windshield header area. You have told us that the installation instructions advise that the control module "be mounted on the automobile's dashboard or console, as well as the steering column, the dashboard listed as being the preferred location."

Standard No. 101 is intended to apply to vehicles as delivered to their purchasers, rather than to individual aftermarket equipment items installed on them. If the device you describe is added after first purchase of the vehicle for purposes other than resale, there is no requirement that the device comply with Standard No. 101. If it is added before such purchase, the dealer selling the vehicle would have the legal responsibility of insuring that the identification of any dashboard mounted control was illuminated. We do not require a separate lamp for each control, and ambient illumination provided by lights for other controls could be sufficient to meet the requirements.

Under the circumstances, the manufacturer or importer of the device you describe would not appear to be in violation of Standard No. 101.

Sincerely,

Frank Berndt Chief Counsel

February 12, 1981

Mr. Frank Berndt U. S. Department of Trasportation 400 Seventh Street S.W. Washington, D.C. 20590

Dear Mr. Berndt:

I would like to notify your agency that at present an automotive aftermarket cruise control device is being marketed in this country which is in direct violation of the Federal Motor Vehicle Safety Standard No. 101, section 5.3.1.

The unit in question is called the Zemco Zt and Zemco Ztll currently marketed by Zemco, Inc. 12907 Alcosta Blvd. , San Ramon, California. These wits feature a control module , which according to the manufacturer' s installation instructions ad advertising materials is designed to be mounted on the automobile's dashboard or console , as well as the steering column, the dashboard listed as being the preferred location. This control module is not illuminated as required under the aforementioned standard.

The result of this violation is obvious. When the module is installed as recommended, it becomes a safety hazard. Travel Accessories, Inc., as a domestic manufacturer of a electronic cruise control which is in full accord of all U. S. Department of Transportation safety standards , objects that this product which is manufactured in Taiwan be allowed to be continued to be sold in this country while in obvious violation of our own government's regulations.

Continued condoning of this violation perpetuates a unfair competitive advantage. Zemco, Inc. currently enjoys a pricing advantage over Travel Accessories and other domestic manufacturers of this product category because of lower costs of materials and labor by not having to meet U.S. standards.

Travel Accessories, Inc. owns two plants in the United States totalling over 150,000 square feet and employing in excess of two hundred and fifty people. We have spent over a three year period of research and development and a great deal of funds bringing to market a quality piece of merchandise which complies with all of our own government regulations at what we believe to be a fair ad equitable price. file are forced to meet stringent government requirements ad standards in those countries we attempt to export to, only to find that a product such as this finds its way into our own domestic channels of distribution unregulated, with a minimal investment.

We request that the department of transportation take immediate action to have existing inventories of this product upgraded to meet all safety standards of the U. S. Department of Trade and further requires all future shipments of product received in this country to meet those stated requirements, as well.

I await your earliest response.

Sincerely,

Ed Detwiler President ED/sv