Interpretation ID: nht81-1.29

DATE: 03/05/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Wesbar Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of January 30, 1981. According to your letter, you have been told that Federal motor vehicle safety standards are only "Federal Specifications" and not considered to be "Federal laws". You have heard it said that a "side marker lamp is not an 'illegal lamp'" simply because it does not meet the photometric requirements specified in Table 3, Column 5 of DOT 108 (SAE J592e July 1972). You have asked our opinion on the matter.

We are glad to set the matter straight. The Federal motor vehicle safety standards are regulations issued by the National Highway Traffic Safety Administration, an agency of the Department of Transportation, in implementation of the National Traffic and Motor Vehicle Safety Act of 1966. In that Act, Congress provided this agency with authority to specify requirements to be met by motor vehicles and equipment, and these requirements have the force of Federal law. The Act provides for a civil penalty and injunctive sanctions if the standards and other implementing regulations are not met. It is unimportant what people call the Act and standards, as long as they realize their purpose and the consequences of noncompliance.

Standard No. 108 is unusual in that it only requires that lighting equipment be designed to conform, rather than per se conform. In this sense, the failure of a single side marker lamp to meet the photometric requirements incorporated into Standard No. 108 may not necessarily be considered a noncompliance but a larger number of failing lamps could cause NHTSA to question the adequacy of the lamp's design and conclude that a noncompliance existed meriting notification and remedy.

I hope that this explanation is helpful to you.

SINCERELY,

January 30, 1981

Frank Berndt, Chief Counsel National Highway Traffic Safety Administrator

Dear Mr. Berndt:

We have been told that Department of Transportation standards, and specifically DOT 108, are only "Federal Specifications" and are not now and have never been considered to be federal laws.

We have read comments made to this effect and have heard it said that a side marker lamp is not an "illegal lamp" simply because it does not meet the photometric requirements specified in Table 3, Column 5 of DOT 108 (SAE J592E July 1972).

Would you be kind enough to forward to me NHTSA's opinion on this matter.

Your early response is most urgently requested.

WESBAR CORPORATION

Bernard R. Weber Senior Vice President