Interpretation ID: nht88-3.70

TYPE: INTERPRETATION-NHTSA

DATE: 10/14/88

FROM: DANIEL F. WIECHMANN

TO: RALPH HITCHCOCK -- NHTSA

TITLE: THE STATE OF IOWA VS. BARRY LYNN SPEICH FRANKLIN COUNTY CRIMINAL NO. WD488435; NO. 24.432.0788 (@ 321.424) OF THE CODE OF IOWA

ATTACHMT: ATTACHED TO LETTER DATED 07/05/89 FROM JEFFREY R. MILLER -- NHTSA TO FRED GRANDY, REDBOOK A33 (3); STANDARD 108; LETTER DATED 05/09/89 FROM FRED GRANDY -- CONGRESS TO JERRY CURRY -- NHTSA; LETTER DATED 05/05/89 FROM DANIEL F. WIECHMANN TO ROBER T A. DETERMAN, RE THE STATE OF IOWA VS. BARRY LYNN SPEICH; LETTER DATED 09/23/88 FROM DANIEL F. WIECHMANN TO RUTH SKLUZACEEK, RE THE STATE OF IOWA VS. BARRY LYNN SPEICH, FRANKLIN COUNTY CRIMINAL NO. WD488435; NO 24.432.0788 [321.424] OF THE CODE OF IOWA; LETTER DATED 10/10/88 FROM JODY JOHNSON -- IOWA DOT TO DANIEL F. WIECHMANN, REF NO 911.2

TEXT: Dear Mr. Hitchcock:

Please be advised I represent the above named Defendant, who was charged with the violation of Section 321.424 of the Code of Iowa, which is Sale of Lights-Approval, which basically states that no person shall have for sale, sell or offer sale for use upon or as a part of the equipment of a motor vehicle, trailer, or semitrailer, or use upon any such vehicle any headlight, auxilary or fog lamp, rear lamp, signal lamp, or relfector, which reflector is required hereunder, or parts of any of the foregoi ng which tend to change the original design or performance, unless of a type which has been submitted to the director and approved by the director.

The bottom line herein is the above named Defendant had headlight covers such as described in the information I have enclosed, which is pages 210 and 211 from an auto parts catalog.

On September 23, 1988, I wrote to Ruth Skluzaceek, Director of Vehicle Registration Office, Lucas State Office Building, Des Moines, Iowa 50319 to inquire whether or not the headlight covers above described are approved by the State of Iowa, as Sectio n @ 321.428 of The Code of Iowa authorizes the Director to approve or disapprove lighting devices and to issue and enforce rules establishing standards and specifications for the approval of such lighting devices, their installation, adjustment and aimin g. This matter was taken up with the department on October 10, 1988, I received response from the Iowa Department of Transportation, Jody Johnson, Administrative Officer, Vehicle Registration, Motor Vehicle Division, citing Chapter 450 of the Iowa Admin istrative Code, Rule 450.1(321) which states that whenever the Code of Iowa requires the Department to establish standards for motor vehicle equipment or to approve types of motor vehicle equipment, the Department shall consider the item approved or stan dard established if it complies with applicable Federal Motor Vehicle Safety Standards and 49CFR Parts 501-590 (October 1, 1987), stating that the headlight covers in question met Federal Standards then they would qualify under Iowa Law.

Ms. Johnson further went on to suggest that I contact you concerning my question, a copy of Jody Johnson's letter of October 10, 1988, being enclosed for your reference.

Therefore, I am wondering as to whether or not these headlights or covers are approved by the U.S. Department of Transportation, National Highway Traffic Safety Administration Standards, and, if so, would you please be so kind as to set forth the fact these headlight covers are an approved device. If they are not so approved, please kindly so state.

I await your response.

Thank you very much.

Yours very truly,

Enclosures

[AUTO PARTS CATALOG FOR HEADLIGHT COVERS FROM BOWDOIN PRODUCTS INCORPORATED DELETED]