Interpretation ID: nht89-2.40

TYPE: INTERPRETATION-NHTSA

DATE: 07/24/89

FROM: STEPHEN P. WOOD -- NHTSA ACTING CHIEF COUNSEL

TO: GAY M. ARTHUR

TITLE: NONE

ATTACHMT: LETTER DATED 04/20/89 FROM GAY M. ARTHUR TO TAYLOR VINSON; OCC 3447

TEXT: Dear Ms Arthur:

This is in reply to your letter to Taylor Vinson of this Office. You have asked if "detachable, lighted novelty items are legally allowable on passenger cars," specifically "for the exterior roof."

You appear to have in mind an item of aftermarket equipment, that is to say, an item which is not original equipment on a car, but one that the vehicle owner purchases during the course of his ownership. There is no restriction under Federal law as to r oof-mounted novelty items if they are installed by the vehicle owner. If they are installed by a manufacturer, distributor, dealer, or motor vehicle repair business, they are permissible as long as they do not render inoperative, in whole or in part, eq uipment that is installed pursuant to a Federal motor vehicle safety standard. For example, if installation of the novelty light affected the wiring and hence the performance of lighting equipment installed on the vehicle by its manufacturer, that would be a "rendering inoperative" within the meaning of the prohibition.

Use of the novelty light would be determined by the laws of a State in which it is operated. We are unable to advise you on State laws, and suggest that, for further information, you consult the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, VA 22203.

Sincerely,