Interpretation ID: nht93-1.10

DATE: January 14, 1993

FROM: Bob Dittert -- Trooper, Texas Department of Public Safety, Safety Education Service

TO: Chief Counsel -- NHTSA

COPYEE: Janet Monteros -- Office of the Attorney General, General Litigation Section

TITLE: None

ATTACHMT: Attached to letter dated 5-5-93 from John Womack to Bob Dittert (A41; Std. 205; VSA 103(d))

TEXT: It would be appreciated if your agency would make clear the authority of the CFR's concerning automotive equipment standards for new vehicles and after- market equipment.

1. Are the CFR's law and enforceable only by federal agents?

2. Are the Federal Motor Vehicle Safety Standards law and only enforceable on new manufactured vehicles?

3. Are states allowed to enact legislation that allows less stringent standards than the CFR's?

4. Concerning the installation of non-complying automotive equipment, i.e., sun screening, taillamp 'black out' lenses, neon license plate lamps, etc., is this allowed by the owner but prohibited installation by a commercial entity?

I am of the understanding that the CFR 48, Part 571.105 requires light transmission of 70% minimum (words illegible) is this correct? If this is correct and Texas law, VCS S701(illegible) Art. XII, Sec. 184(C), allows light transmission of only 35% (words illegible) action of Federal law? (Words illegible) Sec. 108 stated that if a Federal standard for any item of automotive equipment exists that standard will take precedence over any state standard and this section also empowers the Department (Texas Department of Public Safety) to control the sale and use of automotive equipment. If the state statutes are in error can that be remedied by the Federal Government? If so, how?

It doesn't seem realistic that every state could have different standards for automotive equipment, either new manufactured vehicles or after-market!

Your answers to these questions are awaited in ernest.