Interpretation ID: nht93-3.33

DATE: May 5, 1993

FROM: John Womack -- Acting Chief Counsel, U.S. Department of Transportation, NHTSA

TO: Patrick P. Radice -- Director of Operations, Electronics Division, Tridon

TITLE: None

ATTACHMT: Attached to letter dated 4-23-93 EST from Patrick P. Radice to NHTSA (OCC 8578)

TEXT: We have received your undated letter with respect to certification of aftermarket flashers.

You understand that manufacturers of aftermarket turn signal flashers and hazard warning signal flashers must certify that the flashers comply with the applicable requirements of Federal Motor Vehicle Safety Standard No. 108 prior to sale. However, when a vehicle is equipped with a combination turn signal/hazard warning signal flasher, you ask whether the manufacturer of the replacement flasher must certify compliance with requirements for both flashers, or can certify the flasher to "meet either the turn signal flasher or hazard warning signal flasher of FMVSS-108 but not both?"

Paragraph S5.8.1 (formerly S5.7.1) of Standard No. 108 requires that each item of lighting equipment manufactured to replace any item of lighting equipment on any vehicle to which Standard No. 108 applies shall be designed to conform to Standard No. 108. Therefore, a combination turn signal/hazard warning signal flasher that is manufactured to replace a combination turn signal/hazard warning signal flasher must be designed to conform to requirements applicable to both turn signal flashers and hazard warning signal flashers.

Paragraph S5.8.2 permits replacement lighting equipment to be labelled with the symbol DOT, constituting a certification of compliance to applicable Federal motor vehicle safety standards (although the manufacturer may certify by a label or tag affixed to the flasher or the container in which it is shipped). The "applicable Federal motor vehicle safety standards" for a combination turn signal/hazard warning signal flasher are those portions of Standard No. 108 that specify requirements for turn signal flashers and hazard warning signal flashers. The manufacturer's certification must therefore cover both.

I hope this explains the matter for you.