Interpretation ID: nht93-6.51

DATE: September 29, 1993

FROM: Timothy McQuiston -- Vice-President Sales, California Dream

TO: Taylor Vinson -- Office of Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 1/26/94 from John Womack to Timothy McQuiston (A42; Std. 108)

TEXT:

Our company, California Dream, Inc. provides an auto aftermarket product, a spoiler, to new car dealers. Some of our spoilers are installed at dealer locations and others are installed at port of entry.

Our spoiler incorporates a 15" wide high mount third brakelight that complies with the SAE standards (please see attached). During installation our brakelight wire is connected to the existing 3rd brakelight wire in the rear window. In some cases the original window brakelight is left on and in other cases the fixture remains intact, however the light is not connected and therefore does not light. The choice of connection is made by the dealer.

Recently, we had a request from a New England auto dealer for a statement which they would provide their state inspectors. This statement would verify that our spoiler is in compliance with existing regulations regardless of whether the third brakelight is functional (engaged) or not.

We would greatly appreciate it if you would compose a position statement which we could provide our affected dealers. Roughly, the statement would affirm that when the dealer installs a spoiler containing a high mount third brakelight meeting/exceeding SAE standards, they are, in fact providing an equivalent light source, thereby allowing them (dealers) to remain in compliance with federal regulations.

Thank you for your assistance. I can be reached at 800-788-2484 if you have questions.