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Federal Law* prevails over all State Law
relating to the same subject! In this case … publicly used Vehicle
Lighting. All States can copy and adopt (and, I believe all
have) FMVSS #108* requirements into their own Codes; however, States
must also adopt similar Enforcement and Non Compliance “Penalties”
requirements at the same time. If not … States risk the violation of
Federal Law … and actually face the elimination of Federal contributions
for their Highway and Street Improvements, etc.
*FMVSS #108 = Federal Motor Vehicle
Safety Standard #108 … see our website www.sierraproductsinc.com/Section108.htm
for details
Private nor Public Associations cannot make up their own versions or
interpretations of Federal Law resulting in making FMVSS #108 Regulations
more stringent or less stringent than derived and interpreted
by NHTSA (National Highway Traffic Safety Administration). Furthermore,
know that Canadian and U.S. Vehicle Lighting Laws are supposed
to be the same – which, I understand, is required by active Treaties
and the most recent “NAFTA” Agreements.
The
determination of what’s Legal and what’s Illegal hinges on NHTSA’s
(or any State’s) “Compliancy Determination”, which is accomplished by
distinctively testing lighting products used by the public to the many
Physical and Photometric requirements mandated by FMVSS #108.
If
just one Non Compliance of the many associated FMVSS #108
regulations is “obvious” and/or uncovered by credible photometric or
physical testing … ”Inconsequential to Public Safety” status must
be granted by NHTSA (or by the State) for “each”
non-compliance in order to avoid Recalls.
Contrary to popular belief … NHTSA administrates only a “Self-Certification
System”, which requires that those using, selling
or distributing Vehicle Lighting Products must be able to prove,
when asked, that the Vehicle Lighting Products they are involved with
are, indeed, “Compliant” to all the many mandated Photometric and
Physical requirements of FMVSS #108.
Therefore, there can be no such thing as … “NHTSA Certified or
Approved” or “DOT Certified or Approved” claims for mandated vehicle
Lamps and Reflectors … as many dishonest Vehicle Lighting
Manufacturers and Importers will try to convince you of. The currently
permitted (not required) D.O.T. Marking only indicates
“Self Certification” and that’s all. Since the allowed D.O.T.
marking doesn’t clearly define exactly what single or multiple
mandated Functions* are being “Self Certified”, the D.O.T. marking
virtually means nothing
and represents another “erroneous and
“dumb” NHTSA FMVSS #108 “enforcement” blunder that needs immediate, common
sense repair.
*That is, Brake, Turn Signals, Tail, Side Marker, etc., etc. functions
Of
course, NHTSA should be requiring … but are not … that every Product
being Sold as “Mandated Lighting” to the American Public should be
adequately marked, so as to at least indicate the Manufacturer’s
(or Importer’s) Name and Location, as well as being adequately
marked to indicate exactly, which Mandated Function(s)
of FMVSS #108 this particular product has been properly designed and tested
to.
Also, know that NHTSA, as well as any State Compliance Authorities can
ask any “involved” Company or individual … at any time
… for all necessary “Compliancy Proof”, especially when
a “Non-Compliancy is obvious”, or when “just cause” can
be shown. To prove complete Compliancy to FMVSS #108 requires
providing credibly engineered and professionally executed “Photometric”,
“Physical” and “Longevity” set of tests*.
*Covered in detail in FMVSS #108 and our “TLCs” (Technical & Legal
Clarifications)
Since there are many Mandated Tests required … when inquiring about a
specific “suspect lamp”, NHTSA, usually asks for only what they
consider the most important tests, such as the Brake and Turn
Signal, Photometric (“Test Pattern”) Data. Additionally, when there is
any kind of unknown/untested plastics, NHTSA should also be asking for
proof that the suspect Lamps’ Lenses and Support Materials have indeed
passed the very important 3 Year Weather, UV, outdoor Heat, and Water
(Moisture) Exposure Tests … plus all other common sense Tests
that guarantees the Public and all involved in all related industries
against “Rip Offs” and unreasonable and premature failures. NHTSA
also maintains the authority to ask for any of the many other
mandated tests if they suspect this is necessary. Without hesitation,
NHTSA should be demanding to investigate FMVSS #108 Compliancy for all
“obvious poor quality … and obviously failed” Vehicle
Lighting Products that are currently or soon to be on our roads.
Municipalities … that is, City, County, State Police and Fire Departments,
etc. … are allowed to add Emergency Lights, etc. to their Specialty Vehicles
… more or less, at their discretion. However, everyone else … that is …
Vehicle Manufacturers, Parts Distributors … including Repair and
Installation Dealers … that are maintaining, exchanging,
modifying and/or selling “Original” or “Replacement”
Vehicle Lighting of any kind … whether for new,
older, or modified Vehicles … must be prepared to prove
that all the lighting they’re providing to the Public, totally
complies with all the mandated regulations of FMVSS #108.
Also, stating on the product, “Designed to comply with FMVSS #108”, does not
mean that the product does indeed comply with the many facets of FMVSS #108.
In order
to avoid costly and embarrassing “Recalls” for any
“Obvious” and/or “Test Failing” Non Compliances … NHTSA must
determine each Non Compliance to be “Inconsequential to Public Safety”
… using the official Federal Register’s Public Comment Process*.
*More
details on this subject in future writings
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