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So
who enforces FMVSS No. 108?
NHTSA (with regulated parties) and States
(with vehicle operators) that have adopted the standard into its motor
vehicle code.
So
what is the NHTSA’s authority?
Chapter
301 of Title 49, United States Code (USC), commonly referred to as
the Safety Act, authorizes the NHTSA to issue and enforce Federal motor
vehicle safety standards (FMVSS) applicable to the manufacture of motor
vehicles and motor vehicle equipment.
What is "DOT Approved"?
"DOT Approved" is a false
statement. DOT does not
certify or approve the compliance of motor vehicles or items of motor
vehicle equipment. The
Safety Act establishes a self‑certification system (§30115)
in which the manufacturers and/or importers of motor vehicles
and motor vehicle equipment must certify that their products comply with
all applicable FMVSSs in effect on the date of manufacture.
(see interp)
Title 49 USC §30112
prohibits the manufacturing, selling, and importing of noncomplying
motor vehicles and equipment by regulated parties (manufacturers,
importers, distributors, dealers, or motor vehicle repair businesses).
So how does this relate to my automotive business?
Title 49 USC §30122
prohibits a manufacturer, distributor, dealer, or motor vehicle repair
business from "making inoperative" any part of a device or
element of design installed on or in a motor vehicle or motor vehicle
equipment in compliance with an applicable motor vehicle safety standard
prescribed under this chapter. (see
interp)
Can NHTSA enforce these laws against me, the consumer?
No. The
Federal laws apply to the products of regulated parties (manufacturers,
importers, distributors, dealers, or motor vehicle repair
businesses). However, if your state has adopted FMVSS No. 108 into
its state law, then these laws may be
enforceable against vehicle operators by State and Local law
enforcement.
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