Mr. Xiaoda Xiao
President & CEO
ZX, Invention
135 Belchertown Road
Amherst, MA  01002

Dear Mr. Xiao:

This responds to your letter seeking an evaluation of your product (the Vector Blind Spot Mirror enclosed with your letter), in order to determine whether the mirror, when properly installed, blocks the front windshield or shakes during driving. Because, we do not conduct certification testing or offer product endorsements, we are unable to provide such an evaluation. The following discussion briefly explains how our Federal motor vehicle safety standards (FMVSSs) operate and how they may pertain to your product.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue FMVSSs that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Instead, it is the responsibility of manufacturers to certify that their products conform to all applicable safety standards (see 49 CFR Part 571) before they can be offered for sale. NHTSA enforces compliance with the standards by purchasing and testing vehicles and equipment, and we also investigate safety-related defects.

As you are probably aware, FMVSS No. 111, Rearview Mirrors, sets forth requirements for mirrors on new passenger cars, multipurpose passenger vehicles, trucks, buses, school buses, and motorcycles in order to provide a clear and reasonably unobstructed view to the rear (49 CFR 571.111). New vehicles must be certified as complying with the requirements of FMVSS No. 111, as well as all other applicable standards.

However, the packaging and descriptions of your product suggest that it would not be installed on the vehicle as original equipment, but instead, it would be sold as aftermarket equipment. Accordingly, we believe that your product would be a supplemental mirror that is not covered by FMVSS No. 111, so you would not have any corresponding certification responsibilities under our standards.

With that said, there are certain limitations on aftermarket installation of motor vehicle equipment. For example, a manufacturer, distributor, dealer, or vehicle repair business may not knowingly "make inoperative" any device or element of design installed on or in a motor vehicle in accordance with any FMVSS. 49 U.S.C. § 30122. Although the "make inoperative" provision does not apply to equipment attached to or installed on or in a vehicle by the vehicle owner, NHTSA urges vehicle owners not to degrade the safety of any system or device in their vehicles.

Beyond compliance with relevant federal safety standards, manufacturers of motor vehicle equipment have additional responsibilities, including a requirement to notify purchasers about safety-related defects and to provide a remedy free of charge, even if their equipment is not covered by a safety standard. 49 U.S.C. §§ 30118-30120.

In addition, States have the authority to regulate the use and licensing of vehicles operating within their jurisdictions. Therefore, you may wish to check with the Department of Motor Vehicles in any State in which the equipment will be sold or used regarding any such requirements.

For your further information, I am enclosing a fact sheet we prepared titled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment. I hope you find this information useful. We are also returning to you the sample mirror provided with your letter. If you have further questions, please feel free to contact Eric Stas at this address or by telephone at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosures
ref:111
d.4/14/05