Interpretation ID: 1984-2.48

TYPE: INTERPRETATION-NHTSA

DATE: 08/07/84

FROM: AUTHOR UNAVAILABLE; David W. Allen; NHTSA

TO: Morton; Lewis; King & Krieg

TITLE: FMVSS INTERPRETATION

TEXT:

Charles B. Lewis Esq. Morton, Lewis King & Krieg P.O. Box 2425 Knoxville, TN 37901

Dear Mr. Lewis:

This is in reply to your letter of June 22, 1984, asking for an interpretation of 49 C.F.R. 571.108 Lamps, Reflective Devices, and Associated Equipment.

Paragraph S4.6 in pertinent part requires that headlamps when activated shall be steady-burning. You present the situation of a Honda motorcycle which has a headlamp that is illuminated when the engine is running "or while the motorcycle is otherwise moving while in gear." Allegedly, the engine stopped running for awhile and during the period of time the clutch was disengaged, there was no headlight and a collision ensued. Your consultant states that "the engine has to be turning for the headlight to burn and such a system does not comply with the 'steady-burning' requirement of the regulation, since the light would not burn without the engine turning."

The Federal requirement, is that when a headlamp is on, it shall provide a steady beam. The Honda lamp meets this requirement. There is no Federal requirement that the headlamp be on when the engine is running or that it remain on when the engine is not running. The agency's Enforcement office informs us that many motorcycles are wired so that the headlamp remains illuminated when the engine is off, but that the Honda design is not unique.

Sincerely,

Frank Berndt Chief Counsel

June 22, 1984

Mr. Frank Burndt Chief Counsel National Highway Traffic Safety Administration 400 Seventh Street, SW Room 5219 Washington, D. C. 20590

Re: Honda Motor Company, Ltd. (Hopper) Model XL125S; CFR Title 49

Dear Mr. Burndt:

We have a seemingly unique and serious problem regarding the interpretation of Title 49, S571.108 relating to the definition of a "steady-burning headlamp." The involved unit is a Honda, 1980, XL125S which has a headlight powered by a coil in the AC generator and which illuminates when the engine is running or when the motorcycle is otherwise moving while in gear. Briefly, the engine allegedly stopped running for a short period of time and during the period of time the clutch was disengaged by the rider there was no headlight and a collision ensued.

A professor from Vanderbilt University has checked the regulations referred to hereinbefore and says that when the engine stops turning the headlight stops burning and that this makes this particular unit and those units of all other manufacturers defective and not in compliance with the federal regulations mentioned hereinabove. The professor says the flaw in design is that the engine has to be turning for the headlight to burn and such a system does not comply with the "steady-burning" requirement of the regulation, since the light would not burn without the engine turning. The witness says the light is "steady burning" when the engine is turning and is in compliance with the regulation during such operation. The witness doing this testing says that many other things are defined, such as "flash" but that "steady-burning" is not defined and that it can only mean the above interpretation.

We have talked to your office on several occasions, the last time being with Mr. Taylor Vinson, and were advised that if we would briefly state the facts you could give us an advisory opinion and perhaps other enlightening comments which would assist us. This is very important to all manufacturers of units of this type, in addition to being directly involved in a lawsuit against Honda at this time. It is the desire of all manufacturers, and in particular my client, Honda, to comply with all regulations; and they believe they are in compliance here, but respectfully request the opinion of your office.

Thank you for your assistance and the assistance of the Department in this matter.

Yours truly,

MORTON, LEWIS, KING & KRIEG

Charles B. Lewis

CBL/bs