Interpretation ID: 1984-3.47

TYPE: INTERPRETATION-NHTSA

DATE: 12/03/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mr. John J. Futini (Fotini)

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. John J. Futini 1012 Terra Verde Drive Napa, California 94559

Your letter of October 21, 1984, to the Bureau of Motor Safety, Federal Highway Administration, has been forwarded to us for reply.

You have developed a lighting device for mounting on the rear of trucks, "which operates at low speeds, activates and deactivates automatically through the use of electronics, sends a brilliant and instantaneously flashing amber light to the rear for some distance; the result being to ward off or warn fast approaching vehicles... of the presence of a slow moving truck ahead." You have asked for our views regarding the legality of such a device.

We will consider your device as both original and aftermarket equipment. This agency issues and enforces the Federal motor vehicle safety standards. These standards apply to the manufacture of vehicles. Standard No. 108 is the standard applicable to vehicle lighting. Paragraph S4.6 of Standard No. 108 specifies that certain lamps shall flash when activated (e.g., turn signals), that others may be flashed for signaling purposes (e.g., side marker lamps), but, however, that all other lamps shall be steady-burning. We interpret this prohibition to include devices such as yours which are not mandated as original equipment but which might be installed on a vehicle prior to its sale to a customer. Therefore, a vehicle equipped with your device as original equipment or added before sale would appear to fail to comply with paragraph S4.6 of Standard No. 108.

After a truck has been sold, however, the Federal standards no longer determine the legality of the device. If the owner of a vehicle wishes to install a lamp of this nature, he should be aware that its legality is determined by laws of the State in which the vehicle is registered, and where it will be operated. If the vehicle is subject to the operational requirements of the Bureau of Motor Carrier Safety, the regulations of that agency would apply as well.

Sincerely,

Frank Berndt Chief Counsel

21 October 1984

Mr. Ralph Hitchcock Director, Office of Vehicle Safety Standards Federal Highway Administration 400 Seventh Street, S.W. Washington, D.C. 20590

Dear Mr. Hitchcock:

Enclosed you will find a copy of a letter mailed to Mr. Kenneth L. Pierson, Director, Bureau of Motor Carrier Safety. I invite your comments on the subject matter. Any assistance rendered would be greatly appreciated. Sincerely yours, John J. Futini

10/29/84

Mr. Taylor Vincent,

Per our conversation this date, I am transferring the attached letter for you to handle.

Thank you.

August Burgett 21 October 1984 Mr. Kenneth L. Pierson Director, Bureau of Motor Carrier Safety Federal Highway Administration 400 Seventh Street, S.W. Washington, DC 20590 Dear Mr. Pierson: This letter is written to you with the intention principally of getting an official view from federal government, or at the least federal input into a project which I have been working on for some time that has to do with highway trucks and safety. Your name was obtained from the latest US government manual on departments and agencies as was the name of the person which appears below to whom a copy of this letter is being sent. I selected the names after close study and assume that I am addressing the contents here to the right people. If not, would you kindly send it on to the proper agency. Instead of going into an elaborate dissertation regarding description of my project, which possibly at some later date I can send a detailed version, I would like to briefly state that I have developed a safety lighting device for highway trucks that attaches to the rearmost point of these vehicles which operates at low speeds, activates and deactivates automatically through the use of electronics, sends a brilliant and instantaneously flashing amber light to the rear for some distance; the result being to ward off or warn fast approaching vehicles, mainly automobiles, of the presence of a slow moving truck ahead. The idea for this device was born from many years of my driving these same heavy vehicles and witnessing sadly the tragic aftermath of a shattering rear-end collision involving a slow truck and a fast automobile, making me realize the urgent need for something to prevent these usually fatal accidents from happening. It has taken many years to develop this truck safety light, going through the frustrations of lack of technical know-how, the near absence of sophisticated electronics in the beginning, trying to find qualified people to assist, etc. I finally have reached a somewhat successful stage in which I now have a working test model that is presently going through a patentability search to determine its uniqueness. While this search is going on, what I need to know is the federal government's view concerning the legality of the application of this truck safety light and if there are existing federal regulations governing the types of lighting that highway trucks may have at their rearmost point, and whether or not it is possible for my light to become a reality on the road. In conclusion, I wish to emphasize that I am only interested in applying my warning light to highway rigs strictly and as an accessory item. I believe it to be a direly needed truck safety feature whose time has come. Sincerely yours, John J. Fotini copy: Mr. Ralph Hitchcock, Director, Office of Vehicle Safety Standards.