Interpretation ID: nht78-2.19

DATE: 05/22/78

FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: Volvo of America Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of May 3, 1978 asking whether there is any legal objection to Volvo's installation of red rear fog lamps on passenger cars it sells in the United States.

As you have noted, "the only possible objection" to these lamps is the prohibition of S4.1.3 of Motor Vehicle Safety Standard No. 108 against the installation of lamps that impair the effectiveness of lighting equipment mandated by the standard. We have no basis for disagreeing with your opinion that the red "rear fog lamps do not impair the effectiveness of other lighting equipment." However, the lamps would be subject to the laws of the individual States.

SINCERELY,

Volvo of America Corporation

May 3, 1978

Joseph J. Levin, Jr. Chief Counsel Department of Transportation National Highway Traffic Safety Administration

Dear Mr. Levin:

Re: Request for Interpretation, FMVSS #108

An item which has met with some popularity on the European market is the red rear fog lamp. This is a red lamp controlled by a separate switch on the dashboard and operated at the driver's option. The purpose of this lamp is to provide improved visibility in fog or other adverse weather.

Red rear fog lamps are standard equipment on Volvo 262/264 models for all EEC countries. These lamps are made to comply with EEC directives regarding installation and photometrics. Enclosed for your information are covering installation of lighting (Section 4.11 covers rear fog lamps); and covering photometric requirements of rear fog lamps.

These lamps do not qualify as tail lamps since they are not controlled by the same switch as the headlights. In our opinion, they would not, then, be subject to the maximum tail lamp candlepower restrictions of FMVSS #108, S4.1.1. This section also states that each vehicle be equipped with at least the number of lamps specified in the section.

As we read FMVSS #108, the only possible objection to these lamps might arise from Section 4.1.3 which states that "no additional lamp, reflective device, or other motor vehicle equipment shall be installed that impairs the effectiveness of lighting equipment required by this standard". In our opinion, rear fog lamps do not impair the effectiveness of other lighting equipment. Furthermore, we believe that these lamps will greatly enhance vehicle safety. We feel that the spirit of the law is to improve vehicle visibility which these lamps will in fact do.

Please advise us as to whether you agree with our interpretation.

If I can be of any assistance in this matter, please feel free to call.

VOLVO OF AMERICA CORPORATION Product Planning and Development

William Shapiro, P.E. Manager, Regulatory Affairs

[EEC INFORMATION OMITTED]