Interpretation ID: nht89-2.26

TYPE: INTERPRETATION-NHTSA

DATE: 07/05/89

FROM: JEFFREY R. MILLER -- NHTSA ACTING ADMINISTRATOR

TO: FRED GRANDY -- HOUSE OF REPRESENTATIVES

TITLE: NONE

ATTACHMT: LETTER DATED 05/09/89 FROM FRED GRANDY -- CONGRESS TO JERRY CURRY -- NHTSA; LETTER DATED 05/05/89 FROM DANIEL F. WIECHMANN TO ROBERT A. DETERMAN, RE THE STATE OF IOWA VS. BARRY LYNN SPEICH; LETTER DATED 09/23/88 FROM DANIEL F. WIECHMANN TO RUTH SKLUZACEEK, RE THE STATE OF IOWA VS. BARRY LYNN SPEICH, FRANKLIN COUNTY CRIMINAL NO. WD488435; NO 24.432.0788 [321.424] OF THE CODE OF IOWA; LETTER DATED 10/10/88 FROM JODY JOHNSON -- IOWA DOT TO DANIEL F. WIECHMANN, REF NO 911.2; LETTER DATED 10/14/88 FROM DANIEL F. WIECHMANN TO RALPH HITCHCOCK -- NHTSA, RE THE STATE OF IOWA VS. BARRY LYNN SPEICH, FRANKLIN COUNTY CRIMINAL NO WD488435; NO. 24.432.0788 [321.424] OF THE CODE OF IOWA

TEXT: Dear Mr. Grandy:

This is in reply to your recent letter to the Administrator Designate, Jerry Curry, on behalf of your constituent Daniel Weichmann, Jr., of Hampton. You enclosed a copy of Mr. Weichmann's letter to this agency with respect to headlamp covers which, regr ettably, we have been remiss in answering. You asked that we review this matter and that you be provided a copy of our response. We are pleased to reply directly to you, with a copy to Mr. Weichmann so that he may be apprised immediately of our views.

Mr. Weichmann was advised by the Iowa Department of Transportation on October 10, 1988, that "The department specifically does not approve head lamp covers", because Iowa has adopted "Federal standards on equipment approval". Consequently, "If the headla mp covers in question meet the Federal Standards they would qualify under Iowa law." Thus, Mr. Weichmann asked us whether headlamp covers are approved by this agency.

Headlamp covers are not permissible as items of original motor vehicle equipment. Paragraph S7.7.5 of Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment, in pertinent part, states that when headlamps are o perated they "shall not have any styling ornament or other feature, such as a translucent cover or grill, in front of the lens." Although Standard No. 108 was only recently amended to state this prohibition expressly (I enclose a copy of the amended stan dard), the prohibition has existed since January 1968 through the incorporation by reference in Standard No. 108 of an SAE headlamp Standard, J580b, which contained the identical language. The safety reason for the prohibition is the reduced effectivene ss of a headlamp beam when it must pass through an extra layer of glazing, particularly if that glazing is tinted, yellowed, or cracked, or if moisture has condensed on the inside of the cover. Thus, headlamp covers are also implicitly prohibited by par agraph S5.1.3 of Standard No. 108 which forbids the installation of optional equipment that impairs the effectiveness of lighting equipment, such as headlamps, that are required by Standard No. 108.

The Iowa DOT's views are consistent with the provisions of the National Traffic and Motor Vehicle Safety Act which permit States to enact State

motor vehicle safety standards applicable to new vehicles provided that they are identical to Federal ones covering the same aspect of performance. Although the Federal standards do not regulate operation of a vehicle after it is sold, and hence cou ld not prohibit a vehicle owner in Iowa from installing headlamp covers and operating his vehicle with them, Iowa's enforcement of a headlamp cover prohibition for vehicles in use would be consistent with its prohibition of them as original vehicle equip ment. However, we cannot interpret Iowa law, and reach no conclusion as to whether its statutes or regulations have that effect.

Should either you or Mr. Weichmann have further questions, we shall be pleased to answer them.

Sincerely,

ENCLOSURE