ID: nht92-1.34

DATE: December 8, 1992

FROM: George D. James, Jr. -- Safety Chairman, Unit 169 WBCCI

TO: Paul Jackson Rice -- Chief Counsel, U.S. Department of Transportation, NHTSA; Attention: Stephen P. Wood -- Assistant Chief Counsel for Rulemaking, U.S. Department of Transportation, NHTSA

TITLE: RE Tekonsha Electronic Brake Control ("Control")

ATTACHMT: Attached to letter dated 5-21-93 from John Womack to George D. James, Jr. (A41; Std. 108)

TEXT: Thank you for your 12/4/92 reply to my 10/24/92 letter objecting to your "approval" of this brake controller. Because your agency does not "approve", "endorse" or offer assurance of compliance of any M.V, equipment, I err in thinking you have "approved" these controllers.

I still believe that using trailer brakes without activating the STOP LIGHTS is an unsafe procedure AND you imply approval.

You state that "at this time we do not have any data indicating a real-world safety problem created by the use of the Tekonsha brake control".

What data do you need to realize that a rear end collision (or a following vehicle choosing to leave the road to avoid one) or chain-reaction collisions caused by a slowing or stopping vehicle WITHOUT STOP LIGHTS BEING ACTIVATED is not a "real world" safety problem?

How many thousands of such accidents have already been recorded? How many violation citations with or without penalties have been made because of inoperating stop lights?

Mr. Wood, I've just talked with the Macon County Sheriff's Department and the State Highway Patrol (North Carolina) and they both confirm that:

1. There'll be a lot more collisions on the highways if vehicles are permitted to run with non-operating stop lights, and

2. Don't get caught here with stop lights not working or you'll for sure be ticketed.

Now by George, you KNOW this is right. YOU DON'T NEED "MORE DATA"! HOW CAN YOU SAY YOUR AGENCY'S GOAL IS MINIMIZING DEATHS AND INJURIES ON THE HIGHWAYS, and still defend your decision re these new brake controllers? HOW CAN YOU SAY YOU NEED MORE DATA INDICATING A POTENTIAL PROBLEM?

ID: 2799o

Mr. Amnon Shomlo
President, A.A.S.
3364 Catamaran Way
Jacksonville, FL 32217

Dear Mr. Shomlo:

This is in reply to your letter of March 25, 1988, enclosing a "Peace" decal designed to be affixed to the center highmounted stop lamp. The letters and design are in white, printed on transparent plastic, "in an effort to preserve the basic requirements for an effective projected luminous area of the lens and the specified candela." You have asked what "Federal/Legal authorizations we need to obtain, stating that we comply with all the regulations and the requirements regarding this product."

There are no regulations that apply directly to the decal, nor any Federal restrictions on its sale. Thus you cannot state in any sales materials that the product meets Federal requirements, for there are none. If a center highmounted brake lamp would continue to meet all applicable requirements of Motor Vehicle Safety Standard No. l08 after installation of your decal, there are no restrictions on its use.

Although you intend the product to preserve the requirements of Federal Motor Vehicle Safety Standard No. l08, it is not certain that this will occur. The decal has the potential of obscuring light from some of the l3 test points at distances where candela photometrics must be measured and the specified minima met. However, its actual effect can be determined only through laboratory tests on lamps of different sizes and lens and reflector designs. Although you have no liability under Federal law for selling this decal, a violation of the National Traffic and Motor Vehicle Safety Act will result if the decal creates a noncompliance and if it is applied by a manufacturer, distributor, or dealer before the first sale of the vehicle. A violation will also occur if the decal creates a noncompliance and if it is applied after the vehicle's first sale by any of these persons or by a motor vehicle repair business. There is no violation of Federal law if the decal is applied by a person other than those named above, such as the vehicle owner. In the absence of a violation of Federal law there may nonetheless be State statutes restricting the application of the decal under any circumstances. We are unable to advise you on State laws.

I hope that this answers your question.

Sincerely,

Erika Z. Jones Chief Counsel

ref:l08 d:8/l0/88

ID: 1985-02.6

TYPE: INTERPRETATION-NHTSA

DATE: 03/28/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Mr. Gordon Bonvallet

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Gordon Bonvallet Manager, Photometric Division ETL Testing Laboratories, Inc P.O. Box 2040 Cortland, NY 13045-2040

Dear Mr. Bonvallet:

This is in reply to your letter of February 13, 1985, to this Office asking whether the agency intended to eliminate the maximum allowable value for parking lamp candlepower in the amendments of November 26, 1984 which established Figure 1b.

Thank you for calling this matter to our attention. The amendment appears to have the effect you ascribe to it, though it was not the agency's intention that it do so. The maximum values of SAE J222 December 1970 are those that should apply, and we shall reinstate them in the near future.

Sincerely,

Original Signed By

Jeffrey R. Miller Chief Counsel

February 13, 1985

Office of Chief Counsel National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington, DC 20590

Gentlemen:

Subject: Interpretation of Rule Making 49CFR Part 571 (Docket No. 83-12: Notice 2)

Figure 1b in the reference Docket shows a minimum allowable candlepower value of 4.0 for a one section "Parking" lamp. No maximum is indicated.

Is the intent to eliminate the allowable maximum candlepower for parking lamps or should the maximum values as listed in SAE J222 Dec. 70, referenced in FMVSS 108, be used? (SAE J222 JAN77 eliminated the maximum values.)

Very truly yours,

Gordon Bonvallet, Manager Photometric Division

GB/mm

ID: 2505y

Mr. Suichi Watanabe
General Manager
Automotive Lighting
Engineering Control Department
Stanley Electric Co., Ltd.
2-9-13, Nakameguro, Meguro-ku
Tokyo 153, Japan

Dear Mr. Watanabe:

This is in reply to your letter of March 19, 1990, asking whether a new combination rear lamp is permitted under Motor Vehicle Safety Standard No. l08.

The lamp consists of three compartments. In its normal operating mode, when the taillamp and/or stop lamp are activated, all three compartments show a red light. Your question arises with respect to three different operating modes. The first occurs when the turn signal is activated; the red light in one of the compartments is replaced by an amber flashing one. The second occurs when the backup lamp is activated; the red light in another of the compartments is replaced by a white steady-burning one. The third occurs when both the backup lamp and turn signal are activated; in this event, the combination lamp would present an amber flashing light, a red steady-burning one, and a white steady-burning one. You have informed us that "the requirement of photometric and lighted area for each lamp function comply to FMVSS No. l08 and related SAE Standards." Further, as for the stop and taillamp functions, they comply with requirements for one and three compartment lamps when operating with one or three compartments (we assume that they would also meet the requirements for two compartment lamps).

The lamp appears to be intended to fulfill the requirements of Standard No. l08 for turn signal, stop, tail, and backup lamps. Thus, your question appears to be whether Standard No. l08 requires separate lamps or compartments dedicated to a specific purpose, or whether your multiple purpose lamp is acceptable.

Standard No. l08 does not prohibit a combination of the functions that any chamber of your lamp provides. When a specific function is activated, the lamp will perform that particular function in a manner that appears to meet the minimum standard established by Standard No. l08. Assuming that the CIE color definitions for white, amber, and red are met by the backup, turn, and stop/tail functions, the lamp appears to be permissible under Standard No. l08.

Sincerely,

Stephen P. Wood Acting Chief Counsel

ref:l08 d: 5/3l/90

ID: 2506y

Mr. Suichi Watanabe
General Manager
Automotive Lighting
Engineering Control Department
Stanley Electric Co., Ltd.
2-9-13, Nakameguro, Meguro-ku
Tokyo 153, Japan

Dear Mr. Watanabe:

This is in reply to your letter of March 19, 1990, asking whether a new combination rear lamp is permitted under Motor Vehicle Safety Standard No. l08.

The lamp consists of three compartments. In its normal operating mode, when the taillamp and/or stop lamp are activated, all three compartments show a red light. Your question arises with respect to three different operating modes. The first occurs when the turn signal is activated; the red light in one of the compartments is replaced by an amber flashing one. The second occurs when the backup lamp is activated; the red light in another of the compartments is replaced by a white steady-burning one. The third occurs when both the backup lamp and turn signal are activated; in this event, the combination lamp would present an amber flashing light, a red steady-burning one, and a white steady-burning one. You have informed us that "the requirement of photometric and lighted area for each lamp function comply to FMVSS No. l08 and related SAE Standards." Further, as for the stop and taillamp functions, they comply with requirements for one and three compartment lamps when operating with one or three compartments (we assume that they would also meet the requirements for two compartment lamps).

The lamp appears to be intended to fulfill the requirements of Standard No. l08 for turn signal, stop, tail, and backup lamps. Thus, your question appears to be whether Standard No. l08 requires separate lamps or compartments dedicated to a specific purpose, or whether your multiple purpose lamp is acceptable.

Standard No. l08 does not prohibit a combination of the functions that any chamber of your lamp provides. When a specific function is activated, the lamp will perform that particular function in a manner that appears to meet the minimum standard established by Standard No. l08. Assuming that the CIE color definitions for white, amber, and red are met by the backup, turn, and stop/tail functions, the lamp appears to be permissible under Standard No. l08.

Sincerely,

Stephen P. Wood Acting Chief Counsel

ref:l08 d: 5/3l/90

ID: 17325.ztv

Mr. F.G.M. Bol
Car Innovations
P.O. Box 143
2665 ZJ Bleiswijk (Holland)
Netherlands

Dear Mr. Bol:

This is in reply to your January 1998 letter to the Department informing us of your V.E.B. System, and stating that "it remains to you the decision to commercialize this product in co-operation with us."

You are interested in marketing this system "with an auto-manufacturer." Therefore, you intend the V.E.B. system to be installed as original equipment on motor vehicles manufactured for sale in the United States. The system may be best described as a center highmounted stop lamp that displays a vehicle's registration number under ordinary circumstances and the word "stolen" when the vehicle is being operated without the owner's authority.

The center highmounted stop lamp must comply with all requirements of United States Federal Motor Vehicle Safety Standard No. 108. One of these requirements is that the lamp comply with the requirements of Figure 10. This Figure prescribes minimum and maximum candela to be measured at 18 individual test points. If any one of these test points is obscured by the vehicle's registration number or the word "stolen," then it is not legal to install the lamp on a motor vehicle. We believe that it might be difficult to design a lamp that both displays the information you anticipate and meets Standard No. 108. I enclose a copy of Figure 10 so that you may determine whether any of the 18 test points may be obscured by the V.E.B. system. A second requirement is that the lens area must be at least 4.5 square inches. Any obstruction would affect this, too.

Standard No. 108 also prohibits the installation of any device that impairs the effectiveness of required lighting equipment such as the center stoplamp. Even if the candela and lens area requirements are met, the clarity and meaning of the stop signal may be undermined by letters or numbers appearing when the lamp is lit that have no relation to the stop lamp function.

The Department has no authority to engage in commercial promotions with manufacturers, and we cannot help you with this product.

Finally, we would like to call your attention to a typographical error on the cover and interior of your sales folder. The verb indicating theft in English is "to steal," not "to steel."

Sincerely,
John Womack
Acting Chief Counsel
Enclosure
ref:108
d:5/6/98

ID: 17464.ztv

Ms Sandra L. Sizemore
Vice President
4 Sands Industries, Inc.
11406 Reading Road
Cincinnati, OH 45241

Dear Ms Sizemore:

This is in reply to your letter of March 18, 1998, regarding a lamp you are considering manufacturing.

We understand from a conversation that Taylor Vinson of this Office had with your husband on April 16, 1998, that the lamp is intended to illuminate in a steady-burning fashion when the brake pedal is applied, and that it will be red in color. The lamp will fit in a spoiler or wing installed on the back of a car. As you note, aftermarket companies have been installing these in spoilers for some time, and we understand from your husband that aftermarket sales are intended both to new car dealers and to parts supplies stores. You believe that "this light may not need to be D.O.T. approved based on the intended application, however our customer requires that the light be D.O.T. approved."

The Department has no authority to "approve" or "disapprove" items of equipment, nor are there any "D.O.T. licensing requirements," the subject of three of your questions. We do advise whether supplementary lighting equipment such as your lamp appears permitted or prohibited by the Federal motor vehicle safety standard on lighting, Standard No. 108 Lamps, Reflective Devices and Associated Equipment.

I enclose a copy of a letter to Timothy McQuiston, dated January 28, 1994, which discusses the relationship to Federal laws of aftermarket spoilers incorporating stop lamps. If you or your husband have any questions, you may call Taylor Vinson (202-366-5263). As he explained, the direct obligations under Federal law fall upon those persons who install the spoiler-lamp, rather than on those who manufacture or sell it. Nevertheless, your company can help the installer fulfill his obligation by ensuring that the lamp in the spoiler complies with Standard No. 108, principally in ensuring that it has a minimum lens area of 4 1/2 square inches and meets the appropriate photometrics.

In addition to the letter to Mr. McQuiston, we are also enclosing a copy of the sections of Standard No. 108 that apply to lamps in spoilers that serve as the required center highmounted stop lamp. These are paragraph S5.1.1.27 and Figure 10.

Sincerely,
John Womack
Acting Chief Counsel
ref:108
d.5/13/98

ID: 77-1.22

TYPE: INTERPRETATION-NHTSA

DATE: 02/11/77

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: British Standards Institution

TITLE: FMVSR INTERPRETATION

TEXT: This responds to the British Standards Institution's December 2, 1976, request to know what constitutes "first purchase of [a new motor vehicle] in good faith for purposes other than resale" as this phrase is used on @ 108(b)(1) of the National Traffic and Motor Vehicle Safety Act (the Act) (15 U.S.C. @ 1397(b)(1) and @ 567.7 of NHTSA regulations (Part 567 -- Certification). You also ask to know the legal basis for any distinction between "original equipment" and "replacement equipment" as those terms are used in regulation of motor vehicles and equipment in the United States.

I can confirm your understanding of @ 567.7 of our regulations, as set forth in the statements which you designate as "(a)" and "(b)". With regard to statement "(b)", @ 108 (a)(2)(A) of the Act prohibits, except in the process of repair, a manufacturer, distributor, dealer, or repair business from knowingly rendering inoperative in whole or part, any device or element of design installed in a motor vehicle incompliance with an applicable standard. Thus a dealer could not make the sunroof alteration if he knew that installation rendered inoperative the minimum roof crush capabilities specified by Standard No. 216, Roof Crush Resistance.

Your statement designated "(c)" is not necessarily correct. The NHTSA's interpretation of the meaning of "first purchase" relies substantially on the modifier "in good faith."

Thus the agency evaluates the circumstances of the purchase with a view to whether or not there is an attempt to circumvent the requirements of law and applicable regulation. For example, when purchasers asked for disconnection of ignition interlock systems by dealers after contracting for the purchase of a vehicle, the agency required that bona fide physical delivery take place without an immediate return of the vehicle to the dealer for disconnection. As a practical matter, the new provision of the Act discussed above (@ 108(a)(1)(A)) prohibits dealer action of this type in the future.

Since the 1974 amendments to the Act, there has been a distinction between "original equipment" and "replacement equipment". I have enclosed a copy of our proposal to implement this distinction for purposes of Federal regulation. I believe your question actually addresses the practices of the American Association of Motor Vehicle Administrators. You may wish to contact one or more of those organizations for an answer to your questions.

ID: 3043yy

Ms. Debby Funk
RR#l, Box 41A
Shirley, IL 61772

Dear Ms. Funk:

This responds to your letter of June 4, l99l, to the Department requesting information regarding regulations on the display of lighted signs in vehicles. If they are not prohibited, you are interested in regulations governing size, placement, color, luminosity, and power source "(i.e. batteries, wire connections to either brake lights or cigarette lighter)."

There are no Federal regulations or restrictions that directly prohibit the use of lighted signs in vehicles. However, there may be State and local laws that do. We are not in a position to advise you as to these laws, but you may write the American Association of Motor Vehicle Administrators for an opinion. The address is 4600 Wilson Boulevard, Arlington, Va. 22203.

If you are contemplating a commercial venture in supplying lighted signs for use in motor vehicles, there are somewhat different considerations. Under the National Traffic and Motor Vehicle Safety Act, once a vehicle has been sold and in use, a manufacturer, distributor, dealer, or motor vehicle repair business may not modify it in any way that would create a noncompliance with any Federal motor vehicle safety standard with which the vehicle originally complied. Thus, installation of a lighted sign by any of the foregoing persons could affect compliance with Standard No. 111, Rearview Mirrors and Standard No. 108, Lamps, Reflective Devices, and Associated Equipment. If the size of the sign interferes with the field of view in the interior mirror, a mirror must be provided on the exterior of the passenger side (most new cars today come equipped with these mirrors). If the sign is wired to the stop lamps, it must not result in a diminution of power that reduces the light from the lamp below the minimum levels specified in the standard. However, if the device is intended for owner installation, the foregoing discussion does not apply, as the Vehicle Safety Act does not prohibit owners from modifying their vehicles in any manner they choose, even if the modification creates a noncompliance.

Our regulations do prohibit combining the center highmounted stop lamp with any other lamp or device such as a lighted display sign. However, there is no Federal prohibition governing manufacture and sale of these devices. If you have further questions, we shall be pleased to respond.

Sincerely,

Paul Jackson Rice Chief Counsel

ref:l08 d:6/25/9l

ID: nht68-3.8

DATE: 01/14/68

FROM: AUTHOR UNAVAILABLE; R. M. O'Mahoney; NHTSA

TO: The Armstrong Rubber Company

TITLE: FMVSS INTERPRETATION

TEXT: Mr. Bridwell has asked that I reply to your letter of December 5, 1967, which asks if the labeling requirements of S4.3 of Standard No. 109, can be complied with by placing some of the information on one sidewall of a tire and other information on the other sidewall.

The Standard requires that all of the labeling information be on both sidewalls and placing some of the necessary information on one sidewall of the tire and some on the other would not satisfy this requirement.

The standard provides that until August 1, 1968, the labeling requirements of S4.3 may be met by affixing to each tire a label or tag that incorporate all specified information not molded into or onto the tire."

THE ARMSTRONG RUBBER COMPANY

December 5, 1967

Mr. L.K. Bridwell Federal Highway Administrator National Highway Safety Bureau

Ref: Labeling of Tires where S.4.3 Requirements Appear on One Side of the Tire Only.

The mechanics of complying with the labeling requirements of S.4.3 MVSS No. 109 can become very cumbersome and expensive.

Here was our thinking over a year ago - we placed all the required information on what would be the white sidewall part of the mold, leaving the black side free to add that which would be required by the U.S. Department of Transportation, in the standards which we now have.

The attached sheet with this explanation will reveal the problem. Label No. 1 is basic. Labels 2 to 11 inclusive would have to be added to the tire. The workmen would first affix the basic label than a label to supply this missing information. As can be seen there are 56 sizes involved and ten other labels which shows a basic of conbinations to be 560.

We request an early reply whether labels are required, when the information already appears on one sidewall, except the basic label. It is also our feeling that labeling is not a serious requirement to meet minimum safety standards.

R.L. Donnelly Corporate Secretary