Interpretation ID: aiam1935
Chief
Field Services
Department of Motor Vehicles
Sate of Vermont
Montpelier
VT 05602;
Dear Mr. Mathews: This is in reply to your letter of April 17, 1975, to this agenc asking questions about paragraph S4.6(b) of Motor Vehicle Safety Standard No. 108, relating to headlamp flashers. Your reference to S4.5.8(b) is out-dated by approximately three years and I am enclosing a copy of Standard No. 108 as it now exists.; You asked the reason for the section in question, which provides tha 'All other lamps shall be steady- burning, except that means may be provided to flash headlamps and side marker lamps for signaling purposes.' You also asked whether all motor vehicles, including motorcycles, are 'authorized' by this section to use flashing headlamps, and finally whether the standard prohibits States from promulgating regulations to control flashing headlamps.; S4.6(b) was not intended as a regulation of this aspect of moto vehicle performance, in the sense that it would preempt all State regulation of the sale or use of headlamp flashers. It is basically merely an exception to the requirement of Standard 108 that all lamps (other than turn signals, hazard warning signals, and school bus warning signals) be steady-burning. The section, in other words, was included to make it clear that automatic headlamp flashers are not prohibited by the Federal standard. With reference to your questions, this is the only way in which they are 'authorized' by Standard 108.; We have concluded, therefore, that State regulation of headlam flashers is not preempted by the Federal standard.; Sincerely, James C. Schultz, Chief Counsel