Interpretation ID: 18559.ztv

Mr. Robert M. Currie
Senior Vice President
Fiber Light Solutions, LLC
1408 One Hancock Plaza
Gulfport, MS 39501-1980

Dear Mr. Currie:

This is in reply to your letter of August 12, 1998, to Taylor Vinson of this Office, seeking an opinion of the National Highway Traffic Safety Administration statutes, regulations, and standards, regarding the legality of "FATBOYZ," a product of your company.

You reference a letter from this Office dated January 31, 1997, in which we informed you that we considered an earlier version of this product to be a supplementary side marker lamp, and advised you that the color of the supplementary lamp must not conflict with the color required for original equipment side marker lamps by Federal Motor Vehicle Safety Standard No. 108.

FATBOYZ may be wired to illuminate either red or amber "so as to agree with the vehicle Original Equipment Manufacturer (OEM) side marker lamp color." On trailers whose overall length is 30 feet or more, "the forward half will be amber, and the rear half red." There is a "color cruiser" version which is "not capable of flashing," available in either amber or red, "to be installed matching the OEM color of the vehicle side marker lamps."

As you have described FATBOYZ, the new system appears to be consistent with the advice we have given you previously. It appears permissible as original or aftermarket supplementary lighting equipment under Standard No. 108 and 49 U.S.C. Chapter 301 - Motor Vehicle Safety. As a supplementary side marker lamp, it may flash with the turn signal lamps, but it is not required to. The color must be red for FATBOYZ mounted on the side of the box of pickup trucks, and, on trailers, amber up to the midpoint of the trailer, and red to the rear of the midpoint. This is required regardless of the overall length of the trailer.

If you have further questions, you may call Mr. Vinson (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:108
d.9/22/98