Interpretation ID: 18773.ztv

Mr. Paul Grundy
General Manager
Safelite
12027 Hesperia Road
Suite D
Herperia, CA 92345

Dear Mr. Grundy:

This is in reply to your letter of August 31, 1998, asking for our opinion on your planned modification to the center high-mounted stop lamp which is Federally-required equipment on passenger cars, light trucks, and vans.

You write that you are familiar with the requirement that the center high-mounted stop lamp must be steady burning in use, but you believe that you have designed your device to comply with this requirement. You inform us that when the brake is applied, your device "will not diminish the Center High-Mounted Stop Lamp (CHMSL) and pulse off and on, but instead will pulse brighter from the continuous burning nature of the CHMSL, twice a second for approximately six seconds, then return to the solid light output of the CHMSL." In our opinion, a pulse that results in either an on/off operation or that varies or modulates the intensity of the light, results in a lamp that is not steady burning in use within the prohibition imposed by Federal Motor Vehicle Safety Standard No. 108.

You have also informed us that you believe you are "adhering to the spirits of the requirements of Standard 108," referencing a July 1989 letter to Robert Knauff which you interpret as opining "that an enhancement feature combining a pulse lamp with a stop lamp is not forbidden under the standard 'as an after-market device . . . if it does not violate the rendering inoperative provision."

The Knauff letter of July 24, 1989, clearly stated that aftermarket equipment intended to replace original equipment must comply with the requirements for original equipment including the specification that stop lamps be steady burning in use. The statement you quote is correct only insofar as it is restricted to aftermarket center high-mounted stop lamps manufactured for use on vehicles that Federal law never required to have them (e.g., passenger cars manufactured before September 1, 1985, and light trucks and vans manufactured before September 1, 1993).

We also would like to confirm that the opinions in the Knauff letter regarding "rendering inoperative" and the applicability of state laws remain in effect today.

If you have any questions, you may call Taylor Vinson of this Office (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosure
ref:108
d.11/12/98