Interpretation ID: 20585.ztv

Mr. Frank K. Lattimore
P.O. Box 08
Bovard, PA. 15619

Dear Mr. Lattimore:

This is in response to the petition you filed dated August 19, 1999, requesting the agency to allow cell-phone alert lamps to be mounted on the front and rear bumpers of automobiles to alert other drivers that the phone is in use.

You describe the system you wish to use as consisting of lamps not more "than 3 to 4 inches in diameter with a soft, purplish, slow quivering light bulb." Federal law (i.e., Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices and Associated Equipment) permits a lamp emitting a soft, purplish light to be installed on a motor vehicle if it does not impair the effectiveness of lighting equipment that is required by the standard. We see no impairment here; as a matter of fact, many funeral directors use a purple lamp to indicate that a funeral procession is in progress. However, Standard No. 108 also requires that supplementary lamps such as you propose to use be steady burning. If you change the light to steady burning from "quivering," you may use your system without the need for rulemaking on our part. For this reason, we consider your petition to be moot.

We believe that some states may be moving to require purple lamps to be used to identify funeral processions. The Society of Automotive Engineers is currently developing an industry standard for the color and performance of purple funeral lamps. You should check with your local authorities to see whether use of a purple lamp to indicate cell phone use is acceptable under the laws of Pennsylvania.

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

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:108
d.10/22/99