Interpretation ID: 86-1.30

TYPE: INTERPRETATION-NHTSA

DATE: 02/11/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Dewayne A. Knoshaug, Esq. -- Knoshaug and Poppen Law Firm

TITLE: FMVSS INTERPRETATION

TEXT:

Dewayne A. Knoshaug, Esq. Knoshaug & Poppen Law Firm 118 Central Avenue East Clarion, Iowa 50525

This is in reply to your letter of November 1 1985, to this agency asking about the legality of an "auxiliary rear novelty lamp" which a client of yours anticipates manufacturing and marketing. You stated that the lamp "would light when applying the brakes and optional would be when using turn signals. The light would be amber, red or yellow". You have assured us that the lamp is not intended to be a substitute for or to alter the center high-mounted stop lamp.

It is difficult to provide you with a definitive answer absent a fuller description of this device, its light output, flash rate, and other features. As a general rule, aftermarket lighting equipment not intended as replacement for equipment required by Federal Motor Vehicle Safety Standard No. 108 is not itself covered by Standard No. 108, but is subject only to the laws of a State where it will be used.

However, a manufacturer, distributor, dealer, or motor vehicle repair business may not render inoperative in whole or in part any device or element of design installed in accordance with a Federal motor vehicle safety standard. We would view a conflicting signal from an auxiliary lighting device as one which could render "partially inoperative" a required lighting device. A manufacturer, distributor, dealer, or motor vehicle repair business which installed such a device might be viewed as in violation of 15 U.S.C. 1397(a)(2)(A).

General as my reply is, I hope that it is of some guidance to you.

Sincerely,

Erika Z. Jones

Chief Counsel

November 1, 1985

Office of Vehicle Safety Standards National Highway Traffic Safety Administration Department of Transportation Washington, D.C. 20590

Re : Auxiliary Rear Automobile Lamp

Greetings:

I represent a client who anticipates manufacturing and marketing auxiliary rear novelty lamps for automobiles. The primary reason for this letter is to make inquiry of whether same may violate any federal regulation.

I am knowledgeable of the regulation which requires installation of a single center high mounted stop lamp on passenger cars manufactured on or after September 1, 1985, in addition to the stop lamps otherwise required. Although similar, the stop lamp proposed by my client would in no way be marketed to be a substitute or to alter the required single center high mounted stop lamp.

The lamp to be produced by my client could be similarly used on vehicles manufactured prior to September 1, 1985 and not equipped with the required lamp. In addition, the lamp could be used on vehicles otherwise equipped with the required lamp as an auxiliary lamp.

The lamp proposed by my client would light when applying the brakes and optional would be when using turning signals . The light would be amber, red or yellow.

I request your response advising whether or not there is any federal rule or regulation that would be violated by using such a light on a passenger motor vehicle.

Thank you for your response.

Sincerely,

Dewayne A. Knoshaug DAK:jkj