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Interpretation ID: GFES04-2-000636

    The Honorable John J. Duncan, Jr.
    U.S. House of Representatives
    Washington, DC 20515-4202


    Dear Congressman Duncan:

    Thank you for your letter on behalf of your constituent, Mr. Jon Schaffer.
    Mr. Schaffer is interested in marketing a new product and asks whether the Federal motor vehicle safety standards (FMVSSs) permit flashing stop lamps. As discussed below, the answer is no.

    By way of background, the National Highway Traffic Safety Administration is authorized to issue motor vehicle safety standards that apply to the manufacture and sale of new motors and new motor vehicle equipment, in order to reduce the number of fatalities and injuries that result from motor vehicle crashes.

    The Federal standard applicable to lighting equipment is FMVSS No. 108, Lamps, Reflective Devices and Associated Equipment.The relevant section of that standard reads as follows:

    "S5.5.10 The wiring requirements for lighting equipment in use are:

    (a) Turn signal lamps, hazard warning signal lamps, and school bus warning lamps shall be wired to flash;
    (b) Headlamps and side marker lamps may be wired to flash for signaling purposes;
    (c) A motorcycle headlamp may be wired to allow either its upper beam or its lower beam, but not both, to modulate from a higher intensity to a lower intensity in accordance with section S5.6;
    (d) All other lamps shall be wired to be steady-burning" [emphasis added].

    In short, S5.5.10(d) of FMVSS No. 108 mandates that all lamps be steady burning, unless otherwise permitted. In the present case, stop lamps do not fall under any exception enumerated in S5.5.10 (a) through (c). Accordingly, stop lamps must be steady burning and cannot be flashing.

    We believe that motor vehicle safety is best promoted by standardization of lighting signals. The information currently provided by signal lamps, such as stop lamps, is well understood by the driving public, is instantly recognized and unambiguously informative.

    While we recognize that a new idea for the operation of signal lighting might improve safety, we have taken the position that, given the safety benefits associated with the standardized operation and meaning of required lighting, the burden is on the proponents of a new signaling idea to demonstrate that the use of the new idea would yield a positive safety benefit large enough to more than offset the adverse safety effects of giving up the standardized operation and meaning of signal lights. We have enclosed a copy of a November 4, 1998, Federal Register notice which fully explains our policies concerning evaluating new signal lighting ideas.

    In his letter to your office, Mr. Schaffer mentioned a Tennessee law permitting flashing stop lamps on motorcycles.For your reference, enclosed please find our January 14, 2004, letter to the manager of City of Memphis Motor Vehicle Inspection Bureau, in which we inform him that FMVSS No. 108 does not permit flashing stop lamps on motorcycles.

    With respect to Mr. Schaffers question about Federal preemption of State laws, 49 U.S.C. 30103(b)(1) provides in pertinent part:

    "Preemption. When a motor vehicle safety standard is in effect under this chapter, a State or a political subdivision of a State may prescribe or continue in effect a standard applicable to the same aspect of performance of a motor vehicle or motor vehicle equipment only if the standard is identical to the standard prescribed under this chapter."

    This means that, under 49 U.S.C. 30103(b)(1), a State cannot authorize flashing stop lamps since the applicable Federal motor vehicle safety standard prohibits such lighting devices.

    We further note that installation of a non-steady burning lamp by a manufacturer, dealer, distributor, or motor vehicle repair business after the initial sale is subject to the restrictions of 49 U.S.C. 30122, which prohibits "making inoperative, in whole or in part" any part of a device or element of design installed on or in a motor vehicle in compliance with an applicable motor vehicle safety standard. Depending on the circumstances, installation of a non-steady burning lamp after the initial sale of a vehicle could be viewed as a violation of this "make inoperative" provision.

    I hope you find this information helpful. If you need further assistance, please contact Stephen Wood, Assistant Chief Counsel for Vehicle Safety Standards and Harmonization,at (202) 366-2992.

    Sincerely,

    Jacqueline Glassman
    Chief Counsel

    Enclosures
    ref:108
    d.2/6/04