Interpretation ID: nht76-2.40

DATE: 10/22/76

FROM: AUTHOR UNAVAILABLE; C. A. Baker for E. T. Driver; NHTSA

TO: ACUTEK

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of October 13, 1976, to Mr. Lewis C. Owen, Safety Standards Engineer, concerning an interpretation of the words "optically combined" as they apply to your Acutek 301 combination rear lamp.

In the Acutek lamp, the data you submitted indicate that when the taillamp bulb is activated independently from the clearance lamp bulb, and vice versa, there is no appreciable amount of incidental light emitted from the lens of the clearance lamp. The amount of light "spill" appears to be so small that it would not be interpreted (by a driver following the vehicle on which it is installed) as illuminating the lens of the taillamp when operated in the clearance lamp mode, and vice versa.

Accordingly, the Acutek 301 combination rear lamp appears to meet the requirements of Federal Motor Vehicle Safety Standard No. 108, "Lamps, Reflective Devices, and Associated Equipment."

SINCERELY,

Acutek

October 13, 1976

Louis C. Owen

NHTSA

Subject: Acutek 301 light

Since our telephone conversation in which you stated that in the opinion of your office you feel the Acutek 301 tailight and clearance light is optically combined therefore it is not in strict compliance with standards.

I have had time now to consider Acutek's position and feel the design of the lamp does not conflict with S4.4.1 of MVSS 108 which states: "two or more lamp, reflective devices or items of associated equipment may be combined if the requirements for each lamp, reflective device and item of associated equipment are met except that no clearance lamp may be COMBINED OPTICALLY with any tail light or identification lamp.

I think the key words are "COMBINED OPTICALLY". It would seem to me that in order for a lamp to be combined optically you would either have to use the tail light lens or the 2 candlepower filament of the bulb for tail light or both to have a lamp that is optically combined tail and clearance. In reviewing the engineering and the Acutek light I find that we are not using either the tail light filament for the tail light lens to accomplish the clearance function. In fact the clearance function is combined with the side marker lens and uses the side marker bulb to accomplish the clearance function. The lamp will not pass for clearance side marker using only the tail light filament also it will not pass for a tail light using only the side marker bulb. In my opinion the Acutek 301 light does not conflict with S 4.4.1 as the clearance light is not optically combined with the tail light and in fact is completely separated from the tail light by a section of reflex reflector.

It is true there is some very small amount of bleed over light from one section of the lamp to the other. This feature does not in any way decrease the effectiveness of the lamp, but rather is an added safety feature.

For some reason there has been an unusually large amount of controversy concerning this lamp design and feel it is unwarranted. Frankly the controversy has been a deterrent to the sales program and I would like to resolve the question of whether or not the light does in fact comply with MVSS108.

I would like for your office to reexamine the Acutek 301 tail light, keeping in mind that to be optically combined the lamp would use the tail lamp section to accomplish the clearance requirement. Since the lamp does not do this there is not doubt in my mind upon re-evaluation you will agree the lamp does meet requirements and will be in aposition to send me a letter so stating.

At the Chicago Boat Show I had the opportunity to look at the new Truck Lite combination lamp, in my opinion this light does not meet MVSS 108 as they are using the tail light lens to accomplish the clearance function.

Enclosed with this letter is the ETL test reprt which indicates the Acutek 301 rear lamp does comply with all requirements for tail, stop, turn, rear reflex, side marker and reflex, clearance and license illuminator including photometric, lens warpage, color, corrosion, vibration, moisture, dust and bulb socket.

In order to reactivate the sales program, I need a letter form you indicating compliance or what needs to be done to the lamp to bring it into compliance. It is important that this be done as soon as possible for the manufacturers of boat trailers are now placing orders for next years requirements and if there is much more delay on my part then my competitors will have succeded in keeping me out of the market. I do not intend to let this happen.

Upon your re-evaluation of the Acutek 301 lamp I am sure you will agree the clearance lamp is not optically combined with the tail lamp but is combined withthe side marker lens and bulb.

I thank you for your consideration.

Kenneth C. Ploeger President

Report Electrical Testing Laboratories, Inc.

Order No. 97552-L

Date August 30, 1976

REPORT NO. 436523 "*ACUTEK 301 DOT SAE A.I.S.T 76" COMBINATION REAR LAMP (WITH OR WITHOUT LICENSE PLATE ILLUMINATOR) AND COMBINED WITH "ACUTEK 201 DOT SAE APC - 76" LENS - CLEARANCE, SIDE MARKER LAMP AND REFLEX REFLECTOR

RENDERED TO

ACUTEK INC.

INTRODUCTION

This report contains the results of examination and test of the above device to demonstrate compliance with the applicable test requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, effective January 1, 1976 and current indicated SAE Standards as requested by the client. Marks of identification comply with the requirements of CAC, Title 13, California Highway Patrol.

[Report Omitted]