Interpretation ID: nht79-4.46

DATE: 08/21/79

FROM: LEO BACHYNSKY -- R.E. DIETZ COMPANY

TO: CHIEF COUNSEL NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 10/01/79, FROM FRANK BERND -- NHTSA TO LEO BACHYNSKY; OPINION BOOK; STANDARD 108, A17

TEXT: Dear Sir:

Our company is presently developing a new product and is in need of a clarification concerning the legality of the proposed product as it pertains to FMVSS 108.

Briefly, the device is a bi-directional Emergency Vehicle Warning Lamp consisting of two 7-1/2 inch diameter lenses. The lenses contain a 5/8 inch wide band of reflex reflector around their periphery. The two lenses are locked to a mounting flange by a special locking feature and two screws. When mounted, the device will have one lens facing to the front of the vehicle and the other to the rear. The device is to be supplied in a variety of colors, red, yellow, blue, and can be used in either a steady or flashing state.

We manufacture a similar device less the reflex reflector area and previous sales data indicates the majority of the market for this type of device is for tow trucks and utility company vehicles.

We are aware of the fact that Emergency Warning Lamps are not regulated by FMVSS 108 or any other Federal standard, but rather our questions concern the reflex reflector area in the device.

The areas that need clarification with respect to our application are the following:

1. Paragraph S.4.1.3 of FMVSS 108 - "No additional lamp, reflective device or other motor vehicle equipment shall be installed that impairs the effectiveness of the equipment required by this standard."

Does this Paragraph S.4.1.3. restrict the use of the reflex reflector in our proposed device as imparing effectiveness of required equipment?

2. Do Tables 1-4 of FMVSS 108 "Required Equipment for Motor Vehicles" and "Locations of Required Equipment" restrict the use of a red reflex reflector facing the front and yellow reflex reflector facing the rear of the vehicle?

An early reply will be appreciated.

Enclosed is our blueprint of the subject device and an advertising poster showing exact application of the intended device.

Sincerely,

Enclosure (2)