Interpretation ID: nht87-1.9

TYPE: INTERPRETATION-NHTSA

DATE: 01/11/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Donald J. Audia

TITLE: FMVSS INTERPRETATION

TEXT:

Dear Mr. Audia:

This is in reply to your letter of December 12, 1986, to Taylor Vinson of this Office asking about the permissibility of manufacturing an aftermarket center highmounted stop lamp utilizing the colors yellow and orange, in addition to red, to signify "t he varying stages of a stopping car."

Under Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices and Associated Equipment only the color red is permitted for original equipment center highmounted stop lamps, and for those aftermarket lamps manufactured to replace them. The se lamps are generally found on passenger cars manufactured on and after September 1, 1985. Your planned device could not be manufactured and sold for this segment of the aftermarket since it does not conform to Standard No. 108. Further, a dealer, distr ibutor, or motor vehicle repair business could not legally remove an original equipment center highmounted stop lamp and install your device. However, there is no Federal restriction on sale and installation of your device on passenger cars manufactured before September 1, 1985. The device would then be subject to the laws of any State where it would be sold or used. We regret that we are unable to advise you on these laws.

If you have any further questions we would be happy to answer them.

Sincerely,

Erika Z. Jones Chief Counsel

December 12, 1986

Mr. Taylor Vinson Legal Dept. N.H.T.S.A. Department of Transportation 400 Seventh Street, S.W. Washington, D. C. 20590

Dear Mr. Vinson:

My point of reference concerns the "third light" or High-Mounted Stop Lamps. I would like your opinion or your advice with regard to the aforementioned device. Specifically, am I permitted to utilize three different colors, (i.e. yellow, orange, red) to signify, if you will, the varying stages of a stopping car?

I will attempt to infiltrate the "after market" and not try to change or enact any new versions unless my innovation is accepted universally.

I ask that you please respond at your earliest convenience. Your response will enable me to continue my research and development.

Enclosed please find my interpretation of the High-Mounted Stop Lamp. Thank you sincerely for your time and consideration.

Respectfully submitted,

Donald J. Audia