Interpretation ID: nht87-2.49

TYPE: INTERPRETATION-NHTSA

DATE: 07/13/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. Mark Roberts

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Mark Roberts 40 East Stillforest Houston, Texas 77024

Dear Mr. Roberts:

This is in reply to your letter of June 9, 1987, with respect to an aftermarket motorcycle lamp that you wish to produce. You refer to the lamp as a "motorcycle safety light" that would supplement other motorcycle lighting and "would be a rear facing or all direction light with an amber colored lens that would flash". You have asked if there are any restrictions or guidelines for such a lamp.

Your letter does not indicate the size, flash rate, or intensity of the light, nor whether you intend it to be installed by motorcycle dealers prior to the first sale, or available only for installation on motorcycles already in use. However, I can give you some general guidelines.

Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment contains the requirements that apply to motorcycles and must be met at the time of sale and delivery to their first owners. Generally, except as provided i n the standard (e.g. motorcycle headlamp modulating devices) all lamps must be steady burning in use. Your lamp, however, would flash, and therefore appears precluded as an item of original equipment. Further, vehicle equipment must not impair the effect iveness of lighting equipment required by the standard. Although in the absence of specifications of your lamp we cannot say whether it would impair the effectiveness of required motorcycle lighting equipment, we note that an rearward facing amber flashi ng lamp could create confusion with a rearward facing amber turn signal lamp.

As an aftermarket device intended for vehicles in use, your lamp is subject only to the Federal restriction that its installation by a dealer, distributor, or motor vehicle repair business shall not render inoperative in whole or in part other required l ighting equipment. Should your device place an excessive drain on a motorcycle battery affecting the operability of other lighting equipment it could be viewed as violative of the Federal restriction. However, even if this question is answered in the neg ative, the question of the acceptability of the supplemental lamp is determined by the laws of the state in which the device is sold or used. We are unable to advise you on these laws, and suggest that you write American Association of Motor Vehicle Admi nistrators, 1301 Connecticut Avenue, N.W., Washington, D.C. 20016, for further information.

Sincerely,

Erika Z. Jones Chief Counsel

Dept. of Transportation Erika Jones Chief Council Natl. Highway Traffic Safety Administration Room 5219 400 7th Street SW Washington, D.C. 20590

Dear Ms. Jones,

Our company is interested in producing a motorcycle safety light intended as an after market piece of equipment, and not to replace original equipment. It would be a rear facing or all direction light with an amber colored lens that would flash.

Please tell me of any restrictions and / or guidelines that might affect the design and production of such a light. Is there is a manual of such information, I would greatly appreciate being sent one. Thank you for your attention.

Yours,

Mark Roberts