Interpretation ID: nht91-2.42

DATE: March 21, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Chris Lawrence -- Chang & Lawrence

TITLE: None

ATTACHMT: Attached to letter dated 8-17-89 from Stephen P. Wood to Alan S. Eldahr (VSA 108(a)(2)(A)); Also attached to letter dated 1-5-91 from Chris Lawrence to August L. Burgett (OCC 5764)

TEXT:

This is in reply to your letter to Dr. Burgett of this agency. Though dated January 5, 1991, we did not receive it until March 7.

With respect to your wish to produce an electronic sign board for installation in the rear window area, or on the rear, of a passenger car, I enclose a copy of an interpretation of this Office dated August 17, 1989, regarding such a device. Although the interpretation is restricted to an interior-mounted electronic sign board, our conclusion would not be changed were the device to be mounted on the outside of the rear of the vehicle. In that location, and as an item of original equipment, we believe that it would impair the effectiveness of the required rear lighting equipment by its potential to distract following drivers from the signals sent by the rear lamps when they and the sign board are operated simultaneously. Although the considerations for aftermarket devices are expressed differently, as explained in the August 1989 letter, the potential for distraction would appear to create a partial inoperability of the rear lamps within the meaning of the prohibition.