Interpretation ID: nht92-9.19

DATE: February 7, 1992

FROM: Marc C. Gravino -- Williams & McCarthy

TO: Paul Jackson Rice -- Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 3/5/92 from Paul Jackson Rice to Marc C. Gravino (A39; Std. 108)

TEXT:

I am seeking in your legal opinion as to the interpretation of Standard 108 of the National Highway Traffic Safety Administration Code, found at Title 49, S571.108 of the Code of Federal Regulations. In particular, I would like to obtain your opinion as to the following question: Does NHTSA Standard 108 contain any requirement that the parking lamps, tail lamps, or side marker lamps (otherwise sometimes commonly referred to "marker" lights or "delineation" lights) operate INDEPENDENTLY of the ignition or equivalent switch, so that when they are activated, they will remain activated regardless of whether or not the ignition switch is in the on or off position? If there is such a legal requirement, was it in effect for cars manufactured in 1988 and sold in the U.S.?

I have reviewed Standard 108, Subsection 5.5.3, 5.5.4, 5.5.5, and 5.5.7, a copy of which I have enclosed herewith for your reference.

I was referred to you by Mr. Gene Wright, who I understand is the Chairman of the signaling and marking devices committee of SAE. Thank you for your assistance in providing a legal opinion in this matter. If there is any further information you need from me, or if you would like any clarification, please feel free to write to me or call me at my office at 815/987-8900.

Attachment

Copy of 49 CFR Ch.V (10-1-89 Edition) regarding Section 571.108. (Text omitted)