Interpretation ID: schaub.ztv

Mr. Frank A. Schaub
319 Burton Road
Beacon Falls, CT 06403

Dear Mr. Schaub:

We are replying to your e-mails of February 27 and March 4, 2003, with reference to your citation by local authorities who concluded that the modulating headlamp on your motorcycle was a flashing light and prohibited under the laws of Connecticut. You have asked for our assistance.

We have not reviewed Connecticut Department of Motor Vehicles Regulation Section 14-137-99 which you reference, as we do not provide interpretations of State laws. However, I am enclosing a copy of a letter from this Office, dated June 20, 2000, to Michael L. Wagner which, based on facts you present, is squarely on point with your situation. In brief, we informed Mr. Wagner that, under Federal law, modulating headlamps are not flashing headlamps; modulating headlamps that comply with applicable Federal motor vehicle safety standards adopted by the National Highway Traffic Safety Administration (NHTSA) are permissible for use on motorcycles; and a State (or a political subdivision of a State) is preempted by Federal law from having a local law that has the effect of prohibiting a motorcycle headlamp modulating system meeting Federal specifications. The letter to Mr. Wagner contains appropriate legal citations. This interpretation of June 20, 2000, remains in effect today.

As you requested, I am enclosing a copy of S7.9.4, Motorcycle headlamp modulation system, which is part of 49 CFR 571.108, Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment. I am also enclosing a copy of the section of the Federal statute governing the relationship of the Federal motor vehicle safety standards with State motor vehicle safety standards, 49 U.S.C. 30103(b), Preemption.

If there are any questions, please contact Taylor Vinson, Senior Attorney, NHTSA, at (202)-366-5263.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosures
ref:108
d.3/24/03