Interpretation ID: 0394

Samson Helfgott, Esq.
Helfgott & Karas, P.C.
60th Floor
Empire State Building
New York, NY 10118-6098

Re: Your Ref. No.: 12.065

Dear Mr. Helfgott:

We have received your letter to John Womack, the former Acting Chief Counsel of this agency, responding to his letter to you of July 20, 1994. Thank you for enclosing a copy of his letter for ready reference.

Our previous letter to you was without the benefit of the diagram of the Caine system which you have now enclosed. The system is intended to be placed "along the side of trucks and other vehicles." It consists of three red lamps mounted over three amber (yellow) ones, the array installed between the amber front side marker lamp and the red rear side marker lamp. In normal operation the amber lamps are used as "running lights" but will be turned off when the red lamps are illuminated in a steady burning state upon application of the brake pedal. The three amber lamps will flash to indicate that the vehicle is turning. All six lamps will flash when the hazard indicator switch is on. If the turn signal is on and the driver's foot is on the brake pedal, the amber lamps will flash while the red ones illuminate in a steady burning state. At 32 candela, the turn signal lamps will be at a higher intensity than the running lamps which operate at 3 to 5 candela. These are within NHTSA specifications. You ask whether this system will be in violation of Standard No. 108.

This office has corresponded with you on lighting matters on a number of occasions and you are well aware that supplementary lighting equipment is prohibited as original equipment only if

it impairs the effectiveness of lighting equipment that is required by Standard No. 108. This determination is to be made by the manufacturer or dealer who installs the equipment and NHTSA will not question it unless it is clearly erroneous.

Sincerely,

Philip R. Recht Chief Counsel ref:108 d:12/8/94