Interpretation ID: 1763y
Helfgott & Karas, P.C.
60th Floor
Empire State Building
New York, NY l0ll8-0ll0
Dear Mr. Helfgott:
This is in reply to your letter of January 12, l989, asking whether Federal regulations permit the use of an amber lamp either as original or aftermarket equipment. The lamp would be placed adjacent to the center highmounted stop lamp, but in a separate housing and wholly independent of it. It would be activated when the ignition is turned on, and deactivated whenever the stop lamps are illuminated. The purpose of the amber lamp is to improve conspicuity of the vehicle in order to lessen the braking response time of drivers in vehicles following.
Paragraph S4.1.3 of 49 CFR 571.108 Federal Motor Vehicle Safety Standard No. l08 Lamps, Reflective Devices and Associated Equipment allows a supplementary lighting device such as the amber lamp if it does not impair the effectiveness of lighting equipment required by Standard No. l08. The decision regarding impairment is initially that of the manufacturer of the vehicle on which the supplementary device is installed, and which the manufacturer certifies as complying with all applicable Federal safety standards. In this instance you have indicated that the wiring of the amber lamp is independent of the center lamp, and that the amber lamp is inoperative when the stop lamps are on. While your lamp does not appear to impair the effectiveness of the center lamp, you should consider whether your lamp, since it would be a steady-burning amber lamp, might confuse following drivers unused to seeing a steady burning amber lamp on the rear of a vehicle, or because of its brightness. Should the amber lamp create confusion, it may impair the effectiveness of the other rear lamps required by Standard No. l08, each of which (other than the stop lamps) would when in use operate contemporaneously with it, such as an amber turn signal lamp, or a back up lamp. As part of the vehicle manufacturer's certification to Standard No. l08, it must certify that this situation would not occur, if the lamp is to be permissible as an item of original equipment.
As an aftermarket device, the amber lamp is not regulated by Standard No. l08, but is subject to the general prohibition of l5 U.S.C. 1397(a)(2)(A) against rendering inoperative, in whole or in part, equipment installed in accordance with a safety standard. The same considerations as discussed above should be taken into consideration when making this determination.
In addition, the use of this lamp is subject to local laws. We are not able to advise you as to these laws, and suggest that you consult for an opinion the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, VA 22203.
Sincerely,
Erika Z. Jones Chief Counsel
ref:l08 d:3/30/89