Interpretation ID: 22403.ztv

Mr. Paul Michelotti
PM Technology
2850 Banyan Blvd. Circle NW
Boca Raton, FL 33431

Dear Mr. Michelotti:

This is in reply to your letter of November 27, 2000, with respect to your system that activates hazard warning system lamps. You have asked for an interpretation that the system "does not conflict with existing regulations."

Your system automatically activates "vehicle hazard warning lights under circumstances of heavy braking or sudden stoppage." A substantially similar system was brought to our attention recently in which the hazard warning system lamps would be activated when a vehicle's anti-lock braking system (ABS) was engaged. We replied that this would not be permitted under Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices and Associated equipment. In order that you may understand the reason for our opinion, I enclose copies of our letters of October 7, 1999, to Mark Steele, and of May 9, 2000, to Senator Richard Lugar who expressed an interest in Mr. Steele's invention.

As you might imagine, the agency is frequently presented with new lighting ideas intended to enhance safety. Many of these are not allowable under Standard No. 108 because of deviations from the performance of the lighting equipment mandated by the standard. Virtually all these ideas are submitted without proof of their effectiveness. On December 13, 1996, we published a Federal Register notice that articulated the agency's general policy regarding new signal lighting ideas and how that policy would apply in the case of four specific brake signaling ideas (61 FR 65510). In a subsequent notice, published on November 4, 1998, (63 FR 59482) we expressed our intent to participate in efforts to develop an international consensus of how to handle new signaling ideas. We went on to say that, until a new international consensus emerges, we will follow the policy described in the December 1996 notice. I enclose a copy of both the 1996 and 1998 notices.

Sincerely,

Frank Seales, Jr.
Chief Counsel

Enclosures

ref:108
d.1/05/01