Interpretation ID: 24200.ztv

Trooper Lawrence D. Richardson
Massachusetts State Police
200 Scotland Road
Newbury, MA 01950

Dear Trooper Richardson:

This is in reply to your e-mail earlier this year to the National Highway Traffic Safety Administration Webmaster. You are concerned about several motor vehicle lighting devices that you have seen recently on vehicles in your state. These include "red, green, purple, blue and other colors that are mounted in the front or rear of the vehicle," vehicles with clear taillamp lenses, and vehicles with no rear "reflective red lenses." You asked whether these types of devices are allowable.

We do not understand your reference to your motor vehicle law that "refers to part 571 as far as after market lights are concerned." Whether non-standard lighting equipment is allowable on vehicles in use is at bottom a matter of State law. The legality of modifications by vehicle owners is generally determined by laws of the jurisdiction where a vehicle is registered and/or operated. We believe, therefore, that Massachusetts law contains the answers to your questions.

Under Federal law, much of what you have observed would not be permissible as original vehicle equipment. As you realize, motor vehicles are originally manufactured with lighting equipment that emits red, amber, or white light. No other colors are permitted for original equipment lighting by the Federal motor vehicle safety standard on vehicle lighting (49 CFR 571.108, Lamps, Reflective Devices and Associated Equipment) (except that some States reserve blue for use in emergency lighting). Items of replacement lighting equipment are also required under Federal law to emit the same color light as the original equipment they are designed to replace.

Accessory equipment on new vehicles is permissible under Federal law if it does not impair the effectiveness of original equipment required by Standard No. 108. We interpret this as prohibiting lamps of colors different than red, amber, or white, because of the possibility that non-standard colors could cause momentary confusion in other drivers, diverting their attention from lamps that signal driver intention, such as stop lamps and turn signal lamps. This means that we do not allow green, purple, or blue lamps as original equipment on private vehicles. Further, we do not allow red lamps of any sort, or reflectors, to be mounted at a location other than the rear side, or rear, of a vehicle.

Generally, if accessory lighting equipment is not permissible on new vehicles, it will not be permissible as an aftermarket accessory for vehicles in use. The legal consideration in this instance is whether the accessory makes inoperative in any way a lamp installed in accordance with Standard No. 108. Usually, we conclude that, if a device impairs the effectiveness of a required item of lighting equipment, it will also make that equipment inoperative in part. However, our law does not prohibit a vehicle owner personally from making any safety equipment inoperative on his or her vehicle. In that instance, the legality of installation and use is determined under State law.

Some replacement taillamp housings are available with clear lenses, intended to be used in conjunction with a red incandescent light source. We are unaware of any original equipment lamp required to emit the color red that consists of a clear lens and a red bulb and that is certified to comply with standard No. 108. This is not simply a design choice; we know of no red bulb now or ever in production that conforms to Standard No. 108s color specification. The combination of a clear bulb and a red lens, therefore, is the only way to design a lamp that conforms to Standard No. 108s requirement that its light be red. This means that the manufacturer of clear lenses or lamps intended to replace lenses or lamps whose original color was red is in violation of S5.8 of Standard No. 108. Many of these original equipment taillamps also incorporate the red reflex reflector that Standard No. 108 requires to be located on the rear side and rear of vehicles, whereas the replacements with clear lenses do not. This also does not comport with Standard No. 108. A similar situation exists with respect to headlamps that originally incorporated amber side reflex reflectors. If the replacement lamp does not include the reflector, this, too, would not comport with Standard No. 108.

You also mentioned "snake eyes" lights "that are displayed where the window washer fluid should be coming out, in all different colors," including purple, green, and blue. Such an accessory would appear to have an impairing effect upon original lighting equipment if its colors are other than white or amber (on the front), or red (on the rear), or if the light is of such an intensity as to distract another drivers attention from the light emitted by required lighting equipment.

If you have any questions, you may phone Taylor Vinson of this Office (202-366-5263).

Sincerely,

Jacqueline Glassman
Chief Counsel

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