Interpretation ID: 86-6.4

TYPE: INTERPRETATION-NHTSA

DATE: 12/04/86

FROM: AUTHOR UNAVAILABLE; Stephen P. Wood for Erika Z. Jones; NHTSA

TO: Mr. Glenn Groth

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Glenn Groth 3355 Mission Ave. Ste 211 Oceanside, CA 92054

Dear Mr. Groth:

This is in reply to your letter of July 21, 1986, to Dr. Carl Clark of this agency. You have developed a "brake light enhancer," a device which flashes the stop lamps three times before they become steady-burning. The sample you provided us is packaged to describe the device as "the ultimate in rear end collision prevention," and bears a label "This product is for off road use". The device is specifically permitted under Section 25251.5(c) of the California Vehicle Code. Your letter states that several vehicle manufacturers have shown interest in the device, but wish to see "DOT approval." You anticipate that the device might eventually be "a mandatory device like the third brake light now." You have asked Dr. Clark "What are our next steps to getting the approval of the D.O.T. for this device?"

The Department has no authority to approve or disapprove specific designs or items of motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, we establish the Federal motor vehicle safety standards to be met by manufacturers of motor vehicles and motor vehicle equipment. The standards apply from manufacture through first sale of the vehicle; after the first sale, as a general rule, modifications may not be performed to a vehicle that take it out of compliance with a standard. However, this prohibition does not extend to modifications performed by the owner himself. The Act establishes a self-certification scheme under which manufacturers certify that their products conform to all applicable Federal motor vehicle safety standards, without the necessity of prior "approval" by the Department. The Act also requires national uniformity of Federal and state safety standards in that once a Federal standard has been established, a State standard covering the same aspect of performance must be identical to it.

Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment is the Federal standard on motor vehicle lighting. Because the Federal requirement does not allow a stoplamp to flash three times before becoming steady burning, a motor vehicle may not be manufactured with the brake lamp enhancer installed. Further, if a manufacturer, distributor, dealer, or motor vehicle repair business installs a brake light enhancer, that person could be viewed as having rendered the stoplamps partially ineffective, and therefore as having violated the Act. Because the advertised purpose of this device is to prevent rear end collisions for on road vehicles, the label "This product is for off road use" will not serve to protect any person from liability under the Act.

In summary, your device is permissible under the Act only if it is designed to be installed by a vehicle owner, and so advertised. The fact that it may be legal under California law will not protect a driver from citation for operation of the system in any State where it may not be permitted by local law. You have the right to petition the Department for an amendment to Standard No. 108 to permit or require your device, but at present we are satisfied that the new center high mounted stop lamp sufficiently addresses the identical safety need covered by your system. Because the safety standards are performance oriented rather than design oriented, the agency's regulations are not intended to specify devices or systems of a proprietary nature.

I enclose a copy of our petition regulations for your information. If you file a petition with us, it should contain data substantiating the safety need and demonstrated performance of your device, rather than simple allegations that it prevents rear end collisions. We are returning the sample of your device herewith.

Sincerely,

Erika Z. Jones Chief Counsel

July 21, 1986

Dr. Carl C. Clark Inventor Contact Code NRD-12 National Highway Traffic Safety Administration Washington, D.C. 20590

Re: Brake Light Enhancer

Dear Dr. Clark:

Thank you for the time you shared with me on the telephone last Friday, July 18, 1986. I appreciate all the information and help you provided.

At your suggestion, I'm enclosing the following items for your review: (1) A copy o; the patent for the Brake Light Enhancer; (2) A copy of the amendment to the California State Vehicle Code permitting the use of the device on vehicles in California to flash the stop lamps three 3 times before coming on steady; (3) A brochure which briefly describes the product; and (4) A sample of the device for your inspection and testing.

As I mentioned to you over the phone we have several auto manufacturers interested in the device, but before they will commit themselves to using it they would like to see more approvals or endorsements for the product, such as by the D.O.T. We anticipate that if and when the device is approved by the D.O.T., it would initially be offered as an option and later as a mandatory device like the third brake light now.

What are our next steps to getting the approval of the D.O.T. for this device?

Thank you again for all your help. I've enclosed a stamped, self-addressed envelope for your convenience.

Sincerely,

Glenn Groth