United States Department of TransportationInterpretation ID: aiam4661
CA 92069;
"Dear Mr. Freeman: This is in reply to your letter to June 22, l989, t the Administrator-Designate, General Curry, in which you 'petition...for permission to produce a color coded (Green-Amber-Red) rear light device for all types of motor vehicles.' You have designed 'a workable auxiliary system that can be adopted to cars and trucks on the road.' We are treating your letter as a request for an interpretation of whether your device would be permissible for sale and use as an item of aftermarket equipment under the regulations and statutes administered by this agency. By aftermarket, we mean sale of the device for installation on cars and trucks in use, as contrasted with sales by dealers for installation on new cars. The principal regulation of this agency pertaining to motor vehicle lighting equipment is Federal Motor Vehicle Safety Standard No. l08. The only requirements it establishes for the aftermarket is for equipment that is intended to replace the original lighting equipment specified by the standard (for example, headlamps and stop lamps). As your device is not a required item of motor vehicle lighting equipment, there is no Federal standard that applies to it. However, the National Traffic and Motor Vehicle Safety Act has a direct relationship to the acceptability of aftermarket equipment. The Act prohibits modifications by persons other than the owner of the vehicle if they render inoperative, in whole or in part, equipment that is installed pursuant to a safety standard. Under Standard No. l08, this equipment includes stop lamps, turn signal lamps, hazard warning signals, turn signals, backup lamps, taillamps, and the license plate lamp. On large trucks, it also includes identification lamps and clearance lamps. If the potential effect of an auxiliary lighting device is to create confusion as to the intended message of any lighting device required by Standard No. l08, we regard the auxiliary light as having rendered the required lamp partially inoperative within the prohibition of the Act. Thus, the question is whether your device has the potential to create confusion so that its installation by a manufacturer, distributor, dealer, or motor vehicle repair business would be a violation of the Act. We do not conclude that the device has this potential. In your device, a steady-burning amber light would signal that the accelerator had been released (and that neither the accelerator nor brake pedal were being applied). Amber is the recognized signal for caution. This signal will extinguish when either the accelerator (green signal) or brake pedal (red signal) is applied. Furthermore, it is steady burning whereas other rear lamps where amber is an optional color (turn signals and hazard warning signals) flash in operation. Therefore, it does not appear that your device would create confusion with required items of lighting equipment. You must also consider whether the device would be acceptable under the laws of any State where it is sold and used. We are unable to advise you on State laws, and recommend that you contact the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203. However, we believe that in several Western States, there has been specific legislation that would permit your device. We appreciate your interest in enhancing vehicle safety through improvement in rear lighting systems. We believe that improvements, such as the center highmounted stop lamp, should be introduced as standardized, mandatory lighting equipment on vehicles, rather than as optional aftermarket devices. Contrary to your understanding, our studies of a system similar to yours showed no discernible improvement in reaction time or accident avoidance over current systems. Sincerely, Stephen P. Wood Acting Chief Counsel";