Interpretation ID: nht87-1.20

TYPE: INTERPRETATION-NHTSA

DATE: 01/15/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Adam A. Jorgensen

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Adam A. Jorgensen Consultant to Advance Products and Training Company 915 Middle River Drive, Suite 415 Ft. Lauderdale, FL 33304

Dear Mr. Jorgensen:

This is in response to your letter of November 4, 1986, to this Office on behalf of your client, Advanced Products and Trading Company.

Your client wishes to develop a device "to be placed in the rear window of a motor vehicle." It consists of four lighted letters, arranged to spell the word "STOP." When the brake pedal is depressed, or the hazard warning signal flashers are on, the lett ers are lit, in sequence rather than simultaneously. This cycle is repeated as long as the brake is activated, or the hazard warning signals are activated. You have asked if the device is legal, and if so, whether there are any limitations on its use of sale as a product for the automotive market.

There are two relevant automotive markets, one for original equipment, and one for aftermarket equipment. Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment specifies requirements for original motor vehicle lighting equipment and equipment manufactured to replace original lighting equipment. Because there is a Federal requirement that a passenger car manufactured on or after September 1, 1985, be equipped with a center highmounted stop lamp, which is genera lly placed in the rear window area, a replacement lamp must meet the original equipment specifications of Standard No. 108. As Standard No. 108 makes no provision for sequential flashing of letters in the third stop lamp, your client's lamp does not conf orm to original equipment specifications , and therefore could not be legally sold as an intended replacement for third stop lamps on vehicles manufactured on or after September 1, 1985. Further, any person other than the vehicle owner who removed an ori ginal equipment lamp and installed your client's device could be in violation of a prohibition of the National Traffic and Motor Vehicle Safety Act against rendering safety equipment inoperative.

We assume that your client intends his device for the aftermarket, for installation on vehicles which were not originally equipped with the third stop lamp. Standard No. 108 does not cover this type of aftermarket equipment, and its legality would be det ermined under the laws of any State in which it would be sold or used.

If you have further questions we would be pleased to consider them.

Sincerely,

Erika Z. Jones Chief Counsel

National Highway Traffic Safety Administration 407 Street S.W. Washington, D.C. 20590

Attn: Office of Chief Counsel

Dear Sir/Madam:

Would you kindly advise me on a traffic-related highway safety question, that is important for one of my clients, Advanced Products and Trading Company.

The client is pursuing as a business venture to develop a special brake-warning signal to be placed in the rear window of a motor vehicle. The special brake warning signal consists of four red lighted letters "S","T","O","P", arranged as the word "STOP". The letters are connected to a small light-flashing control unit that operates such that, when the brake pedal is activated, and/or the warning flashers are on, the lighted letters are turned on one at the time in the following rapid sequence of steps: Step 1, "S"; Step 2,"ST";Step 3 "STO"; and Step 4, "STOP"; after which the sequence is repeated again and again as long as the brake remains activated. The signal is intended to be seen clearly visible from the rear of the vehicle.

My client has a patent application pending on this product and has invested a not insignificant amount of money on this invention.

The question is, is such a sign legal, and if so, are there any special limitations on its use or sale as a pro- duct for the automotive market?

The question may alternatively be asked as follows: If such a signal is prima facie, not legal, are there any conditions that might mitigate its introduction as a new product?

An early response to that inquiry would be very much appreciated.

Yours very truly,

Adam A. Jorgensen Consultant to Advance Products and Trading Company