Interpretation ID: nht87-1.78

TYPE: INTERPRETATION-NHTSA

DATE: 05/22/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: P. Soardo -- Istituto Elettrotecnio Nazionale, Galileo Ferraris

TITLE: FMVSS INTERPRETATION

TEXT:

Prof. P. Soardo Istituto Elettrotecnico Nazionale Galileo Ferraris 10155 Torino Italy

This is in reply to your letter of January 16, 1987, to the agency with reference to the "homologation in the U.S.A. of a headlamp -optically combined - capable of performing the function of auxiliary driving lamp or as an alternative to the function of the front fog lamp." You have told us that the device Is intended principally for the aftermarket and will use a two-filament H4 bulb, the main filament providing the "driving beam, " and the secondary filament performing "the ' fog' function." When it is mounted on the vehicle it will "meet the specific aiming requirements contained in the relevant SAE standards, for both light beams. "

As you may know, there are two types of laws in the United States that pertain to motor vehicle lighting equipment, the laws of the United States government. "Federal" law) , and those of the 50 individual States ("Local" law). One of these laws is Feder al Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment.. Standard No. 108 specifies requirements for original equipment, and, as a general rule, only aftermarket equipment that is intended to replace original equipme nt. There are no original equipment requirements in Standard No . 108 for a combination driving-fog lamp such as you discuss, and hence there are no Federal aftermarket requirements for it either. provided that this lamp does not impair the effectiveness of required front lamps, Standard No. 108 allows a vehicle manufacturer to install the driving-fog lamp as original equipment. Because Standard No. 108 does not allow use of the H4 bulb in headlamps for four-wheeled vehicles it could not serve as a head lamp. There are no Federal restrictions preventing the sale of this device in the aftermarket as a supplementary lamp.

However, the lamp would be subject to Local law, and some of the States of one State does not signify approval by another, so there would not be "homologation" permitting sale in all States based upon approval by only one State. Even if a Local law does not require approval of a driving-fog lamp, it may forbid its use . We are unable to advise you on Local laws but you may wish to write the American Association of Motor Vehicle administrators for an opinion. The address of this organization is 1201 Conn ecticut Avenue, N.W. , Washington, D.C. 20036.

Sincerely, Erika Z. Jones Chief Counsel

Strada delle Cacce, 91 10135 Torino - Italy

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA) U.S. Department of Transportation 400 Seventh Street. S.W. WASHINGTON, D.C. 20590 (USA)

Dear Sirs,

a manufacturer or lighting equipment has asked us whether it is possible to obtain homologation in the U.S.A. of a headlamp -optically combined -capable or performing the function of auxiliary driving lamp or as an alternative to the function or the fron t fog lamp.

The device, which is intended mainly for the aftermarket. uses a two-filament bulb, type H4.

The main filament is used to obtain the driving beam. the secondary filament is used to obtain the "fog" function.

The special design characteristics or this light unit allow the headlamp -when mounted on the vehicle - to meet the specific aiming requirements contained in the relevant SAE standards, for both light beams.

We look forward to hearing your comments to the above at your earliest convenience.

Thanking you in advance for your cooperation, we remain.

Yours sincerely. (P. Soardo)