Interpretation ID: nht89-3.36

TYPE: INTERPRETATION-NHTSA

DATE: NOVEMBER 14, 1989

FROM: TRACEY POWELL -- LEGISLATIVE COORDINATOR, GOVERNMENT RELATIONS, AMERICAN MOTORCYCLIST ASSOCIATION

TO: STEPHEN WOOD, CHIEF COUNSEL -- NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 2/5/90 FROM S. WOOD, NHTSA, TO T. POWELL, AMERICAN MOTORCYCLIST ASSOCIATION; [REDBOOK A35; VSA 103(D); STD. 108]

TEXT: The AMA recently completed a study to see how many states have complied with 49 CFR @ 571.108 permitting modulating headlights for motorcycles. We believe modulating headlights should be allowed in every state to help prevent accidents. I was informed that you might find the results of our study of interest.

Responses to our recent mailing to a representative in each state indicate that 37 states and the District of Columbia allow the use of modulating headlights either by the passage of legislation or by virtue of not being prohibited by law. Iowa, Miss issippi, Oklahoma, Utah and West Virginia remain unclear even after follow up calls. Although the 1985 ruling clearly recognizes the difference between modulating and flashing lights, Florida, Hawaii, Kansas, Kentucky, Maine, Maryland, Massachusetts and Rhode Island continue to prohibit the use of modulating headlights based on the possibility that a motorcycle with a modulating headlamp might be perceived as an emergency vehicle since flashing lights are generally reserved for emergency vehicles.

I have enclosed a response from Maryland indicating their acknowledgment of NHTSA's ruling and intentional disregard for compliance. We would appreciate your assistance in attaining uniform recognition of the legal use of modulating headlights throug hout the United States as approved in 49 CFR @ 571.108.

ENC.