ID: 1985-04.30

TYPE: INTERPRETATION-NHTSA

DATE: 11/18/85

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Finbarr J. O'Neill

TITLE: FMVSS INTERPRETATION

TEXT:

November 18, 1985 Finbarr J. O'Neill General Counsel Hyundai Motor America P.O. Box 2669 Garden Grove, California 92642-2669 Dear Mr. O'Neill: September 18, 1985, to Mr. Vinson of this office, asking for an interpretation of Motor Vehicle Safety Standard No. 108 with respect to application of the "DOT" symbol to lighting equipment. You first ask for confirmation of your interpretation that Standard No. 108 does not require the DOT symbol on original equipment lenses of lamps other than headlamps. That is correct; the general certification of the vehicle manufacturer that its product complies with all applicable Federal motor vehicle safety standards is inclusive of all original equipment and of all requirements of the specific standards such as the color requirements for lenses imposed by Standard No. 108. You have also asked for confirmation that under Standard No. 108 the marking of replacement lenses with the DOT symbol is optional. That is correct; the other permissible certification options for replacement lenses are those imposed by 15 U.S.C. 1403, certification in the form of a label or tag on the lens itself or the container in which it is shipped. Finally, you have asked whether the National Highway Traffic Safety Administration can comment on whether it intends to propose mandatory marking of lenses in the near future. We have received a petition for rulemaking to amend Standard No. 108 to require items of replacement lighting equipment to be marked with the DOT symbol. However, the agency has not announced a decision on the petition at this time. Sincerely, Original Signed By Erika Z. Jones Chief Counsel

ID: nht88-3.95

TYPE: INTERPRETATION-NHTSA

DATE: 11/03/88 EST

FROM: ERIKA Z. JONES -- CHIEF COUNSEL, NHTSA

TO: AL CUNNINGHAM -- CHIEF ENGINEER, WESBAR CORPORATION

ATTACHMT: 9/14/88 letter from Al Cunningham to Erika Jones (Std. 108; OCC 2564)

TEXT: This is in reply to your letter of September 14, 1988, attaching two lamps, and asking for an interpretation of Motor Vehicle Safety Standard No. 108 with respect to each. Specifically, you wish clarifications of SAE J588e, "the definition . . . 2.2 'Mu ltiple Compartment Lamp' and the term used in 3.1 'Single Compartment Lamp'".

SAE Standard J588e Turn Signal Lamps, incorporated by reference in Standard No. 108, defines a multiple compartment lamp as "a device which gives its indication by two or more separately lighted areas which are joined by one or more common parts such as a housing or lens." The term "single compartment lamp" is not used in section 3.1, though the term "single compartment photometric requirements" is used in referencing the values for one "lighted section" given in Table 1 of J588e. For purposes of this discussion we shall define a "single compartment lamp" as one that gives its indication by one lighted area.

You have described your first lamp as "a housing with back and four sides containing a two filament bulb with a single lens covering face of housing." The lamp photometrically complies to the basic requirements of a Class A tail, stop and turn signal lam p. You have asked if this lamp is a single compartment lamp. The answer is yes; your model 3504 Exp. contains a single light source and has a single lighted area.

Your second lamp is described as "a housing with a back, two sides and one end, containing one #57 bulb and one #1157 (2 filament) bulb. This housing is closed with two red lenses, one on the end and one on the face with an additional clear lens on bott om side. This lamp also complies to all standards of a class A tail, stop and turn lamp plus side marker clearance, license plate illuminator and class a reflex reflector side and rear". You ask if this also is a single compartment lamp. The answer is yes. The term "separately lighted area" in the definition of a multiple compartment lamp is understood to mean an area that is

2

illuminated by a separate light source. In your model 3504 the turn signal light is provided by the #1157 bulb alone, and not in tandem with the #57 bulb.

I hope that this provides the clarification you seek. We are returning your lamps under separate cover.

ID: nht93-3.41

DATE: May 10, 1993

FROM: John Womack -- Acting Chief Counsel, U.S. Department of Transportation, NHTSA

TO: Margret Schmock von Ohr -- Robert Bosch GmbH, BOSCH Reutlingen

TITLE: None

ATTACHMT: Attached to rapifax/fax dated 3-5-93 from Margaret Schmock von Ohr to Tylor Vinson

TEXT: This responds to your FAX of May 3, 1993, to Taylor Vinson of this Office, asking for an interpretation of Motor Vehicle Safety Standard No. 108 as it relates to reflex reflectors.

Under Standard No. 108, the front side marker reflex reflector must be amber in color. You have asked whether it is permissible to have an amber painted reflex reflector lens, and the conditions under which it is permissible to have it painted.

Standard No. 108 incorporates by reference SAE Standard J594f REFLEX REFLECTORS, January 1977. Neither J594f nor the text of Standard No. 108 itself prohibit an amber painted reflex reflector lens. As with any item of motor vehicle equipment subject to Standard No. 108, its manufacturer must ensure that the product as manufactured has been designed to comply with applicable Federal requirements. Thus, the amber painted reflex reflector lens is permissible provided that the front reflex reflector assembly meets all requirements of Standard No. 108 including the referenced SAE J594f.

ID: nht79-2.39

DATE: 06/20/79

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: J. H. Latshaw, Jr., Esq.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of March 13, 1979, to John Womack of this office on behalf of your client Ennova, Inc. Ennova wishes to market a "back rack carrier", and you have asked several questions with respect to its legality under Federal requirements. The photographs which you enclosed show that the carrier structure is attached to both the front and rear bumpers, and that loads may be carried on the top of the vehicle as well as on a shelf directly behind the vehicle's rear bumper.

Your questions and our answers are:

"1. Are equipment carriers which fasten to a privately owned motor vehicle regulated by the National Highway Traffic and Safety Act (hereinafter, the NHTSA) so that state law in this area is pre-empted?

2. Does the NHTSA contain any standards or regulations pertaining to roof racks or equipment carriers? Does the motor vehicle safety act contain any such regulations?"

An equipment carrier that attaches to a motor vehicle is an item of "motor vehicle equipment" as defined by 15 U.S.C. 1391(4), and your client is a "manufacturer" as defined by 15 U.S.C. 1391(5). There are no Federal motor vehicle safety standards that cover this type of motor vehicle equipment, and, therefore, a State is not preempted by 15 U.S.C. 1392(d)) from prescribing its own safety standards for it. If a safety related defect were discovered in the "Back Rack", Ennova would be responsible for notification and remedy of it, as required by 15 U.S.C. 1411 et seq.

"3. Does the NHTSA establish any guidelines for motor vehicle bumpers or fenders which the Back Rack T.M. Carrier appears to violate? Does the fact that the rear platform extends out behind the vehicle place the Rack in contravention of any Federal standards?

The Back Rack is intended to become affixed to the rear bumper in a semi-permanent manner and protrude therefrom. Does this bring the carrier into a regulated area? Is so, what is the citation of the regulations and what must be done to conform the platform to same?

4. Does the height, width or depth of any aspect of the Back Rack T.M. Carrier present a problem?

5. The structural supports of the Back Rack T.M. Carrier obscure the vehicle's lighting in some aspects both front and rear. Does the obstruction violate any provisions of the NHTSA or the Motor Vehicle Safety Act?

8. If the Back Rack T.M. Carrier as it appears in the photographs were installed by a dealer, would it be in contravention of any federal law, standard or regulation exclusive of laws relating to products liability and defective equipment."

Your questions concern our jurisdiction over a vehicle before and after its sale to its first purchaser for purposes other than resale. A dealer has the responsibility to deliver to its owner a new vehicle in full compliance with all applicable Federal motor vehicle safety standards. Paragraph S4.1.3 of Standard No. 108 prohibits the installation of any "additional lamp, reflective device, or other motor vehicle equipment . . . that impairs the effectiveness of lighting equipment required by this standard." Paragraph S4.3.1 requires that "no part of the vehicle shall prevent a parking lamp, taillamp, stop lamp, turn signal lamp, or backup lamp from meeting its photometric output at any applicable group of test points specified in Figures 1 and 3 [Standard No. 108], or prevent any other lamp from meeting the photometric output at any test point specified in any applicable "SAE Standard on Recommended Practice". Therefore, a dealer could not deliver a new car with the Back Rack installed if it impairs the effectiveness of the car's lamps or reflectors or impairs photometric output. After sale, a dealer (or distributor or manufacturer, but not the vehicle owner) has a responsibility under 15 U.S.C. 1397(a)(2)(A) of not "knowingly rendering inoperative in whole or in part, any device or element of design installed on . . . a motor vehicle . . . in compliance with an applicable Federal motor vehicle safety standard . . ." In the context of Standard No. 108 we have equated a rendering inoperative with impaired effectiveness or impaired photometrics so that the same consideration would apply; a dealer could not install the Back Rack on a used vehicle if it affects compliance with Standard No. 108.

The installation of the Back Rack appears to present some compliance problems. Based upon an informal review and the photographs you submitted, the front part of the carrier may reduce headlamp candlepower output below the required minimum at several test points, as for example, at test points HV, H-3R and 3L and H 9R and 9L on the upper beam, and at test points 1 1/2 D-2R, 1/2 D-1 1/2 R on the low beam.

Looking at the turn signals which are required to have an 8.0 square inch minimum projected luminous area, the carrier support design may mask them to the extent that the direction of the turn signal might not be clearly understood. The carrier support location may not allow these lamps to provide an unobstructed effective projected illuminated area of outer lens surface, excluding reflex, of at least 2 square inches, measured at 45 degrees to the longitudinal axis of the vehicle. This requirement must also be met by the taillamps. Further with respect to the taillamps, with the carrier in place, they may not be visible through a horizontal angle from 45 degrees to the left and/or right, as Standard No. 108 requires.

The design location of the carrier supports may reduce the minimum effective projected luminous area of the stop lamps below the 8 square inch minimum of Standard No. 108.

As for backup lamps, the visibility requirements are complex, those of SAE Standard J593c as modified by S4.1.1.22 of Standard No. 108, but in essence the lamps must be "readily visible" to use your phrase.

These interpretations are based upon the photographs you supplied, and are meant to be illustrative as there are many different lighting configurations on vehicles, and we do not know that the Back Rack would affect compliance in all instances.

"7. What are the dimensional requirements of headlight, parking, directional and tail lights? What percentage of these lenses must be totally visible?"

Dimensional requirements of headlights conform to SAE J571d, Dimensional Specifications of Sealed Beam Headlamp Units, June 1966, parking lights, SAE J 222, Parking Lamps (Position Lamps) December 1970, directional lights (turn signals) SAE J588e, Turn Signal Lamps (Rear Position Light), August 1970. Copies of the foregoing SAE Standards are attached. In addition, the minimum and maxima of lens visibility requirements for parking lamps, turn signal lamps and taillamps are set forth in these SAE Standards. The minimum and maximum photometric requirements of headlights are set forth in SAE J 579a, August 1965 and J 579c, December 1974, as well as the design parameters of rectangular headlamps units SAE J 1132, Sealed Beam Headlamp Units for Motor Vehicles (copies also attached).

I hope this answers your questions.

SINCERELY,

March 13, 1979

John Womack, Esquire Office of General Counsel Department of Transportation

Re: The Back Rack T.M. Carrier by Ennova, Inc.

Dear John:

I have taken the liberty of forwarding this letter and the enclosure herewith to you so that you may channel same to the proper individual for inspection. Your involvement in this matter will produce better results than if I sent the material to the Department generally.

Our client, Ennova, Inc., seeks to market and arrange for the distribution of the Back Rack T.M. Carrier to dealers for installation on privately owned motor vehicles. Prior to the production of the carrier, I would like to determine if the Department of Transportation can detect potential regulatory obstacles or other problems with the product. In addition, I would be pleased to entertain any suggestions which the Department may have.

I have enclosed six (6) photographs (two with detailed measurements) plus a letter explaining the Carrier written by the designer. Those materials are for the sole use of the Department of Transportation in its consultations with the above-referenced lawfirm. The information and specifications contained within the enclosures will be divulged to the public only upon the Department's receipt of a carefully constructed, detailed and specific request for same. This request must meet the requirements of the Freedom of Information Act before the Department is obligated to release the requested information.

My questions in reference to the Back Rack T.M. Carrier are as follows: 1. Are equipment carriers which fasten to a privately owned motor vehicle regulated by the National Highway Traffic and Safety Act (hereinafter, the NHTSA) so that state law in this area is pre-empted?

2. Does the NHTSA contain any standards or regulations pertaining to roof racks or equipment carriers? Does the motor vehicle safety act contain any such regulations?

3. Does the NHTSA establish any guidelines for motor vehicle bumpers or fenders which the Back Rack T.M. Carrier appears to violate? Does the fact that the rear platform extends out behind the vehicle place the Rack in contravention of any federal standards?

The Back Rack is intended to become affixed to the rear bumper in a semi-permanent manner and protrude therefrom. Does this bring the carrier into a regulated area? If so, what is the citation of the regulations and what must be done to conform the platform to same?

4. Does the height, width or depth of any aspect of the Back Rack T.M. Carrier present a problem?

5. The structural supports of the Back Rack T.M. Carrier obscure the vehicle's lighting in some aspects both front and rear. Does the obstruction violate any provisions of the NHTSA or the Motor Vehicle Safety Act? In particular, does the Carrier violate in any manner the provisions of Section 103 of the Motor Vehicle Safety Act?

6. What is the minimum amount of ascertainable candle power required to be visible from each vehicular light subsequent to sunset? Must back-up lights be readily visible?

7. What are the dimensional requirements of headlight, parking, directional and tail lights? What percentage of these lenses must be totally visible?

8. If the Back Rack T.M. Carrier as it appears in the photographs were installed by a dealer, would it be in contravention of any federal law, standard or regulation exclusive of laws relating to products liability and defective equipment.

Please arrange for your Department to have someone consider the Carrier and these questions carefully. I would appreciate it if the Department would contact me personally or in writing with a concrete response to this inquiry within one (1) month.

If there are any procedures which I can follow to obtain a letter of approval indicating that the Carrier does not structurally violate any federal standard, please apprise me of same.

In addition, please forward me the name of the DOT representation assigned to respond to this inquiry.

Thank you for your kind cooperation in this matter.

John H. Latshaw, Jr.

ENCLS.

cc: RICHARD R. CHUTTER -- PRES., ENNOVA, INC.

PRODUCTION MODEL WILL BE 50 DEGREES

(Graphics omitted)

COPYRIGHT (C) Ennova. Inc. 1978

BACK RACK TM Carrier by Ennova

(Graphics omitted)

(Graphics omitted)

(Graphics omitted)

(Graphics omitted)

ID: 19837.ztv

[       ]

Dear [     ]:

This is in reply to your letter of March 26, 1999, asking for an interpretation of Federal Motor Vehicle Safety Standard No. 108 as it relates to a new product you are developing. Because the product is new, you have commented that you would appreciate our "discretion and confidentiality."

As Taylor Vinson of this Office explained to you on April 9, 1999, our interpretations are a matter of public record, and lighting devices must be described with sufficient detail for the interpretation to be understandable. However, we can, on request, withhold from copies of the interpretation available to the public any material that identifies the addressee and company. You agreed to this treatment of your letter.

You are about to begin the design of a rear identification lamp system which would be a "light bar" with three identification lamps contained within a single lens/base. The lamps would be spaced on 6 to 8-inch centers. You have asked if this conforms to Standard No. 108 "as long as each individual lamp meets the requirements for an identification lamp and as long as there are three distinct 'hot spots' shining through the single lens."

Identification lamps must meet the requirements of SAE Standard J592e Clearance, Side Marker, and Identification Lamps, July 1972, incorporated by reference in Standard No. 108. Paragraph 2.4 of SAE J592e defines identification lamps as "lamps used in groups of three." This can be interpreted as meaning that the lamps must be separate, individual units. However, we would view this aspect of the identification lamp requirement as met if the light bar were constructed so that the three lamps would be perceived as individual lamps. This does not appear to be the case with your system. We interpret your description as indicating that the entire light bar would be illuminated with the hot spots intended to be discernable from the rest of the light bar. If our understanding is correct, your system would not meet the identification lamp requirement of Standard No. 108. However, if you design the light bar with three chambers behind the single lens so that the assembly when lit has the appearance of three separate lamps with no spillover between the chambers, we would consider that as a design that meets this requirement of Standard No. 108.

You have also asked whether this product can also incorporate "a set of brake lights to act as a 'third eye' brake light, similar to those required for automobiles." In other words, the identification lamp bar would act as a supplementary stop lamp when the brakes are applied.

Standard No. 108 permits supplementary lamps as long as they do not impair the effectiveness of the lighting equipment required by the standard (S5.1.3). The function of the identification lamps is to indicate the presence of a large vehicle in the roadway. This effectiveness of this function would not be impaired by an increase in intensity of the lamps when the brake pedal is applied. Therefore, your product can incorporate a supplementary stop lamp function.

If you have any questions you may call Taylor Vinson (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:108
d.6/23/99

ID: 22525.ztv

Mr. Harold Holeman
C5 Creations
2 Renee Lane
Newark, DE 19711





Dear Mr. Holeman:

This is in reply to your email of December 26, 2000, asking for interpretations of Federal Motor Vehicle Safety Standard No. 108, "Lamps, Reflective Devices and Associated Equipment."

Your first question is whether "the standards as set forth in FMVSS 108 require that bumper bras or bumper masks have openings around the running lights, parking lights, turning signals, etc.?"

Standard No. 108 does not regulate bumper bras or masks per se. However, lighting equipment is required under Federal law to comply with all requirements of Standard No. 108 when accessory equipment such as bumper bras are installed by regulated persons, whether the equipment is installed as original equipment or aftermarket equipment. The one exception under Federal law is a bra or mask installed by the vehicle owner; if this creates a noncompliance with Standard No. 108, the owner is responsible under any applicable local laws rather than Federal law.

Your next question is "If the bra material is transparent and does not noticeably diminish the luminescence of the lights is the bra design within code without having cutouts for the lights?" Paragraph S7.8.5 prohibits "any styling ornament or other feature, such as a translucent cover or grille, in front of the lens" when the headlamps are activated. We view a transparent bra as an "other feature" and prohibited by Standard No. 108. Thus, a transparent bra could not be installed by a regulated person (i.e., manufacturer, distributor, dealer, or motor vehicle repair business) without violating Standard No. 108, but could be installed by the vehicle owner, provided that it does not violate local laws.

You then ask "Is there a test that should or can be performed to show that the intensity of the running lights is adequate even when covered by the bumper bra?" The photometric tests for each of the lamps covered by Standard No. 108 are essentially those of the Society of Automotive Engineers, which have been incorporated by reference in Standard No. 108. These are laboratory tests rather than tests conducted on the vehicle itself. They could be conducted with the transparent bra or mask material cut to fit the lens. Any diminution in light output must not result in photometric output falling below the minimum levels specified for test points in any individual standard.

Like you, we are not aware of any transparent bra or mask on the market. In general, we do not favor covering the lens of any lamp with other material. Dirt and grime may accumulate to the point that candela is reduced below the minimum specified in the standard. Further, it may not be easily removable by washing the cover.

Sincerely,

John Womack
Acting Chief Counsel

ref:108
d.4/19/01

ID: hill.ztv

Senior Trooper W. L. Hill
Texas Department of Public Safety
Highway Patrol
2720 Industrial Boulevard
Abilene, TX 79606





Dear Trooper Hill:

This is in reply to your request to Taylor Vinson of this Office for our opinion on the following two questions regarding compliance with Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment. You are requesting this information in connection with a court case in which a driver was cited for operating a vehicle equipped with a replacement taillamp consisting of a clear lens and a red bulb. You mentioned the driver's opinion that Mercedes-Benz was offering such a lamp.

Your first question is whether, to the best of our knowledge, a motor vehicle taillamp is being manufactured, either as original or replacement equipment, which includes a red bulb and a clear lens, and which is certified as complying with Standard No. 108. Our answer is that, to the best of our knowledge, it is not economically feasible under the current state of the art to manufacture a taillamp with a red bulb and a clear lens that complies with Standard No. 108's taillamp requirements, and we are not aware of any such product.

Your second question is whether red reflective tape that is affixed to a vehicle after a protective backing is removed can be a rear reflex reflector replacement under Standard No. 108. The tape has no DOT marking. The answer is no; the original rear reflex reflector, whether incorporated in the lamp or separately mounted on the body, would have been made of plastic in order to comply with SAE Standard J594f, Reflex Reflectors, incorporated by reference in Standard No. 108 as the requirement for reflex reflectors. A replacement rear reflex reflector would also need to be made of plastic to meet these requirements.

If you have any further questions, you may call Taylor Vinson at 202-366-5263.





Sincerely,

Frank Seales, Jr.
Chief Counsel

ref:108
d.10/5/00

ID: aiam4645

FAX 03-792-0007 (Japan) Dear Mr. Chikada: This is in reply to you letter of June 16, l989, to Mr. Van Iderstine of this agency, by FAX as you requested. You have asked four questions with respect to the recently amended Federal Motor Vehicle Safety Standard No. 108. We responded to your first two questions in a letter dated June l9 to Mr. Hasegawa of your office. A copy is enclosed for your reference. Since that time, however, in response to a petition by General Motors, we have changed the effective date of paragraph S7.7.5.1(a) to December l, l989, with respect to replaceable bulb headlamp systems. A copy of this notice is also enclosed. Your third question is: How should we prove the confirmation to the requirement of S7.7.2.2? We think the combination of Horizontal and Vertical angle within the aim range will be so huge and it is not practicable to test for all combinations. This paragraph applies to headlamps aimed by moving the reflector relative to the lens and headlamp housing, or vice versa. The agency has frequently advised manufacturers that there is no legal requirement that conformance be demonstrated through the test procedures stated in the standard. While the agency will use those procedures in its compliance testing, the manufacturer may certify compliance with the performance requirements of a standard through engineering studies, computer simulations, mathematical calculations, or other means intended as an exercise of due care and affording a reasonable basis upon which to certify compliance. Your final question is: It is acceptable to set up initial '0' point of S7.7.5.2(a)(2) not mechanically but photometrically? You may determine the 'O' point by whatever means you deem appropriate for the headlighting system, as long as the method achieves a horizontal 'O' point that may be used for the purposes of paragraph S7.7.5.2(a)(2), and any other paragraph in which the horizontal 'O' mark is required to be determined. In the future, please address your requests for interpretations of Standard No. 108 to this office. Sincerely, Stephen P. Wood Acting Chief Counsel Enclosure;

ID: aiam4569

Dear Mr. Perkins: Secretary Burnley has asked me to respond to you letter of September 7, 1988, with respect to your lighting device. In essence, this is a center high-mounted stop lamp, with turn signal lamps adjacent to it. You believe that high-mounted turn signals 'joined with the rear window brake light should have a dramatic effect on rear and side collisions', but you have been told that 'this conception is at present illegal.' Paragraph S4.4 of Federal Motor Vehicle Safety Standard No. 108 states that 'no high-mounted stop lamp shall be combined with any other lamp or reflective device.' We interpret this as prohibiting lamps or reflective devices that share a single lens or compartment with the center highmounted lamp. Your device shows lamps adjacent to the center highmounted lamp but not combined with it. Therefore, your device is not prohibited by that paragraph of the standard if you wish to market this device as original equipment. The next question to ask is whether it impairs the effectiveness of required lighting equipment (paragraph S4.1.3), principally the center stoplamp. For example, if the yellow turn signals were too bright or if the color of the turn signal were red, these lamps might 'impair the effectiveness' of the center stoplamp. However, this is a determination to be made, in the first instance, by the manufacturer of the vehicle who must certify compliance with Standard No. 108. If you wish to sell your device in the aftermarket, it is acceptable under Federal law if its installation does not adversely affect the operation of motor vehicle equipment installed in accordance with a Federal motor vehicle safety standard so that the equipment would no longer comply with the standard. Assuming that the installation does not have this effect, the legality of installing or using such a device must then be determined according to the laws of any State in which a vehicle so equipped is registered or operated, and these auxiliary lamps must comply with any State requirements. We cannot advise you on State laws. One source of advice is the American Association of Motor Vehicle Administrators, 4600 Wilson Blvd., Arlington, Va. 22203. Sincerely, Erika Z. Jones Chief Counsel;

ID: 86-4.17

TYPE: INTERPRETATION-NHTSA

DATE: 07/18/86

FROM: ERIKA R. JONES -- CHIEF COUNSEL NHTSA

TO: ROGER WILLIAMS -- PRESIDENT TECHNICAL HALLMARK ENTERPRISES, INC.

TITLE: NONE

ATTACHMT: UNDATED LETTER FROM ROGER WILLIAMS TO NHTSA

TEXT: Dear Mr. Williams:

This is in reply to your letter asking about regulations applicable to the "new lights that are now being seen on the trunk lids, and the rear windows of new automobiles".

The specific legal name for this light is "center high-mounted stop lamp". It was optional for use as original equipment on passenger cars manufactured between August 1, 1984 and September 1, 1985. It has been mandatory original equipment since then. The Federal regulation that requires it is Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment issued by the National Highway Traffic Safety Administration of the Department of Transportation. This standard specifies color, minimum illuminated lens area, mode of operation, etc. for original equipment, and for equipment intended to replace that original equipment. The standard does not cover center high-mounted stop lamps intended for use on cars that never had them, and a manufacturer of such aftermarket motor vehicle equipment is subject only to State laws on their design, installation, and use. We encourage aftermarket manufacturers to follow the Federal standard so that the full potential of the lamp may be realized. This means that the lamp should be steady-burning rather than pulsating, and that the lens not have logos, trademarks, or other markings on it to interrupt the transmission of light from the lamp. The standard does not specify the shape of the lamp but virtually all to date have been rectangular (photos of the 1987 Cadil ac Allante show a circular one), and some have exceeded the minimum requirement of a lens area of at least 4 1/2 square inches.

Noting your interest as a prospective manufacturer of these devices, I enclose a copy of Standard No. 108. Sections 4.1.1.41 (page 218), Section 4.3.18 (page 227) and Table III (page 256) provide the relevant requirements for center high-mounted stoplamps. Should you proceed to

manufacture aftermarket lamps, you would be subject to the agency's notification and remedy procedures should a safety related defect occur in them. Otherwise, you would appear to be subject only to State laws.

Sincerely,

ENCLOSURE