ID: 17757.ztv

Frank Zalar, Quality Engineering & Regulatory Manager
General Electric Automotive Lighting
Worldwide Automotive Lighting Department
General Electric Company
1975 Noble Road, Nela Park
Cleveland, OH 44112-6300

Dear Mr. Zalar:

This is in reply to your letter of March 24, 1998, on optical axis markings for sealed beam headlamps.

Paragraph S7.8.1(b) of Federal Motor Vehicle Safety Standard No. 108 requires motor vehicles manufactured on or after September 1, 1998, to be equipped with headlamps which have a mark or markings to identify the lamp's optical axis that are visible from the front of the headlamp when installed on the vehicle. You present two types of markings for our consideration which you believe will satisfy this requirement.

The first headlamp lens marking is a "window" which is centered on the optical/mechanical axis of the lamp. We confirm that this is a sufficient marking under S7.8.1(b).

The second headlamp lens marking comprises "horizontal and vertical lines formed by flute edges of the lens the centermost of which denote the optical axis of the lamp." If the lamp does not employ horizontal flute edges at the lamp center, the headlamp center will be marked to indicate the optical axis. The intersection of the centermost horizontal and vertical lines also appear to be a sufficient marking under S7.8.1(b).

If you have any further questions, you may call Taylor Vinson of this Office (202-366-5263).

Sincerely,
John Womack
Acting Chief Counsel
ref:108
d.5/6/98

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: 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: 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

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: nht87-1.54

TYPE: INTERPRETATION-NHTSA

DATE: 03/28/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: T. Chikada -- Manager, Automotive Lighting, Stanley Electric Co. Ltd.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. T. Chikada Manager, Automotive Lighting Engineering Control Department Stanley Electric Co. Ltd. 2-9-13, Nakameguro, Meguro-ku Tokyo 153, Japan

This is in reply to your letter of August 4, 1986, with respect to a new headlamp and aiming adaptor design. The lens of the headlamp will be tilted 60 degrees from vertical. Although this is too extreme an angle - for use of mechanical aimers for headla mps, you have developed an adaptor for use with the aimer whereby the new headlamp may be mechanically aimed. You have asked whether mechanical aim using the new adaptor is permissible.

Federal Motor Vehicle Safety Standard No. 108 does prescribe the types of aimers to be used with replaceable bulb headlamps, but not the adaptors. As you have noted, the standard does require such headlamps to be capable of mechanical aim by incorporatin g on the lens face three pads which meet the requirements of the Standard's Figure 4. You have informed us that your headlamp design complies with this requirement, and furthermore meets the photometric requirements of Standard No. 108.

However, there are some practical considerations that are important if you intend to market this headlamp. Although providing an aimer adaptor is not required by Standard 108, no adaptors for your unique lamp have been provided to service facilities. The only adaptors which exist today are those designed to accommodate sealed beam headlamps replaceable bulb headlamps with lens angles up to 50 degree for smaller lamps and 40 degrees for larger ones. Neither of these can accommodate the lamp you have prop osed.

In summary, the standard does not appear to preclude use of your new designs, and although not specifically required by the standard, an adaptor should be provided as original vehicle equipment since suitable adaptors do not exist in the service communit y.

Subsequent to August 4, we received your request for confidential treatment of the letter. We replied that it is our policy that substantive interpretations be made publicly available but informed you that we would be willing to delete all identifying re ferences to you and your company. You replied that this was agreeable to you. However, because this headlamp is the subject of SAE Technical paper 870064 Development of MR (Multi-Reflector Headlamp) and was discussed at SAE and was discussed at SAE meeti ngs in February 1987, Stanley has waived all considerations of confidentiality through its public disclosure of the matter. Consequently, this letter will be made publicly available.

Sincerely,

Erika Z. Jones Chief Counsel

September 4, 1986

Ms. Erika Z. Jones Chief Counsel Department of Transportation National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington, D.C. 20590 U.S.A.

Dear Ms. Jones,

We have asked you an advice about permissibility of mechanical aiming with the additional adaptor by the letter dated August 4, 1986.

As for the above mentioned letter, we would like to ask a favor of you. We would like you to deal with this matter in strict confidence.

Since this headlamp is being developed as our new idea for customer satisfaction, we are trying to keep this information inside of our company. Therefore we would like you to maintain the secrecy of this information strictly against any other third party .

Your kind cooperation will be highly appreciated and as well we are looking forward to your reply to our problem.

Sincerely yours,

Stanley Electric Co., Ltd.

T. Chikada Manager, Automotive Lighting Engineering Control Dept.

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: 23912.ztv

Mr. Denis Igoe
Automotive Lighting
47000 Liberty Drive
Wixom, MI 48393





Dear Mr. Igoe:

This is in reply to your fax of January 16, 2002, to Taylor Vinson of this Office, asking for an interpretation of Federal Motor Vehicle Safety Standard No. 108 as it pertains to visually-optically aimable (VOA) headlamps.

You identified yourself as working in the automotive industry" for a "forward lighting manufacturer." With respect to a headlamp currently in production, you wrote that "a proposal for cost savings is to eliminate the horizontal VHAD and the ability to adjust in the horizontal." As you see it, "the issue becomes: through vehicle service it is possible a new headlamp w/o horizontal adjustment (& VHAD) could be paired with an old headlamp with horizontal adjustment (& VHAD) on the very same vehicle." You have asked, "aiming instructions notwithstanding, is this situation compliant or not, with existing NHTSA regs?"

Section S7.8.5.3(b) of Standard No. 108, applicable to VOA headlamps, prohibits horizontal adjustment of horizontal aim of the lower beam of a headlamp unless the headlamp is equipped with a horizontal VHAD. Thus a horizontal aim adjustment feature is not a requirement for VOA headlamps but an option of the headlamp manufacturer. The situation you posit is one in which a vehicle in service could have one lower beam that was horizontally adjustable and the other lower beam would not be horizontally adjustable.

This headlamp mixture would not be permissible as original equipment on new motor vehicles. Some years ago we were asked by Robert Bosch GmbH whether it would be permissible to install on one side of a vehicle a headlamp with VHAD (onboard aiming) for vertical aim and on the opposite side a VOA headlamp in the case where a vehicle manufacturer wanted to change from VHAD-headlamps to visually aimable headlamps during the production of a certain vehicle type. On March 10, 1998, we replied to Bosch (see the enclosed letter to Tilman Spingler) that "all headlamps within a headlighting system must comply with the same set of requirements, including its aiming features."

We have addressed the issue of compatibility of replacement headlamps in both the preamble to the final rule adopting VOA headlamps and in an interpretation letter to Stanley Electric Co. dated June 22, 1998 (copy enclosed). In the preamble, we observed that "any current headlamp design that is modified to include visual/optical aimability must still provide mechanical aimability if that headlamp is intended to be a replacement in vehicles in which the lamp was used before its redesign" (62 FR 10710 at 10714, March 10, 1997). Citing that language, Stanley informed us that it would modify headlamp aiming features on an existing model headlamp for a new model year headlamp but would continue producing the old design for replacement purposes. The two headlamp designs would have different parts numbers and lens identifiers. Stanley asked for confirmation that the new system need not continue to provide mechanical aimability. We replied to Tadashi Suzuki of Stanley on June 22, 1998, stating that we did not consider the new design to be a "replacement" requiring retention of the mechanically aimable feature because the two headlamps would have different part numbers and lens identifiers. We also advised that Stanley's intent would be "even clearer if the cartons in which each type of replacement headlamp is shipped are marked to identify the specific model year(s) for which replacement is intended."

In your fact situation, we assume that mechanical aimability is not an issue, and that both headlamps are VOA in type. Nevertheless, as we also advised Stanley, "[I]t is not advisable for headlamp on the same vehicle to have to be aimed by two different means." Accordingly we would encourage you to take steps to distinguish the new and old headlamp designs by the means that we suggested to Stanley (different part numbers, lens identifiers, carton marking), to minimize the possibility that a replacement headlamp might be installed that is not identical to the original headlamp, thereby creating a headlighting system that would not comply with the original equipment requirements of Standard No. 108.

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

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosures
ref:108
d.4/5/02

ID: nht89-3.54

TYPE: INTERPRETATION-NHTSA

DATE: 12/13/89

FROM: JIM EVANS -- QUALITY CONTROL DEPT., THE BARGMAN COMPANY

TO: STEVEN P. WOOD -- ACTING CHIEF COUNSEL, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 02-26-90 TO JIM EVANS, THE BARGMAN CO., FROM STEPHEN P. WOOD, NHTSA; (REDBOOK) A35; VSA 103(D); STD. 108

TEXT: My company manufactures lighting products for the recreational vehicle industry and we are in need of an interpretation of the rules in FMVSS 108 concerning the use of reflex reflectors on the rear of vehicles. I can find in this standard where two (2) red reflex reflectors are required on the rear of a vehicle (Tables I, II, III, IV) but I cannot find anything in the standard that would prohibit the use of any other color reflectors that could be used in addition to the red reflectors.

Specifically, we manufacture a red taillight lens that has a reflex reflector area around the outer edge of the lens. The stop, turn and tail, as well as the reflex functions all exceed the minimum requirements for these functions.

One of our customers has asked us to mold this same lens in yellow so that it could be used for the turn signal function. It would be mounted side by side with the red unit which would now be used for only stop and tail functions. The problem now arise s where both the yellow and red lens would be visable to traffic approaching from the rear. I checked with a local State Police Post here in Michigan, and they were able to find a section in the State Code that clearly states that reflectors mounted on the rear of a vehicle shall reflect a red color (I am enclosing a copy of this section for your reference). As I stated in my opening paragraph, I cannot find an equivalent ruling in the National standard. I am hoping that your office may have already addressed this problem in the past and that a ruling is already in effect.

My questions are two-fold: First, is it legal to put any other color reflector on the rear of a vehicle as long as the red reflectors are also present? Secondly, if in fact this situation is illegal (which I believe it probably is), could the National st andard be amended to show this fact and eliminate future confusion? Whichever way is correct, I would like to request a written statement to that effect as well as any supporting documentation for the ruling.

I am looking forward to hearing from you as soon as possible so that we can clear this matter up once and for all. Thank you.

Enclosure

(d) On every trailer or semitrailer having a gross weight in excess of 3,000 pounds:

On the front, 2 clearance lamps, 1 at each side.

On each side, 2 side marker lamps, 1 at or near the front and 1 at or near the rear.

On each side, 2 reflectors, 1 at or near the front and 1 at or near the rear.

On the rear, 2 clearance lamps, 1 at each side, also 2 reflectos, 1 at each side, and 1 stop light.

(e) On every poletrailer:

On each side, 1 side marker lamp and 1 clearance lamp which may be in combination, to show to the front, side or rear.

On the rear of the poletrailer or load, 2 reflectors, 1 on each side.

(f) On every trailer or semitrailer weighing 3,000 pounds gross or less:

On the rear, 2 reflectors, 1 on each side if any trailer or semitrailer is so loaded or is of such dimensions as to obscure the stop light on the towing vehicle, then such vehicle shall (Illegible Words) with 1 stop light

(g) When operated on the highway, every vehicle which has a maximum potential speed of 25 miles an hour implement of husbandry, farm tractor or special mobile equipment shall be identified with a reflective device as follows:

An equilateral triangle in shape, at least 16 inches wide at the base and at least 14 inches in height, with a dark red border, at least 1 3/4 inches wide of highly reflective beaded material;

A center triangle, at least 12 1/4 inches on each side of yellow orange fluorescent materials.

The device shall be mounted on the rear of the vehicle, broad base down, not less than 3 feet not more than 5 feet above the ground and as near the center of the vehicle as possible. The use of this reflective device is restricted to use on slow movi ng vehicles specified in this section, and use of such reflective device on any other type of vehicle or stationary object on the highway is prohibited.

On the rear, at each side, red reflectors or reflectorized material visible from all distances within 500 to 50 feet to the rear when directly in front of lawful upper beams of headlamps.

Am. 1988, Act 383.

CI 257.689 Clearance and marker lamps and reflectors; color. [MSA 9.2389]

Sec. 689. (a) Front clearance lamps and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall display or reflect an amber color.

(b) Rear clearance lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display or reflect a red color.

(c) All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stop light or other signal device, which may be red or amber, and except that the light illuminating the license plate-shall be white.

CI 257.690 Same; mounting [MSA 9.2390]

Sec. 690. (1) Reflectors shall be mounted at a height not less than 15 inches and not higher than 60 inches above the ground on which the vehicle stands, except that if the highest part of the permanent structure of the vehicle is less than 15 inches , the reflector at such point shall be mounted as high as that part of the permanent structure will permit.

(2) The rear reflectors on a pole-trailer may be mounted on each side of the bolster or load.

(3) Any required red reflector on the rear of a vehicle may be incorporated with the tail lamp, but such reflector shall meet all the other reflector requirements of this chapter.

(4) Clearance lamps shall be mounted on the permanent structure of the vehicle in such a manner as to indicate its extreme width and as near the top thereof as practicable. Clearance lamps and side marker lamps may be mounted in combination if illumi nation is given as required herein with reference to both.

Am. 1988, Act 383.

CI 257.691 Same; visibility. [MSA 9.2391]

Sec. 691. (a) Every reflector upon any vehicle referred to in section 689 of this chapter shall be of such size and characteristics and so maintained as to be readily visible at nighttime from all distances within 500 to 50 feet from the vehicle when directly in front of lawful upper beams of headlamps. Reflectors required to be mounted on the sides of the vehicle shall reflect the required color of light to the sides, and those mounted on the rear shall reflect a red color to the rear.

(b) Front and rear clearance lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of 500 feet from the front and rear, respectively, of the vehicle.

(c) Side marker lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of 500 feet from the side of the vehicle on which mounted.

CI 257.692 Combination vehicles obstructed lights. [MSA 9.2392]

Sec. 692. Whenever motor and other vehicles are operated in combination during the time that lights are required, any lamp (except tail lamps) need not be lighted which, by reason of its location on a vehicle of the combination, would be obscured by another vehicle of the combination, but this shall not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps, nor that all lights required on the rear of the rearmost vehicl e of any combination shall be lighted.

ID: nht79-4.46

DATE: 08/21/79

FROM: LEO BACHYNSKY -- R.E. DIETZ COMPANY

TO: CHIEF COUNSEL NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 10/01/79, FROM FRANK BERND -- NHTSA TO LEO BACHYNSKY; OPINION BOOK; STANDARD 108, A17

TEXT: Dear Sir:

Our company is presently developing a new product and is in need of a clarification concerning the legality of the proposed product as it pertains to FMVSS 108.

Briefly, the device is a bi-directional Emergency Vehicle Warning Lamp consisting of two 7-1/2 inch diameter lenses. The lenses contain a 5/8 inch wide band of reflex reflector around their periphery. The two lenses are locked to a mounting flange by a special locking feature and two screws. When mounted, the device will have one lens facing to the front of the vehicle and the other to the rear. The device is to be supplied in a variety of colors, red, yellow, blue, and can be used in either a steady or flashing state.

We manufacture a similar device less the reflex reflector area and previous sales data indicates the majority of the market for this type of device is for tow trucks and utility company vehicles.

We are aware of the fact that Emergency Warning Lamps are not regulated by FMVSS 108 or any other Federal standard, but rather our questions concern the reflex reflector area in the device.

The areas that need clarification with respect to our application are the following:

1. Paragraph S.4.1.3 of FMVSS 108 - "No additional lamp, reflective device or other motor vehicle equipment shall be installed that impairs the effectiveness of the equipment required by this standard."

Does this Paragraph S.4.1.3. restrict the use of the reflex reflector in our proposed device as imparing effectiveness of required equipment?

2. Do Tables 1-4 of FMVSS 108 "Required Equipment for Motor Vehicles" and "Locations of Required Equipment" restrict the use of a red reflex reflector facing the front and yellow reflex reflector facing the rear of the vehicle?

An early reply will be appreciated.

Enclosed is our blueprint of the subject device and an advertising poster showing exact application of the intended device.

Sincerely,

Enclosure (2)