ID: 571.108 -- HDC Supplemental Turning Lamps -- HAAS -- 15-4155

Mr. Michael Haas

Haas Design Concepts
P.O. Box 575
Tiburon, CA  94920

Dear Mr. Haas:

This responds to your letter asking whether your product, the HAAS Design Concepts sequential perimeter lighting system, is permissible under Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment (49 CFR § 571.108).  As explained below, your product is permissible if it operates in a manner that is synchronized with the vehicle’s required turn signals and satisfies the other criteria cited in this letter.

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized under the National Traffic and Motor Vehicle Safety Act (49 U.S.C. Chapter 301) to issue FMVSSs that set performance requirements for new motor vehicles and items of motor vehicle equipment.  NHTSA does not provide approvals of motor vehicles or motor vehicle equipment.  Instead, manufacturers are required to self-certify that their products conform to all applicable safety standards that are in effect on the date of manufacture, before the product can be offered for sale.  Manufacturers must also ensure their products are free of safety-related defects.   

The following interpretation of FMVSS No. 108 is based on our understanding of the information provided in your letter, and is limited to the system you described. 

Description of Your Product

From your letter and follow-up correspondence with my staff, we understand that your product consists of a strip of 24 amber-colored LEDs that are mounted inside a 30-inch long “Metalized Plastic rail.”[1]  This rail would be attached horizontally along the lower portion of the exterior of a vehicle’s driver and front passenger doors with “two-sided automotive acid rain tape.”  The LED strip would be wired into a “Sequential Controller” through a hole in the door panel.  This Sequential Controller in turn would be “fastened” to the vehicle’s existing turn signal system.

We understand that your product operates as follows:  When the headlamps are activated, all 24 of your product’s LEDs illuminate as steady-burning lamps.  When the driver activates the left or right turn signals, the amber-colored LEDs on the corresponding side become brighter sequentially from the “front” end of the rail (i.e., the end nearer to the front of the car) to the rear end of the rail.  It is our understanding that this sequential turn signal function can be activated regardless of whether the headlamp system is on or off, the only difference being the initial brightness of the LEDs (dim vs. off).  You state that your product’s cycle of sequentially activating LEDs is timed so that the cycle restarts at a rate that matches the flash rate of the required turn signals, and that if the turn signal is cancelled, the LEDs immediately return to their steady-burning (or “off”) state even if they are only partway through a cycle.

Applicable Requirements

Motor vehicle lighting that is installed as original equipment is regulated under FMVSS No. 108.  FMVSS No. 108 requires that vehicles be equipped with certain types of lamps (“required” lamps), and sets out specific performance standards that those lamps must meet.  Non-required (or “auxiliary”) lamps, while still regulated under FMVSS No. 108, are not required to meet specific performance requirements in the same way that the required lamps are.  Rather, auxiliary lamps are subject to S6.2.1, which states: “No additional lamp, reflective device, or other motor vehicle equipment is permitted to be installed that impairs the effectiveness of lighting equipment required by this standard.”

NHTSA has issued numerous interpretations on the meaning of the phrase “impairs the effectiveness” in S6.2.1.  For example, an auxiliary lamp impairs the effectiveness of required lighting equipment if it causes “confusion with the signal sent by another [required] lamp.”[2]  Further, an auxiliary lamp that supplements a specific required lamp should “perform in the same manner, and perform the same function, as the original equipment it is intended to supplement.”[3]  The question of whether an auxiliary lamp impairs required lighting equipment is usually decided on a case-by-case basis. 

Discussion

We do not believe that your product would impair the effectiveness of a vehicle’s required lighting equipment in either its steady-burning state or when it sequentially flashes for signaling purposes.  Please note, however, that your product may need to conform to certain requirements relating to the vehicle’s hazard warning system, depending on whether your product activates with the vehicle’s hazard warning lamps.

We do not believe that your product would impair the effectiveness of required lamps in its steady-burning state because it operates in a way that is consistent with FMVSS No. 108’s requirements for a side marker lamp (which is the type of signal lamp your product most closely resembles).[4]  Specifically, your product activates when the vehicle’s headlamp system is
activated.  Its LEDs are steady-burning except when they flash as part of the turn signal system.  Furthermore, the LEDs are amber, which we have previously determined is the only appropriate color for auxiliary side marker lamps that are located towards the front end of the vehicle.[5]

We also do not believe that your product would impair the effectiveness of the vehicle’s required turn signals when flashing for signaling purposes because your product’s cycle of sequentially illuminating its LEDs repeats at a rate that is synchronized to the required turn lamps.[6]  The illumination sequence restarts in time with each flash of the required turn signal lamps, and when the turn signal is cancelled, your product returns to a steady-burning state (or turns off) immediately.[7] 

Although you do not discuss your product’s functionality as a hazard lamp in your interpretation request, we believe it is possible that, depending on how your product is wired, its LEDs may activate as part of the vehicle’s hazard warning system.  If this is the case, your product would need to meet additional requirements to ensure it does not impair the effectiveness of the vehicle’s hazard lamps.  S6.6.2 of FMVSS No. 108 requires a “vehicular hazard warning [signal] operating unit,” [8] which is defined in S4 as “a driver-controlled device which causes all required turn signal lamps to flash simultaneously to indicate to approaching drivers the presence of a vehicle hazard.”  Although your product is not a “required turn signal lamp,” if it is activated as part of the vehicular hazard warning signal system, its LEDs would need to flash simultaneously when the hazard warning lights are activated to be permissible under FMVSS No. 108.  If the LEDs illuminate sequentially rather than “simultaneously,” it could cause driver confusion and could potentially interfere with the effectiveness of the hazard warning system.

Lamp Brightness

Separate from your product’s sequential activation pattern, we are concerned that the brightness of your product’s LEDs could potentially impair the vehicle’s required signal lamps.  Specifically, if the LEDs are too bright, it could obscure the vehicle’s required signal lamps, or could cause other drivers not to recognize that your product supplements the vehicle’s required turn signals.  To avoid the possibility of impairment due to brightness, it is our view that a supplemental signal lamp such as your product should not be noticeably brighter than the required lamps that it supplements.  Note that, because the question of impairment should be analyzed on a vehicle-by-vehicle basis, the maximum brightness of as auxiliary signal lamp on a particular vehicle must be determined based on the brightness of the required signal lamps that are actually installed as original equipment on that vehicle—even if FMVSS No. 108 permits signal lamps of that type to be brighter.

Make Inoperative Provision

Please note that your product would be subject to the Safety Act’s “make inoperative” provision (49 U.S.C. § 30122).  The “make inoperative” provision prohibits manufacturers, distributors, dealers, rental companies and motor vehicle repair businesses from “knowingly mak[ing] inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard” promulgated by NHTSA.  If a business that falls into one of these categories were to install your product on a vehicle in a way that interferes with a vehicle’s required lighting or otherwise renders a vehicle’s other safety features inoperative, that entity could be subject to a NHTSA enforcement action.  Historically, NHTSA has viewed the “impairment” and “make inoperative” standards as identical (i.e., lighting equipment that is prohibited under the impairment provision would also be prohibited under the make inoperative provision, and vice versa).[9]

If you have further questions, you may refer them to Daniel Koblenz of my staff at (202) 366-2992.

Sincerely,

Jonathan C. Morrison

Chief Counsel

Dated: 5/6/19

Ref: FMVSS No. 108

[1] You explain that these LEDs “are sealed by clear-colored cocking inside the cap rail which are protected from the elements by Smoke Colored Polycarbonate plastic covers,” and that the polycarbonate material you use to cover your product’s LEDs “is similar to the polycarbonate used to protect all automotive head lights and tail lights.”  We would like to point out that the polycarbonate that is typically used to protect required lighting cannot meet the requirements of S14.4.2 without some sort of protective coating. 

[2] Letter to Byung M. Soh (Sept. 13, 1988), available at https://isearch.nhtsa.gov/gm/88/nht88-3.100.html.

[3] Letter to Mr. Bart W. Hill (Aug. 27, 1999), available at http://isearch.nhtsa.gov/files/20174.ztv.htm.

[4] Letter to Robert M. Currie (Jan. 31, 1997), available at https://isearch.nhtsa.gov/files/13208.ztv.html.

[5] Letter to Robert J. Ponticelli (Aug. 18, 1995), available at https://isearch.nhtsa.gov/files/1083.html.

[6] Letter to Jerry Koh (Feb. 6, 1986), available at https://isearch.nhtsa.gov/gm/86/86-2.50.html 

[7] We note that side marker lamps do not need to flash simultaneously with required turn lamps to be synchronized.  See letter to Warren M. Heath (Dec. 23, 1969), available at https://isearch.nhtsa.gov/aiam/aiam0192.html.    

[8] The text of S6.6.2 uses the term “vehicular hazard warning operating unit,” which inadvertently omits the word “signal.”

[9] E.g., Letter to Timothy C. Murphy (Nov. 1, 2004), available at https://isearch.nhtsa.gov/files/GF006332.html.

ID: aiam0198

Dear Mr. Horii: Thank you for your letter of December 16, 1969, concerning th relationship between performance requirements of Standard No. 108 and the referenced and subreferenced SAE standards in Standard No. 108.; Public Law 89- 563 requires that the motor vehicle safety standards b stated in terms of what is to be accomplished rather than in terms of specific designs, and that they be objective, reasonable, practicable, and meet the need for motor vehicle safety. In addition, the law required that the initial safety standards be based on *existing* standards.; Initial Federal Motor Vehicle Safety Standard No. 108 was based on th *existing* SAE standards as specified in Tables I and III of Standard No. 108. In some instances, these specified SAE standards in turn subreference other SAE standards that are design oriented, particularly the subreferenced standards on bulbs, bulb sockets and sealed beam headlamp units.; As provided by an interpretation (copy enclosed) issued on August 12 1968, entitled, 'Bulbs and Bulb Sockets,' bulbs conforming to Table I of subreferenced SAE J573 and bulb sockets conforming to subreferenced SAE J567 *need not* be used in lamp assemblies meeting the requirements of Standard No. 108. Therefore, as an example, tail lamps need meet only the requirements of SAE J585c (including color test in accordance with SAE J578a) when tested in accordance with the specified Sections of subreferenced SAE J575c.; The above interpretation does not apply to sealed beam headlamps Paragraph S3.1.1 and Tables I and III of Standard No. 108 specify that headlamps shall be designed to conform to SAE J579a and J580a. These specified standards in turn subreference SAE J573b and J571b. The dimensional requirements of SAE J571b serve a need for safety in that replacement sealed beam units are readily available, and standardization of inspection equipment and procedures is possible.; In summary, the referenced and subreferenced SAE standards ar applicable except as specifically provided by the enclosed interpretation.; With reference to the last paragraph in your letter, it is recognize that a manufacturer of motor vehicles may, as part of his contractual relationship with a supplier, require that the supplier certify conformance of the items provided by the supplier. Currently Public Law 89-563 does not require Ichikoh to certify conformance to Standard No. 108 of the lighting equipment it provides. However, an amendment to the standard has been proposed which would make the standard directly applicable to certain items of lighting equipment. This proposal would require Ichikoh to certify conformance, but only if Ichokoh (sic) were shipping such items directly to distributors and dealers in the United States. I enclose a copy of this proposal for your information.; Sincerely, Charles A. Baker, Office of Standards on Accident Avoidance Motor Vehicle Safety Performance Service;

ID: nht73-1.30

DATE: 10/25/73

FROM: E. T. Driver; NHTSA

TO: Marchal America

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your letter #8495, dated October 5, 1973 to the National Highway Traffic Safety Administration concerning the legality of an automotive headlamp having a sealed metal reflector, glass lens arrangement. It is understood from your letter that such a headlamp would meet all requirements of Federal Motor Vehicle Safety Standard No. 108, including photometric and electrical performance, interchangeability and mechanical aiming.

Specifically your question is: "Would a hermetically sealed metal and glass headlamp, (one in every way interchangeable with existing approved sealed beams except that the reflector would be metal instead of glass), be acceptable under current federal regulations?"

The answer to your question is "yes".

ID: nht68-3.1

DATE: 05/17/68

FROM: AUTHOR UNAVAILABLE; David A. Fay; NHTSA

TO: Berliner Motor Corporation

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of April 10, 1968, addressed to Mr. William H. Risteen, concerning the requirement for headlamp dimmer switches as specified in Federal Motor Vehicle Safety Standard No. 108.

Paragraph S3.4.1 of Standard No. 108 requires that a means for switching between lower and upper headlamp beams shall be provided in accordance with SAE Recommended Practice J564a or J565a. This general requirement is applicable to all vehicles, including motocycles, that are required, by Standard No. 106, to be equipped with lower and upper bean headlamps, even though SAE Recommended Practice J564a is addressed only to passenger cars.

Thank you for writing.

ID: aiam0333

Dear Mr. Hespeler: This is in reply to your letter of May 3 asking for confirmation o your understanding with Mr. Vinson of my staff that the 'optical horn' lighting feature is not prohibited by paragraph S4.6(b) of Motor Vehicle Safety Standard No. 108.; Paragraph S4.6(b) which states in part that 'means may be provided t flash headlamps . . . for signaling purposes' allows the use of an automatic device for headlamp flashing, and it follows that a non-automatic system, such as the 'optical horn' incorporates, is also permissible.; Sincerely, Lawrence R. Schneider, Acting Chief Counsel

ID: nht95-5.5

TYPE: INTERPRETATION-NHTSA

DATE: December 18, 1995

FROM: Tilman Spingler -- Robert Bosch GmbH

TO: Samuel Dubbin -- Chief Counsel

TITLE: Request for interpretation

ATTACHMT: 1/29/96 letter from Samuel J. Dubbin to Tilman Spingler (A44; Std. 108)

TEXT: with todays optical and mechanical methods it will be possible to achieve both high- and lowbeam of a headlamp with only one single lightsource. Are there any reservations against on the basis of the requirements in FMVSS 108? If no, which photometric requirements are applicable? Such a headlamp will in any case meet the photometric requirements for lower beam in the lower beam mode and for upper beam in the upper beam mode. The position on the vehicle is the same as for a 2-headlamp-system (e.g. wi th HB1-, HB2-, HB5-bulbs).

ID: nht91-5.30

DATE: August 23, 1991

FROM: Jon Nisper -- K.B. Lighting, Inc.

TO: Jerry Medelin -- NHTSA

TITLE: Telephone conversation 8/20/91

ATTACHMT: Attached to letter dated 10-7-91 from Paul Jackson Rice to Jon Nisper (A38; Std. 108)

TEXT:

In reference to our telephone conversation please refer to the attached sheet showing a proposed headlamp / turnsignal assembly.

In each case, where should the 100mm separation be measured for turn signal headlamp position? The reflector being considered is an advanced variable focus highbeam / lowbeam utilizing a 9007 bulb. In both cases the inboard wall serves no functional pupose. And in fact, the inboard wall could be blackened with no loss of performance.

Thank you for your opinion. If you feel that this situation warrants it, I will follow this telefax up with a formal letter for official judgement.

Attachment

Diagram of the proposed headlamp/turnsignal assembly. (Graphics omitted)

ID: aiam4210

Dear Mr. Gough: This is in reply to your letter of August 19, 1986, to this Office asking for confirmation of your understanding 'that other light sources can be added to a replaceable bulb headlamp, such as a parking lamp or signal lamp function, as long as the lamps operate independently of each other and are in full compliance with FMVSS 108.'; Your interpretation is essentially correct, and I am enclosing a cop of a recent letter that we sent to Ichikoh Industries on the same subject. In order to be in full compliance with Standard No. 108, if a replaceable bulb headlamp also incorporates a turn signal lamp, the requisite separation distance or candela ratio specified by the standard must be met.; I hope that this answers your question. Sincerely, Erika Z. Jones, Chief Counsel

ID: 86-5.10

TYPE: INTERPRETATION-NHTSA

DATE: 09/04/86

FROM: AUTHOR UNAVAILABLE; S.P. Wood for Erika Z. Jones; NHTSA

TO: Mr. B.K. O'Neil

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of January 22, 1986, asking how our regulations affect a product you manufacture. Your letter and the literature you enclosed describe your product as a modified acrylic tinted shield which fits over the front end of a passenger car. According to the pictures you enclosed with your letter, your shield fits over the headlights of some vehicles, in others it apparently only covers the front turn signals. I regret the delay in our response. As discussed below, your product could be affected by two Federal Motor Vehicle Safety Standards.

The National Highway Traffic Safety Administration (NHTSA) has the authority to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead the National Traffic and Motor Vehicle Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet our safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects.

The agency has issued Standard No. 205, Glazing Materials, which sets performance and marking requirements for glazing materials used in a vehicle. Auxillary wind deflectors are among the items of glazing materials covered by the standard. The agency has applied the standard to the type of wind deflector that is used at a location necessary for driving visibility. The purpose of the requirement is to ensure that wind deflectors do not obstruct or distort the vision of a driver. Thus, for example, the agency has said in a letter of October 2, 1985, to Mr. Rosario Costanzo that the standard would apply to a wind deflector designed to be mounted in the side window of a vehicle. The literature you enclosed shows that your product, which is a type of plastic shield, is not mounted in a location necessary for driving visibility and thus would not be covered by Standard No. 205.

Installation of your product in a new vehicle prior to its first sale would be affected by Standard No. 108, Lamps, Reflective Devices and Associated Equipment, which sets, among other things, minimum candle power requirements for headlamps and turn signals. In addition, paragraph S4.1.3 of the standard prohibits the installation of motor vehicle equipment that impairs the effectiveness of lighting equipment required by the standard. Furthermore Society of Automotive Engineers Standard J580, Sealed Beam Headlamp Assembly, which is incorporated by reference in paragraph S4.1.1.36 and Tables I and II of Standard No. 108, prohibits styling features in front of headlamps when the lamps have been activated. Thus, S4.1.3, S4.1.1.36, and Tables I and II prohibit the use of fixed transparent headlamp covers as original equipment on motor vehicles. Part 567, Certification, of our regulations provides that a person that alters a new vehicle prior to its first sale must certify that the vehicle, as altered, still conforms with all applicable safety standards. Thus, an alterer could not install a version of your product which covers the headlamps of a vehicle. If a version of your product covers the turn signal or any other required lighting device, the alterer must certify that the vehicle lights will still comply with Standard No. 108 with your product in place. Persons violating the certification requirement are subject to a civil fine of up to $ 1,000 per violation.

Installation of your product in a used vehicle would be affected by section 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from knowingly tampering with devices or elements of design installed in a vehicle in compliance with the Federal motor vehicle safety standards. Thus, a commercial business could not install a version of your product which covers the headlamps of a vehicle. If the version of your product covers the turn signal or any other required lighting device, the business must assure that the vehicle lamps will still comply with Standard No. 108 with your product in place. Commercial businesses that violate section 108(a)(2)(A) are subject to a civil penalty of $ 1,000 per violation.

The prohibition of section 108(a)(2)(A) does not apply to individual vehicle owners who may install or remove any items of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, the agency encourages vehicle owners not to remove or otherwise tamper with vehicle safety equipment. Also, any modifications made by a vehicle owner would have to comply with applicable state law.

In addition, you as a manufacturer of motor vehicle equipment are subject to the requirements in sections 151-159 of the Vehicle Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. I have enclosed an information sheet which outlines those requirements.

If you have any further questions, please let me know.

Sincerely,

ENC.

January 22, 1986

Department of Transportation

Attn: Erika Jones Chief Counsel

Dear Ms. Jones:

I have been in contact with Mr. Ed Glassie of your department, and he suggested we contact you for clarification on our product.

AUTOBRA I manufactures a modified acrylic (Plexiglas DR(R)) auto bra, as per the enclosed literature.

I would like to find out if we are approved by D.O.T., or in fact, our product would need approval under your guidelines.

Please peruse our literature and samples, and advise me of your comments.

AUTOBRA I, INC.

B.K. O'Neill Vice President/Marketing

ENC.

P.S. Although there are presently four or five other manufacturers of auto bras in America right now, we are unfamiliar with their position as to D.O.T. compliance. The only difference between us is the type of plastic used.

(Graphics omitted)

Autobra shield has been designed to provide the following innovative features not available with most front end protection: STYLING Autobra shield's aerodynamic styling actually enhances your automobile's appearance.

MOUNTING Mounting Autobra shield is fast and secure without modification to your automobile.

ACCESS Autobra shield provides easy access to your hood or bonnet without total removal of the shield.

PROTECTION Autobra shield's solid acrylic construction provides maximum protection to your automobile from stones, bugs and other flying debris.

SAFETY Abrasion, mildew and damage to body finish of the covered area are eliminated because Autobra shield mounts away from the surface of the automobile.

MAINTENANCE Autobra shield wipes clean with soap and water providing easy maintenance.

Autobra shield's acrylic construction is resistant to the WEATHER elements; RESISTANCE consequently removal of the shield in inclement weather is virtually eliminated.

Autobra shield is available in light tint acrylic for Porsche 911, 930; BMW 318/325, 320; Toyota Celica, Tercel, Pick-Up; Fiero; Corvette; Mustang GT, and other select automobiles.

2177 Andrea Lane Ft. Myers, FL 33908 Florida (813) 482-5603 Toll Free 1-800-445-2886

Dealer inquiries welcomed

ID: aiam5264

Dear Mr. Grabasky: This is reply to your recent letter asking our view on the use of decorative neon lamps, or of oscillating or revolving ones. This agency establishes the Federal motor vehicle safety standards which must be met from the time a motor vehicle is manufactured up until its sale to its first purchaser for purposes other than resale. The new car dealer is responsible for ensuring that any lighting equipment that it adds before the sale of the vehicle does not impair the effectiveness of lighting equipment that is required by the standard. The determination of whether an impairment exists is made by the person responsible for adding the equipment. If this determination appears clearly erroneous, NHTSA will question it. In addition, all lighting equipment added before the vehicle's first sale must be steady burning when it is used. If the lighting equipment is added after the vehicle's sale by a manufacturer, dealer, distributor, or motor vehicle repair business, it is subject to the restriction that it not 'render inoperative, in whole or in part' any lamp that has been installed in accordance with Standard No. 108. Supplementary motor vehicle lighting equipment, whether added before or after initial sale of the vehicle, is subject to the laws of States in which the vehicle is operated, even if the equipment is not prohibited under Federal law. With respect to neon lights, we are aware of aftermarket installations on the underside of vehicles that illuminate the pavement below. If such lamps create glare that distracts another motorist from perceiving, for example, the turn signals in use, we would consider that an impairment and a partially rendering inoperative within the meaning of those terms. We are unable to advise you on State laws regarding the use of neon lights on vehicles, and suggest that you write for an opinion to the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203. We are unsure what you mean by 'oscillating' but Standard No. 108, in general, requires lamps added before a vehicle's initial sale to be steady burning in use, unless otherwise permitted (such as turn signals and hazard warning signals, and automatic flashing of headlamps for signalling purposes). Installation of a non steady burning lamp by a manufacturer, dealer, distributor, or motor vehicle repair business after initial sale could be viewed as a rendering inoperative depending upon the circumstances. Standard No. 108 does allow a motorcycle to be equipped with a modulating headlamp for daytime use. The modulation permitted is 240 +/- 40 cycles per minute. When NHTSA proposed to allow the modulating headlamp, some commenters were concerned that the flashing might trigger a photic reaction akin to an attack of epilepsy, in onlookers. We believe that the reaction is most likely to occur at a frequency of 10 hz against a very dark background. Thus, care should be taken in the use of supplementary lamps that are not steady burning. As for revolving lamps, we believe that these are generally found on police and emergency vehicles such as ambulances and tow trucks. Whether it is permissible to equip a vehicle with these lamps and to use them is a question to be answered under State law. Sincerely, John Womack Acting Chief Counsel;