ID: nht90-3.96

TYPE: Interpretation-NHTSA

DATE: September 12, 1990

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: M. Guy Dorleans -- Manager, Regulatory Affairs Department Division Elairage-France, Valeo

TITLE: None

ATTACHMT: Attached to letter dated 7-19-90 from G. Dorleans to P.J. Rice (OCC 503); Also attached to a study entitled Aiming Concept for Headlamps, Solution 3; Also attached to drawing (graphics omitted)

TEXT:

This is in further reply to the letter you and Monsieur Ravier sent on July 19, 1990, with respect to the acceptability of "Aiming concept for headlamps. Solution 3" under Motor Vehicle Safety Standard No. 108. Ms. DeMeter informed Monsieur Ravier on A ugust 8, 1990, that your request for confidentiality of the drawing enclosed had been granted. You did not make a similar request for treatment of your two-page description of Solution 3, and accordingly we are incorporating it by reference in this lett er, and it will be made a part of all public copies of this interpretation.

Section S7.7.5 of Standard No. 108 states that "When a headlamp system is installed on a motor vehicle, it shall be aimable with either an externally applied aiming device, or on-vehicle headlighting aiming devices installed by the vehicle manufacturer." Section S7.7.5.1 sets forth the requirements for external aiming, and section S7.7.5.2 those for on-vehicle aiming. Solution 3 features a lamp which has three aiming pads on the lens, for use with a mechanical aiming device in accordance with SAE requ irements. However, the lamp also has a movable reflector and various horizontal and vertical aim features that appear to be related to on-vehicle aiming. The horizontal and vertical aiming screws, while having markings of angles similar to that require d for on-vehicle aiming devices, are used exclusively in conjunction with the SAE mechanical aiming device. Therefore, we would consider Solution 3 to be a lamp system intended to be aimable by external means, as provided in section S7.7.5.1.

Since this system departs from the procedure normally used with the SAE mechanical aimers, we commend you in your intent to provide appropriate aiming instructions for such headlighting systems with the vehicles operator's manual, even though it is not r equired by Standard No. 108.

I hope that this is responsive to your question.

ID: nht94-3.82

TYPE: INTERPRETATION-NHTSA

DATE: July 28, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Lance Tunick

TITLE: NONE

ATTACHMT: Attached to letter dated 7/18/94 from Federico Trombi to Taylor Vinson

TEXT: Dear Mr. Tunick:

This responds to your letter of July 18, 1994, to Taylor Vinson of this Office, with respect to whether the headlamp system you describe complies with Federal Motor Vehicle Safety Standard No. 108.

The system is comprised of two headlamps. In each lamp, the lower beam will be provided by a gas discharge unit and the upper beam by either one European H-1 unit, or by the H-1 together with the gas discharge unit (or, alternatively, by two gas dischar ge units). Both lamp units would be sealed in a "box" so that they could not be replaced by the vehicle owner. The "box" would also contain a third light source, mounted outboard of the lower beam gas discharge unit, to be used for purposes other than headlighting.

As you note, this assemblage is an "integral beam headlamp" as defined by S4 of Standard No. 108 because it contains light sources that are neither sealed beam nor replaceable. Thus, it must conform with the requirements of S7.4 Integral Beam Headlighti ng System. You have noted that the lamp, in fact, will "comply with S7.4(a)(2) and the photometric requirements of either (a)(2)(i) or (a)(2)(ii)", which apply to two-lamp integral beam headlighting systems.

In your view, the lamp meets the requirement of Table IV that the lower beams be mounted "as far apart as practicable" because the configuration of the car body does not permit mounting the gas discharge unit any farther outboard. Further, the lamp "wou ld be in conformity with S7.4(b) as the lamp would have 2 light sources and the lower beam would be provided by the most outboard light source [of those regulated

2

by Standard No. 108] . . . and the upper beam would be provided by either the most inboard light source or both the gas discharge" and H-1 light sources.

We concur in your conclusion that this system is permissible under Standard No. 108.

ID: aiam2998

Dear Mr. Black: This is in reply to your letter of March 12, 1979, to Mr. Vinson o this office asking for an opinion of whether a red rear fog lamp system would be permissible under Federal Motor Vehicle Safety Standard No. 108 as original equipment. This lamp system would be of the same intensity as the stop lamp system, installed in a separate compartment within the rear lamp assemblies. The system would have a separate switch and be operational only when the headlamp switch is in the 'on' position.; As you have noted, Standard No. 108 does not specify requirements fo either front or rear fog lamps. Lighting equipment supplementary to that required as original equipment may be provided at the manufacturer's option if it does not impair the effectiveness of any equipment installed in accordance with Standard No. 108 (S4.1.3). On the basis of your submission, we are unable to form an opinion whether your system would impair effectiveness with the meaning of S4.1.3. If it is Alfa Romeo's judgment that the red fog lamps will not impair the effectiveness of the taillamps, stop lamps, turn signal lamps or backup lamps, then you may have a reasonable basis upon which to install the fog lamp system and to certify compliance with S4.1.3.; Sincerely, Frank Berndt, Acting Chief Counsel

ID: wakley.2.wpd

Mr. Mark Wakley
25919 25^th Lane South, Apt. E-201
Kent, WA98032

Dear Mr. Wakley:

This is in response to your several e-mails in October 2003, concerning your desire to have the daytime running lights (DRLs) on your model year 2004 Chevrolet Cavalier disconnected. I understand that you discussed this issue at length with Eric Stas and other agency staff. You stated that your vehicle is equipped with DRLs that illuminate upon vehicle start-up and that there is no manual on-off switch. You stated that despite repeated requests, General Motors is unwilling to provide a means to disable the DRLs. Further, you described problems this has engendered in your delivery operations to military bases and other federal facilities, which require extinguishment of such lighting as a security measure.

Because DRLs are not required motor vehicle equipment, we confirm that manufacturers, distributors, dealers, and motor vehicle repair businesses are free to disconnect the vehicles DRLs or to install an on-off switch, at customer request. As the vehicle owner, you are also free to disconnect the DRLs yourself. However, vehicle manufacturers are not required to provide a means to disable DRLs.

By way of background, Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment, does not require vehicle manufacturers to install DRLs on new vehicles; however, if manufacturers choose to install such devices, paragraph 5.5.11 of the standard sets forth certain performance requirements. Paragraph S5.5.11(a) provides that DRLs are to be "automatically deactivated when the headlamp control is in any on position, and as otherwise determined by the vehicle manufacturer." In the context of paragraph S5.5.11(a), "headlamp control" refers to those position(s) of the master lighting switch that cause the headlamps themselves to be turned on.

Because DRLs are not required by FMVSS No. 108, manufacturers, distributors, dealers, and motor vehicle repair businesses may disconnect DRLs or provide on-off switches without violating the statutory prohibition against knowingly making inoperative any 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. 49 U.S.C.

30122. However, these entities may not alter the performance specifications of DRLs in a manner that would make them not comply with the performance requirements specified for DRLs under the standard.

I hope that this clarifies NHTSAs regulations related to DRLs. If you have any further questions regarding our regulations, please contact Eric Stas of my staff at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:108
d.1/22/04

ID: 2855yy

William J. Bethurum, Esq.
Patent Attorney
Jefferson Place - Suite 302
350 North Ninth Street
Boise, Idaho 83702

Dear Mr. Bethurum:

Your letter of December 14, 1990, to the "U.S. National Highway Safety Commission" for reply. Our agency, the National Highway Traffic Safety Administration, is the Federal agency responsible for establishing and enforcing the Federal motor vehicle safety standards.

Your client, Mr. E.D. Farnsworth, has asked about "when and how side lights adjacent to the main head lights came to be first used with head lights on automobiles." You have, in turn, asked to be apprised of the regulations which govern new headlamp designs for automobiles and other motor vehicles.

The Federal regulations that apply to motor vehicle headlamps are found in 49 C.F.R. 571.108, Federal Motor Vehicle Safety Standard No. l08, Lamps, Reflective Devices, and Associated Equipment. The current version of the CFR volume (Parts 400 to 999) containing that standard is updated to October 1, l990.

We are uncertain as to what you mean by "side lights adjacent to the main head lights". Standard No. l08 requires amber or white parking lamps on the front of passenger cars and other types of motor vehicles whose overall width is less than 80 inches, amber turn signal lamps, and amber front side marker lamps. Other types of lamps that are sometimes found on the front, and on the side at the front, are fog lamps and cornering lamps. They are not required by Standard No. l08, and are permissible as long as they do not impair the effectiveness of the lighting equipment required by the standard.

Standard No. l08, which has been in effect for passenger cars since January l, l969 (the mandatory requirement for a side marker lamp replaced the earlier provision giving manufacturers a choice of lamp or reflector effective January 1, l970), has always prescribed lamp location in general terms. Thus, parking lamps and headlamps are to be installed "at the front" and "as far apart as practicable" (Table IV of Standard No. l08). Similarly, turn signals are to be located "at or near the front" and "as far apart as practicable." Amber side marker lamps are to be on the side but placed "as far to the front as practicable." Because Standard No. l08 does not otherwise specify lamp location, we surmise that the head lamp and adjacent side lamp relationship to which you refer resulted from the choice of the vehicle manufacturer within the overall general parameters of the Federal specifications.

If you have further questions, we shall be pleased to answer them.

Sincerely,

Paul Jackson Rice Chief Counsel

ref:l08 d:2/26/9l

ID: nht70-1.33

DATE: 01/19/70

FROM: AUTHOR UNAVAILABLE; C. A. Baker; NHTSA

TO: Ichikoh Industries, Ltd.

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of December 16, 1969, concerning the 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 be 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 the 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 are applicable except as specifically provided by the enclosed interpretation.

With reference to the last paragraph in your letter, it is recognized 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 were shipping such items directly to distributors and dealers in the United States. I enclose a copy of this proposal for your information.

ID: nht91-2.2

DATE: February 26, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: William J. Bethurum -- Patent Attorney

TITLE: None

ATTACHMT: Attached to letter dated 12-14-90 from William J. Bethurum to Legal Counsel, U.S. National Highway Safety Commission

TEXT:

Your letter of December 14, 1990, to the "U.S. National Highway Safety Commission" for reply. Our agency, the National Highway Traffic Safety Administration, is the Federal agency responsible for establishing and enforcing the Federal motor vehicle safety standards.

Your client, Mr. E.D. Farnsworth, has asked about "when and how side lights adjacent to the main head lights came to be first used with head lights on automobiles." You have, in turn, asked to be apprised of the regulations which govern new headlamp designs for automobiles and other motor vehicles.

The Federal regulations that apply to motor vehicle headlamps are found in 49 C.F.R. 571.108, Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment. The current version of the CFR volume (Parts 400 to 999) containing that standard is updated to October 1, 1990.

We are uncertain as to what you mean by "side lights adjacent to the main head lights". Standard No. 108 requires amber or white parking lamps on the front of passenger cars and other types of motor vehicles whose overall width is less than 80 inches, amber turn signal lamps, and amber front side marker lamps. Other types of lamps that are sometimes found on the front, and on the side at the front, are fog lamps and cornering lamps. They are not required by Standard No. 108, and are permissible as long as they do not impair the effectiveness of the lighting equipment required by the standard.

Standard No. 108, which has been in effect for passenger cars since January 1, 1969 (the mandatory requirement for a side marker lamp replaced the earlier provision giving manufacturers a choice of lamp or reflector effective January 1, 1970), has always prescribed lamp location in general terms. Thus, parking lamps and headlamps are to be installed "at the front" and "as far apart as practicable" (Table IV of Standard No. 108). Similarly, turn signals are to be located "at or near the front and "as far apart as practicable." Amber side marker lamps are to be on the side but placed "as far to the front as practicable." Because Standard No. 108 does not otherwise specify lamp location, we surmise that the head lamp and adjacent side lamp relationship to which you refer resulted from the choice of the vehicle manufacturer within the overall general parameters of the Federal specifications. If you have further questions, we shall be pleased to answer them.

ID: 11499ZTV

Mr. Bernard Caire
DBM Reflex Enterprises, Inc.
1620 boul. Dagenais ouest
Laval, Quebec H7L 5C7
Canada

Dear Mr. Caire:

This is in reply to your FAX of January 25, 1996, to Taylor Vinson of this Office, asking for two interpretations of paragraph S5.3.1.7 of Motor Vehicle Safety Standard No. 108 as they relate to your specific lighting array, for which you enclosed two drawings. These depict a housing containing a "turn signal" and a "daytime running light." You clarified your request in a telephone conversation with Rich VanIderstine of this agency on February 23, 1996.

Paragraph S5.3.1.7 modifies luminous intensity requirements for turn signal lamps "on a motor vehicle on which the front turn signal lamp is less than 100mm from the lighted edge of a lower beam headlamp, as measured from the optical center of the turn signal lamp." You ask, with respect to each of your drawings, whether the optical center of the turn signal is the same as the filament position. You note that there will be a higher light intensity in front of the bulb location.

Your first question appears to relate to turn signal/headlamp spacing, but we believe that your true concern is with the spacing relationship between a turn signal and a daytime running lamp (DRL). Because your DRL is a dedicated lamp serving only the DRL function, paragraph S5.3.1.7 does not apply.

The correct reference regarding the spacing between DRLs and turn signal lamps is paragraph S5.5.11(a)(4). This, in pertinent part, places the DRL "so that the distance from its lighted edge to the optical center of the nearest turn signal

lamp is not less than 100 mm . . . ." To determine the optical center of the turn signal lamp, we must refer for an answer to SAE J588 NOV84 Turn Signal Lamps For Use on Motor Vehicles Less Than 2032 MM in Overall Width. The answer depends on the design of the turn signal lamp. If the lamp primarily employs a reflector (for example, one of parabolic section) in conjunction with a lens, spacing is measured from the geometric centroid of the front turn signal functional lighted area to the lighted edge of the lower beam headlamp (paragraph 5.1.5.4.2, SAE J588 NOV84). The "geometric centroid" is the "optical center" for purposes of Standard No. 108. If the front turn signal is a direct light source type design, that is a lamp primarily employing a lens and not a reflector to meet photometric requirements, spacing is measured from the light source to the lighted edge of the DRL. The filament center of the light source is the "optical center" for purposes of Standard No. 108. If the distance is less than 100 mm, the requirements of S5.3.1.7 apply and the minimum intensity of the turn signal must be at least 2.5 times that normally required.

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

Sincerely,

Samuel J. Dubbin Chief Counsel ref:108 d:3/14/96

ID: nht93-8.15

DATE: November 16, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Larry Grabsky -- VML and Colonna Corp.

TITLE: None

ATTACHMT: Attached to letter dated 10/01/93 Est. from Larry Grabsky to John Wilman

TEXT:

This is reply to your recent letter asking our views 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.

ID: 9251

Mr. Larry Grabsky
VML and Colonna Corp.
2122 - 65th St.
Brooklyn, NY 11204

Dear Mr. Grabasky:

This is reply to your recent letter asking our views 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

ref:108 d:11/16/93