ID: aiam3552

Dear Mr. Robertson: This is in reply to your letter of March 4, 1982, to the Administrato asking several questions about modulating headlamps for motorcycles.; As of now, a decision is still pending on Harley-Davidson's petitio for rulemaking to allow modulating headlamps. At present, three States by statute permit use of such a device (Wisconsin, North Carolina, and California). We are unsure of the position of the remaining States though we do know that our local jurisdictions of Virginia and Maryland prohibit them. We would suggest that you contact a motorcycle trade organization such as the American Motorcyclist' Association with the thought that it may have a definitive list.; If Harley-Davidson's petition is granted, the agency would publicl propose that Standard No. 108 be amended to allow installation of a modulating headlamp. After evaluating comments from interested persons, and if it still appeared appropriate, the agency would then amend the standard. As of the effective date of the amendment, it would then be legal to equip a motorcycle with a modulating headlamp, and to use it in any State. The reason for this is that the amendment to Standard No. 108 would preempt any State regulation that differed from it.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam3756

Dear Mr. Miller: The Department of Commerce has forwarded your letter of September 27 1983, to Mr. Vinson of this office, for our reply. You have asked about Federal standards for motorcycle headlamps in connection with your investigation of an accident in Indiana involving a motorcycle reputedly equipped with 'a custom light approximately 2 1/2' by 5 '...smaller than a stock light.' Indiana Law requires that motorcycles be equipped with headlamps meeting Federal standards.; The principal Federal standard on motorcycle headlighting is SA Standard J584a, incorporated by reference in 49 CFR 571.108, Motor Vehicle Safety Standard No. 108. The standards do not list permissible sizes for motorcycle headlamps that are not sealed beam, specifying only that the light emitted comply with requirements at various photometric test points. Thus, the small size of the lamp in question is not indicative that it failed to meet Federal motorcycle requirements.; However, we are not aware that motorcycle headlamps are available i rectangular sizes smaller than those used on passenger cars, i.e., 4 inches by 6 inches. Perhaps the lamp in question was intended by its manufacturer for use as a driving lamp on passenger cars, its size is consistent with that type of lamp. But without further information I'm afraid we can be of no greater asistance (sic).; Sincerely, Frank Berndt, Chief Counsel

ID: aiam5349

Dear Mr. Kreutziger: This responds to your request of April 13, 1994 for an interpretation of Motor Vehicle Safety Standard No. 108. You reference paragraphs S5.5.7(a) and (b) which apply to vehicles of less than 80 inches overall width and ask whether there are similar requirements for wider vehicles. Paragraph S5.5.7(a) requires that ' w hen the parking lamps are activated, the tail lamps, license plate lamps, and side marker lamps shall also be activated.' There is no similar requirement for vehicles whose overall width is 80 inches or more because these vehicles are not required to have parking lamps (see Table I of Standard No. 108). Paragraph S5.5.7(b) requires that ' w hen the headlamps are activated in a steady-burning state, the tail lamps, parking lamps, license plate lamps and side marker lamps shall also be activated.' Paragraph S5.5.3 requires tail lamps on all vehicles, regardless of width, to be activated when the headlamps are activated in a steady burning state. As noted in the preceding paragraph, wide vehicles are not required to have parking lamps. This leaves the question of license plate lamps and side marker lamps. As you have surmised, there is no specific requirement in Standard No. 108 that these lamps be simultaneously activated with the headlamps on vehicles whose overall width is 80 inches or greater. However, we understand that it is industry practice to wire its large vehicles in this manner. We also believe that those who do not wire the side marker lamps to operate with the headlamps include them in the separate switch that activates the clearance and identification lamps. Sincerely, John Womack Acting Chief Counsel;

ID: aiam4294

Dear Mr. Chikada: This is in reply to your letter of March 13, 1987, with respect to th mounting height of driving lamps and front fog lamps. Noting that these Lamps are not equipment required by Federal Motor Vehicle Safety Standard No. 108, you have asked whether they need to be mounted within the range of height which the standard prescribes for headlamps, or may they be mounted, for example, at a height lower than 22 inches such as in the front bumper.; Any lamp that is not required by Standard No. 108 may be added to motor vehicle and located wherever it appears suitable, provided that the lamp at its location does not impair the effectiveness of lighting equipment required by the standard. Headlamps, parking lamps, and turn signal lamps are the lighting equipment required by Standard No. 108 on the front of a passenger car, and any other four-wheeled vehicle of less than 80 inches overall width. Although Standard No. 108 impose a minimum mounting height of 22 inches on headlamps, it allows parking lamps and turn signal lamps to be mount as low as 15 inches above the road surface which means that they could be mounted in the front bumper, or otherwise close to the mounting location of fog lamps and driving lamps. Therefore, compliance with paragraph S4.1..3 of Standard No. 108 would require a manufacturer of a vehicle equipped with fog and driving lamps to ensure that they do not impair the effectiveness of the headlamps, turn signal lamps, and parking lamps.; Because fog lamps and driving lamps are not covered by Standard No 108, the individual States may have their own restrictions on the mounting height of these lamps. We regret that we are unable to advise you on these laws. However, the American Association of Motor Vehicle Administrators (AAMVA), 1201 Connecticut Ave., N.W., Washington, D.C., may be able to advise you.; Sincerely, Erika Z. Jones, Chief Counsel

ID: aiam0273

Re: Federal Motor Vehicle Safety Standard No. 101, Control Location Identification, and *Illumination*#Dear Mr. Introvigne:#This is in reply to your letter of September 2 asking whether a contradiction exists in paragraph S4.3 of Standard No. 101. You ask, in essence, whether the requirement in paragraph S4.3 that an illumination adjustment control be provided with an 'off' position contradicts the requirement in the same paragraph that control identification 'shall be illuminated . . . whenever the headlamps are activated.'#It is true that activation of the headlamps will not simultaneously activate control identification illumination if the illumination switch is in the 'off' position. The intent of S4.3 is that control identification shall be illuminated whenever the headlamps are activated and the illumination adjustment control is in a position other than 'off.'#Sincerely, Lawrence R. Schneider, Chief Counsel;

ID: aiam0274

Re: Federal Motor Vehicle Safety Standard No. 101, Control Location Identification, and *Illumination*#Dear Mr. Introvigne:#This is in reply to your letter of September 2 asking whether a contradiction exists in paragraph S4.3 of Standard No. 101. You ask, in essence, whether the requirement in paragraph S4.3 that an illumination adjustment control be provided with an 'off' position contradicts the requirement in the same paragraph that control identification 'shall be illuminated . . . whenever the headlamps are activated.'#It is true that activation of the headlamps will not simultaneously activate control identification illumination if the illumination switch is in the 'off' position. The intent of S4.3 is that control identification shall be illuminated whenever the headlamps are activated and the illumination adjustment control is in a position other than 'off.'#Sincerely, Lawrence R. Schneider, Chief Counsel;

ID: aiam0067

Dear Mr. Dando: Thank you for your letter of January 11, 1968, to Dr. William Haddon Jr., concerning the location of headlamps on vehicles which are used for snow plow service. I regret that a clerical error resulted in this late reply to your inquiry.; Snow plows are motor vehicles and subject to regulatory actions a established by the National Traffic and Motor Vehicle Safety Act of 1966.; Motor Vehicle Safety Standard No. 108 requires that vehicles to whic the standard is applicable be equipped with headlamps that are located not less than 24 inches nor more than 54 inches above the road surface (see Table II of the standard). This requirement does not prohibit the use of additional headlamps located at greater heights as illustrated by the photographs enclosed with your referenced letter.; Thank you for writing. Sincerely, David A. Fay, Office of Standards on Accident Avoidance Motor Vehicle Safety Performance Service;

ID: aiam4406

Dear Mr. Patterson: This is in reply to your letter of September 21, 1987, asking for ou 'acceptance and recommendation' of a safety device endorsed' by the government of the Province of Saskatchewan. This device automatically activates parking lamps, and the lower beams of headlamps 'with the touch of the Brake Pedal'.; The National Highway Traffic Safety Administration has no authority t accept, recommend, or endorse any item of motor vehicle equipment. We can, however, discuss the relationship of your device to U.S. Federal Motor Vehicle Safety Standard No. 108, *Lamps, Reflective Devices, and Associated Equipment*, and the National Traffic and Motor Vehicle Safety Act ('the Act') under which the standard was issued. This standard applies to the manufacture and sale of new motor vehicles. A device such as yours is permissible as original vehicle equipment as long as it does not impair the effectiveness of lighting equipment required by Standard No. 108. There is no indication in your descriptive literature that the effectiveness of parking lamps, headlamps, or the stop lamps would be impaired by the installation and operation of your device.; With respect to sale in the aftermarket for vehicles in use, you device is not prohibited under the Act if its installation by a person other than the vehicle owner does not render inoperative in whole or in part any lamps installed to comply with Standard No. 108. We see no indication that this would occur. However, such an installer should be aware of the wiring requirement in Standard No. 108 that taillamps, parking lamps, side marker lamps, and the license plate lamp shall be activated when the headlamps are on.; The rules for operation of vehicles in use are established by th individual States, and several of these may have restrictions on the use of headlamps during daylight hours. For further information on this subject you should write the American Association of Motor Vehicle Administrators, 1201 Connecticut Ave., N.W., Washington, D.C. 20036.; This agency has proposed that motor vehicles be equipped with daytim running lights, in a manner similar, though not identical, to the new requirement of the Canadian Ministry of Transport. If this proposal is adopted, the Act would prohibit any State from having a different standard than the Federal one. As of the effective date of such an amendment to Standard No. 108 daytime operation of frontal lighting should be permissible in all States.; If you have any further questions we will be pleased to answer them. Sincerely, Erika Z. Jones, Chief Counsel

ID: 8301

Mr. Guy Dorleans
International and Regulatory Affairs Manager
Valeo
34, rue Saint-Andre
93012 Bobigny Cedex
France

Dear Mr. Dorleans:

We have received your letter of January 22, 1993, asking for an interpretation of Motor Vehicle Safety Standard No. 108 as it relates to aimability of headlamps.

Valeo is currently studying new principles for aiming small circular headlamps. It appears that these headlamps will require unique aiming adaptors (meaning that the Hopkins universal adaptor cannot be used with them). These adaptors will be placed in the trunk of any vehicle with which they are supplied, and relevant instructions for use will be included in the vehicle operator's manual. Valeo has asked for confirmation that each version complies with Standard No. 108.

Standard No. 108 does not require that an aiming adaptor be provided with a motor vehicle, only that the vehicle's headlamps be capable of mechanical aim. Therefore there is no legal requirement that an adaptor be provided. However, without such an adaptor, an owner of a vehicle with the new headlamps may encounter difficulties at State inspection stations where the Hopkins adaptor is in use, and at repair facilities when headlamps are replaced or after body work has been performed that necessitates reaim of headlamps. Therefore we believe that provision of the adaptor and aiming information would enhance consumer acceptance of the new headlamps.

Sincerely,

John Womack Acting Chief Counsel ref:108 D:3/4/93

ID: nht93-2.6

DATE: 03/04/93

FROM: JOHN WOMACK -- ACTING CHIEF COUNSEL, NHTSA

TO: GUY DORLEANS -- INTERNATIONAL AND REGULATORY AFFAIRS MANAGER, VALEO LIGHTING

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 1-22-93 FROM GUY DORLEANS TO CHIEF COUNCEL, NHTSA

TEXT: We have received your letter of January 22, 1993, asking for an interpretation of Motor Vehicle Safety Standard No. 108 as it relates to aimability of headlamps.

Valeo is currently studying new principles for aiming small circular headlamps. It appears that these headlamps will require unique aiming adaptors (meaning that the Hopkins universal adaptor cannot be used with them). These adaptors will be placed in the trunk of any vehicle with which they are supplied, and relevant instructions for use will be included in the vehicle operator's manual. Valeo has asked for confirmation that each version complies with Standard No. 108.

Standard No. 108 does not require that an aiming adaptor be provided with a motor vehicle, only that the vehicle's headlamps be capable of mechanical aim. Therefore there is no legal requirement that an adaptor be provided. However, without such an adaptor, an owner of a vehicle with the new headlamps may encounter difficulties at State inspection stations where the Hopkins adaptor is in use, and at repair facilities when headlamps are replaced or after body work has been performed that necessitates reaim of headlamps. Therefore we believe that provision of the adaptor and aiming information would enhance consumer acceptance of the new headlamps.