ID: 9865

Mr. Richard Kreutziger
Executive Director
New York State Bus Distributors Ass'n
102 Grace Street
Penn Yan NY 14527

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 ref:108 d:4/25/94

ID: 21499.ztv

Mr. Walter Lewis
Senior Compliance Engineer
Porsche Cars North America, Inc.
980 Hammond Drive
Suite 1000
Atlanta, GA 30328

Dear Mr. Lewis:

We are responding to your letter of April 6, 2000, asking for an interpretation of S5.5.7(b) of Federal Motor Vehicle Safety Standard No. 108 as it applies to Porsche's "Coming Home Light."

Paragraph S5.5.7(b) requires that the taillamps, parking lamps, license plate lamps and side marker lamps be activated when the headlamps are activated in a steady-burning state. Porsche's "Coming Home Light" illuminates the environment around the car "by energizing the headlamps for a short period of time after the key is removed from the ignition." You believe that there is no safety benefit from illuminating these other lamps during the period that the "Coming Home Light" is in use, and ask for an interpretation that it is not subject to S5.5.7(b).

We agree with your conclusion. Devices of this nature have been installed on motor vehicles for over 20 years. The "Coming Home Light" feature is not in use when the vehicle is being operated on roadways, and is activated only when the vehicle is at rest and the ignition key removed. The purpose of Standard No. 108, as stated in S2, is "to reduce traffic accidents. . . by providing adequate illumination of the roadway and by enhancing the conspicuity of motor vehicles on the public roads so that their presence is perceived and their signals understood . . . ." The use of headlamps for a purpose other than those prescribed in S2 does not require compliance with the requirements of Standard No. 108. Thus, S5.5.7(b) does not apply in this instance, and the lamps listed therein need not be activated when the headlamps are activated in the "Coming Home Light" mode.

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

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:108
d.6/19/00

ID: nht94-2.56

TYPE: Interpretation-NHTSA

DATE: April 25, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Richard Kreutziger -- Executive Director, New York State Bus Distributors Ass'n.

TITLE: None

ATTACHMT: Attached to letter dated 4/13/94 from Richard Kreutziger to John Womack (OCC-9865)

TEXT:

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, reg ardless 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 inche s 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 activat es the clearance and identification lamps.

ID: nht94-6.11

DATE: April 25, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Richard Kreutziger -- Executive Director, New York State Bus Distributors Ass'n.

TITLE: None

ATTACHMT: Attached to letter dated 4/13/94 from Richard Kreutziger to John Womack (OCC-9865)

TEXT:

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.

ID: aiam3776

Dear Mr. Duvall: We have received your letter of October 27, 1983, informing us of you plans to provide a front-end replacement kit for 1971-77 Chevrolet Vegas. You have asked whether incorporating a 1973 bumper mounting hardware will meet safety regulations. You have also asked for a copy of front lighting requirements, and for information on how you may certify your kit for national distribution.; As you have not provided us with a description of all equipment item in the kit, I can offer only general guidance. There are very few requirements for fabricators of kits intended to modify used vehicles. The Federal motor vehicle safety standards are of two types: those that apply to vehicle systems, and those that apply to individual equipment items. The so-called 'bumper standard' is an example of a systems standard. Standard No. 215, *Exterior Protection*, which applied to passenger cars manufactured between September 1, 1972, and September 1, 1978, did not directly apply to the bumper itself but established a level of damage resistance to be met by the vehicle in low-speed frontal impacts.; On the other hand, the vehicle lighting standard applies to bot lighting systems and replacement lighting equipment. The primary statutory obligation of a kit supplier lies in this area--to determine if any item of equipment in the kit is covered by an equipment standard, and then to insure that the item meets the standard. For example, Standard No. 108, *Lamps, Reflective Devices, and Associated Equipment*, required 1971-77 Chevrolet Vegas to be equipped with sealed beam headlamps. Were unsealed European headlamps to be furnished as part of the kit, that sale would be in violation of the National Traffic and Motor Vehicle Safety Act. Other equipment standards cover brake hoses, tires, brake fluids, glazing, and seat belts. Usually the manufacturer of equipment items covered by standards will certify compliance with Federal requirements by marking them with the symbol 'DOT'. In that event, no recertification by the kit supplier is required.; A further important obligation of a kit supplier is to insure tha safety-related defects are absent, or do not develop, in any motor vehicle equipment that he fabricates. If such occur, he is required to notify purchasers and remedy the defects.; There is also a provision of the Safety Act that has some relevance t your operation. Although a vehicle owner may modify his car in any manner he chooses, a restriction is established on modifications by others. That restriction is that 'no device or element of design' added to a vehicle enabling it to comply with a safety standard shall be 'rendered inoperative in whole or in part.' Thus, were a repair shop to remove the Vega front end and replace it with yours, the shop must insure that the Vega upon reassembly remains in compliance with the standards that originally applied to it. Although the kit supplier is not required under the Safety Act to insure that the Vega continues to comply with Standard No. 215, such insurance obviously assists the modifier in meeting its Federal responsibilities, and your incorporation of a 1973 bumper and attachments is helpful. The modified Vega must also continue to meet Federal lighting requirements, such as being equipped with front side marker lamps, and having no cover or other object over the headlamps when they are in use.; To assist you, I enclose copies of Standards Nos. 108 and 215 as the were in effect on October 1, 1977, the requirements were substantially the same for the other years in which you are interested. There is no charge and I am returning your check. If you have further questions, we shall be happy to answer them.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam2318

Dear Ms. Black:#This is in response to your letter of March 29, 1976 concerning the requirements of Federal Motor Vehicle Safety Standard No. 101, *Control Location, Identification, and Illumination*, for identification of the headlamps and taillamps control.#Your letter presented two symbols specified by the International Standards Organization as alternative for identification of the master lighting switch. One of these appears in Column 4 of Table 1 of the standard and the other does not appear anywhere in the table. The headlamps and taillamps control (master lighting switch) is required by S4.2.1 to be identified with the word 'Lights'. The manufacturer may supplement this identification with a symbol, but only with a symbol that appears in Column 3 or Column 4 of TAble 1. In issuing the amendment to the standard published July 29, 1975 (40 FR 31770, copy enclosed), the National Highway Traffic Safety Administration considered both ISO symbols and decided not to permit the one that does not appear in the table.#Yours truly, Stephen P. Wood, Assistant Chief Counsel;

ID: aiam2317

Dear Ms. Black:#This is in response to your letter of March 29, 1976 concerning the requirements of Federal Motor Vehicle Safety Standard No. 101, *Control Location, Identification, and Illumination*, for identification of the headlamps and taillamps control.#Your letter presented two symbols specified by the International Standards Organization as alternatives for identification of the master lighting switch. One of these appears in Column 4 of Table 1 of the standard and the other does not appear anywhere in the table. The headlamps and taillamps control (master lighting switch) is required by S4.2.1 to be identified with the word 'Lights'. The manufacturer may supplement this identification with a symbol, but only with a symbol that appears in Column 3 or Column 4 of Table 1. In issuing the amendment to the standard published July 29, 1975 (40 FR 31770, copy enclosed), the National Highway Traffic Safety Administration considered both ISO symbols and decided not to permit the one that does not appear in the table.#Yours truly, Stephen P. Wood, Assistant Chief Counsel;

ID: aiam0126

Dear Mr. Tydings: Thank you for your letter of November 19, 1968, to Mr. E. Leysath o this Bureau, concerning a clarification of the requirements of paragraph S3.4.3 of Federal Motor Vehicle Safety Standard No. 108.; As you indicated, paragraph S3.4.3 of initial Standard No. 108, whic was published in the *Federal Register* on February 3, 1967, required that tail lamps, license plate lamps, and side marker lamps be illuminated when the headlamps are illuminated. The effective date of the initial standard was January 1, 1968. However, on December 16, 1967, an amendment to the initial standard was published in the *Federal Register*. This amendment delayed the effective date of paragraph S3.4.3 until May 1, 1968, and in addition revised that paragraph to require, as a minimum, that the fail (sic) lamps be illuminated when the headlamps are illuminated. Therefore, the requirements of paragraph S3.4.3 were not applicable to vehicles manufactured during the period of January 1, 1968 through April 30, 1968. During that period, selection of the lamp switching arrangement was at the option of the vehicle manufacturer.; Thank you for writing. Sincerely, Charles A. Baker, Office of Standards on Accident Avoidance Motor Vehicle Safety Performance Service;

ID: aiam3485

Dear Mr. Gordon: Secretary Lewis has referred your letter of October 6, 1981, to thi office for reply. You have requested, in essence, a 'waiver' pursuant to the Regulatory Flexibility Act of the requirements of Motor Vehicle Safety Standard No. 108 that vehicle headlamps be of sealed beam construction.; There is no legal way such a request could be implemented through th Regulatory Flexibility Act itself. That Act urges regulatory agencies to use their existing statutory authority to accommodate small businesses where appropriate to do so. Modifications of regulations issued pursuant to the National Traffic and Motor Vehicle Safety Act occur through normal rulemaking procedures conducted in accordance with the Administrative Procedure Act. This agency has no current plan to engage in rulemaking allowing importation and sale in the aftermarket of European-type unsealed headlamps, and has consistently denied petitions for such rulemaking over the last few years. Further, we have no authority to grant exemptions or other waivers to manufacturers or importers of motor vehicle equipment.; However, the agency is always interested in new headlighting ideas, an I enclose a copy of a Notice of Request for Comments which we recently issued, that I think you will find of interest.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam0167

Dear Mr. Beamer: Your letter of June 17, 1969, to Mr. Donald Morrison of the Bureau o Motor Carrier Safety, concerning switching arrangements for running lamps, has been transferred to this Office for consideration and reply.; Enclosed for your information is a copy of Federal Motor Vehicle Safet Standard No. 108 on lighting requirements for motor vehicles. This standard is applicable to new vehicles manufactured on or after the effective date of January 1, 1969. Special wiring requirements, such as lamp switching arrangements, are included in paragraphs S3.4 through S3.4.7 of the standard.; We do not completely understand your usage of the term 'runnin lights.' If you are referring only to tail lamps, your attention is invited specifically to paragraph S3.4.3 of the standard which is quoted as follows: 'As a minimum the tail lamps shall be illuminated when the headlamps are illuminated except when the headlamps are being flashed.' The switching arrangements for other 'running lights,' such as clearance lamps and identification lamps, are at the option of the vehicle manufacturer.; Thank you for writing. Sincerely, Charles A. Baker, Office of Standards on Accident Avoidance Motor Vehicle Safety Performance Service;