ID: nht92-7.34

DATE: April 21, 1992

FROM: Al Twyford

TO: Associate Administrator for Safety, Federal Highway Administration

TITLE: None

ATTACHMT: Attached to letter dated 5/14/92 from Paul J. Rice to Al Twyford (A39; Std. 108)

TEXT:

I would like to voice a complaint about some makes of new cars that have two sets of headlights (4), which operate at the same time. When approaching these vehicles at night, going in the opposite direction, it has the same effect as a car approaching my vehicle with the high beam headlights on. I have had conversations with the California Highway Patrol and Department of Motor Vehicles, and they claim that these headlamps are approved for auto manufacturers by your department. They claim they can do nothing about the problem, without a change on the matter by your agency.

If you are committed to Highway Safety, why would you approve these headlamps for automobiles? Night driving is bad enough, without adding more vehicles to the highway with these extra bright lights which have the effect of highbeam brightness. I would like to ask that you re-examine your approval of these extra headlamps, and do some further testing under night time driving conditions. I personally have responded to these automobiles with the four lights with a dose of my highbeams to get these drivers to turn off the extra set of headlights. This doesn't seem to work as they either don't realize what they are doing to oncoming traffic, or can't turn off the lower set of lights. I might add that from the rear of my vehicle, it's the same problem; the approaching vehicle has the effect on me of highbeam lights in my rear view mirror and side view mirror.

I would appreciate some feedback on this problem, and what you propose to do about it. If you do nothing, I plan to take this matter up with Congressmen and U.S. Senators.

Thank you.

ID: 1983-3.13

TYPE: INTERPRETATION-NHTSA

DATE: 10/20/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Liberty Square

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. P. T. Miller 90 W. 79th Avenue Liberty Square P.O. Box G Merriville, Indiana 46410

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 SAE 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 in rectangular sizes smaller than those used on passenger cars, i.e.,4" by 6". 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 assistance.

Sincerely,

Frank Berndt Chief Counsel

Reference # 3-1538

September 27, 1983

P. T. Miller 90 W. 79th Avenue Liberty Square P. 0. Box G Merriville, Indiana 46410

Dear Mr. Miller:

This is in response to your letter about standards for sizes of motorcycle headlights.

I was unable to locate information on Department of Commerce standards in this area. However, Mr. Taylor Vinson of the Chief Counsel's Office of the National Highway Traffic Safety Administration advised me that Federal transportation laws and standards have been under the jurisdiction of that agency since 1969. He asked me to send him a copy of your letter so that he could investigate your question and answer you directly.

Any further requests on this matter should be sent to:

Taylor Vinson Office of Chief Counsel, Room 5219 National Highway Traffic Safety Administration 400 7th Street, S.W.

Washington, D. C. 20590 (202) 426-9511

Sincerely,

Christopher Benya Office of Consumer Affairs

cc: Taylor Vinson

September 9, 1983

Department of Commerce 14th St. East St. Northwest Room 5725 Washington D. C. 20230

Attention: Lee Gray Director of Consumer Affairs

RE: Our File No. 8-309072-1 Our Insured: Thomas Daniels Loss of: 8-12-83

Dear Mr. Gray:

I am investigating a serious accident involving an automobile and a motorcycle and the investigating police officer in his report stated that the light on the motorcycle was a custom light approximately 2 1/2" by 5" and was smaller that a stock light.

A check of the Indiana Statute regarding lamps or reflectors on motorcycles states that no motorcycles shall be operated on public streets or highways by a resident of this state that is not equipped with a lamp or reflectors meeting the standards of the US Dept. of Commerce as amended. You will note that they refer to the standards set by the Department of Commerce.

If you could forward to this office a copy of the directive showing the standards of headlights required on motorcycles that the Indiana Law refers to.

Your help will be greatly appreciated.

Very truly yours,

P. T. Miller Asst. Distr. Claim Manager

66 E. SOUTH WATER ST./CHICAGO, IL 60601/(312) 372-1818

ID: 11660ZTV

Mr. Yoshiaki Matsui
Manager, Automotive Equipment
Legal & Homologation Section
Stanley Electric Co. Ltd.
2-9-13, Nakameguro, Meguro-ku
Tokyo 153, Japan

Dear Mr. Matsui:

We have received your letter of March 13, 1996, asking for an interpretation of the word "replaceable" with respect to the replaceable light sources permitted by Motor Vehicle Safety Standard No. 108 for use in motor vehicle headlamps. This information will assist you in the development of HID headlamps.

You ask whether "replaceable" as used in paragraph S7.7 means that access should be provided for convenient replacement without the use of special tools, which is a specific requirement of Standard No. 108 for light sources for the center highmounted stop lamp. The answer is no; there is no requirement that replaceable light sources be replaceable without the use of special tools.

We recognize that HID light sources may be designed for the life of the vehicle on which they are installed, and, optimally, would require replacement only in the event of front end damage. However, NHTSA believes it is in the interest of safety that light sources that are not designed for such longevity should be replaceable in a simple manner. When the agency amended Standard No. 108 to permit replaceable light sources (48 FR 24690, June 2, 1983), the replaceable light sources that were initially produced had bayonet mountings, which provided positive one-way insertion of the bulb into the reflector assembly. This allowed owner-replacement of the light source, a safety benefit used in justification of the final rule: "The easy replacement of the bulb may result in faster replacement of burned out headlamps." Thirteen years later, headlighting systems have become more complicated in a way that the agency did not foresee then, but the principle of simplicity of replacement of the light source remains.

If you have further questions you may refer them to Taylor Vinson of this Office (FAX 202-366-3820).

Sincerely,

Samuel J. Dubbin Chief Counsel ref:108 d:4/24/96

ID: 1985-01.38

TYPE: INTERPRETATION-NHTSA

DATE: 02/27/85

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mr. H. Horiyoshi Mazda (North America), Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. H. Horiyoshi Executive Vice President and General Manager Mazda (North America), Inc. 24402 Sinacola Court Farmington Hills, MI 48018

Dear Mr. Horiyoshi:

This is in reply to your letter of November 21, 1984, asking for an interpretation of Motor Vehicle Safety Standard No. 108 as it would apply to a contemplated parking lamp system.

Usually passenger cars are designed with two parking lamps, one on each side of the vehicle front. Mazda would have two such lamps on each vehicle side, each of the two lamps flanking the headlamp. You have asked whether, in determining the H-V axis, one takes the axis as the center of each lamp, or should one consider the pair a single device and place the H-V axis at the midpoint between them.

Standard No. 108 requires passenger cars to be equipped with a minimum of two parking lamps, located "as far apart as practicable." Therefore, the outermost parking lamp, (the one located between the turn signal lamp and the headlamp) is the lamp that must meet the parking lamp requirements of Standard No. 108, and the H-V axis for purposes of compliance would be determined at the center of the lens of that lamp. Supplementary lighting equipment is permissible under Standard No. 108 and does not have to meet the standard's requirements, but it must not impair the effectiveness of the lighting equipment required by the standard (paragraph S4.1.3). Because of the difference in candela between parking lamps and headlamps, information available to us does not indicate that your supplementary parking lamp would have this effect, and consequently, the design would be permitted.

I hope that this answers your questions.

Sincerely,

Original Signed By Frank Berndt Chief Counsel

ID: 77-1.5

TYPE: INTERPRETATION-NHTSA

DATE: 01/18/77

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Marchal America

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of December 17, 1976, asking whether 15 U.S.C. 1392(d) permits the installation of quartz halogen headlamps on State-owned vehicles. It is understood that these headlamps are manufactured in France, and are not of sealed beam construction. Thus they do not conform to Motor Vehicle Safety Standard No. 108. Your letter also commented that certain "state highway and law enforcement agencies . . . have indicated . . . that they prefer the quartz halogen units but are reluctant to install these units in their state vehicles because they are not of an approved type."

Importation and sale of nonconforming motor vehicle equipment is expressly forbidden by Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act. A civil penalty of up to $ 1,000 may be imposed for each violation. Therefore, quartz halogen headlamps that do not conform to Standard No. 108 may not be imported into the United States and sold to State agencies.

Your inquiry appears premised that such may be allowable pursuant to Section 1392(d) which reads in pertinent part:

Nothing in the section shall be construed to prevent . . . the government of any State or political subdivision thereof from establishing a safety requirement applicable to motor vehicle or motor vehicle equipment procured for its own use if such requirement establishes a higher standard of performance than that required to comply with the otherwise applicable federal standard.

Section 1392(d) reflects a primary purpose of the National Traffic and Motor Vehicle Safety Act that there be uniform national safety standards for the manufacture of motor vehicles, and that the flow of interstate commerce not be burdened by differing requirements among the States. An exception is made, however, that allows the States to set higher standards for vehicles manufactured for State use. Section 1392(d) would be inapplicable to your fact situation which, as we understand it, involves a conversion after purchase, and does not involve a procurement specification affecting the vehicle manufacturer.

ID: 2401y

Mr. George B. Maday
President
Network USA Inc.
136 Walker St., SW
Atlanta, GA . 30313-1326

Dear Mr. Maday:

This is in reply to your letter with respect to the automatic light switching device whose potential for the U.S. market you are assessing. The device automatically activates the headlamps at a pre-determined (but adjustable) level of darkness. There is a manual override for the operator. I regret the delay in responding.

You have asked two questions:

"l. What legislation is in force or pending regarding the mandatory utilization of such daytime running lights for vehicles?"

None. The agency once proposed that motor vehicles be equipped with daytime running lamps as an option, but it terminated rulemaking on this subject without taking action.

"2. What regulations, standards, forms, etc. have to be submitted to you or the appropriate agency to ensure that the product meets any U.S. specifications or standards prior to importation.

None. There are no Federal motor vehicle safety standards that apply to this item of motor vehicle equipment. However, if you intend it to be installed as an item of original equipment, it must not create a noncompliance with Motor Vehicle Safety Standard No. l08 Lamps, Reflective Devices, and Associated Equipment, or result in an impairment of the effectiveness of the lighting equipment that the standard requires. For example, the standard requires the taillamps to be activated when the headlamps are activated. Therefore, when your device activates the headlamps, the taillamps must also be activated. Though expressed in somewhat different terms, the acceptability of your device in the aftermarket is governed by a similar consideration: it may not be installed by a motor vehicle manufacturer, distributor, dealer or repair business if the installation would render inoperative any element of design or device installed in accordance with Standard No. l08. The device would remain subject to the laws of any State in which it is sold or operated. We are unable to advise you as to its acceptability under State laws, and recommend that you consult the American Association of Motor Vehicle Administrators (AAMVA), 4600 Wilson Boulevard, Arlington, Va. 22203.

Sincerely,

Stephen P. Wood Acting Chief Counsel

ref:l08 d:4/8/90

ID: nht90-2.1

TYPE: INTERPRETATION-NHTSA

DATE: APRIL 8, 1990

FROM: STEPHEN P. WOOD -- ACTING CHIEF COUNSEL, NHTSA

TO: GEORGE B. MADAY -- PRES., NETWORK USA INC.

TITLE: NONE

ATTACHMT: LETTER DATED 11-19-89 TO ADMINISTRATOR, NHTSA, FROM GEORGE B. MADAY ATTACHED. TEXT:

This is in reply to your letter with respect to the automatic light switching device whose potential for the U.S. market you are assessing. The device automatically activates the headlamps at a pre-detetmined (but adjustable) level of darkness. There is a manual override for the operator. I regret the delay in responding.

You have asked two questions:

1. What legislation is in force or pending regarding the mandatory utilization of such daytime running lights for vehicles?"

None. The agency once proposed that motor vehicles be equipped with daytime running lamps as an option, but it terminated rulemaking on this subject without taking action.

2. What regulations, standards, forms, etc. have to be submitted to you or the appropriate agency to ensure that the product meets any U.S. specifications or standards prior to importation.

None. There are no Federal motor vehicle safety standards that apply to this item of motor vehicle equipment. However, if you intend it to be installed as an item of original equipment, it must not create a noncompliance with Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment, or result in an impairment of the effectiveness of the lighting equipment that the standard requires. For example, the standard requires the taillamps to be activated when the headlamps are activated. Therefore, when your device activates the headlamps, the taillamps must also be activated. Though expressed in somewhat different terms, the acceptability of your device in the aftermarket is governed by a similar consideration: it may not be installed by a motor vehicle manufacturer, distributor, dealer or repair business if the installation would render inoperative any element of design or device installed in accordance with Standard No. 108. The device would remain subject to the laws of any State in which it is sold or operated. We are unable to advise you as to its acceptability under state laws, and recommend that you consult the American Association of Motor Vehicle Administrators (AAMVA), 4600 Wilson Boulevard, Arlington, Va. 22203.

ID: 11371

Mr. Richard L. Russell
12475 Central Avenue
Suite 352
Chino, CA 91710

Dear Mr. Russell:

This responds to your FAX of November 15, 1995, to Blane Laubis of this agency, asking for an interpretation of Federal lighting regulations as they may affect your plans to modify your 1956 Jeep.

You wish to add two additional auxiliary lights to supplement your upper beams, and you ask whether these lights are "required to be DOT approved." The answer is no; the DOT regulation on motor vehicle lighting (Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment does not prescribe requirements for lamps intended to supplement the headlamps, and thus the lamps of which you speak do not have to be certified as meeting Standard No. 108. As a matter of information, your use of the words "DOT approved" reflects a common misconception. We have no authority to approve or disapprove lighting equipment. Under our statute, a lighting (or vehicle) manufacturer is required to certify that its equipment (or vehicle) meets Standard No. 108 (if it is replacement equipment included in the standard), and the use of the DOT symbol on the item is the most frequently used method of certification. This means that the "DOT approved" headlamps on your 1956 Jeep are probably replacement sealed beams with DOT markings on them.

You ask whether there is any limitation to bulb wattage for auxiliary lamps used to supplement the headlamps when used on the upper beam. There is no wattage limitation; however, if auxiliary lamps were installed by the dealer on a new vehicle before its first sale, we would regard the vehicle manufacturer's certification as negated if the brightness and location of the auxiliary lamps were such as to affect an oncoming driver's ability to perceive the front turn signals.

Although your Jeep was manufactured long before the effective date of Standard No. 108 (January 1, 1969), we ask you to

consider this safety concern when adding auxiliary lamps. We do not know the local laws on this subject, and recommend that you seek advice from the Department of California Highway Patrol.

If you have any further questions, Taylor Vinson of this Office will answer them for you (phone 202-366- 5263).

Sincerely,

Samuel J. Dubbin Chief Counsel

ref:108 d:12/22/95

ID: nht95-5.10

TYPE: INTERPRETATION-NHTSA

DATE: December 22, 1995

FROM: Samuel J. Dubbin -- Chief Counsel, NHTSA

TO: Richard L. Russell

TITLE: NONE

ATTACHMT: 11/15/95 letter from Rick Russell to Blane Laubis

TEXT: This responds to your FAX of November 15, 1995, to Blane Laubis of this agency, asking for an interpretation of Federal lighting regulations as they may affect your plans to modify your 1956 Jeep.

You wish to add two additional auxiliary lights to supplement your upper beams, and you ask whether these lights are "required to be DOT approved." The answer is no; the DOT regulation on motor vehicle lighting (Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment does not prescribe requirements for lamps intended to supplement the headlamps, and thus the lamps of which you speak do not have to be certified as meeting Standard No. 108. As a matter of informa tion, your use of the words "DOT approved" reflects a common misconception. We have no authority to approve or disapprove lighting equipment. Under our statute, a lighting (or vehicle) manufacturer is required to certify that its equipment (or vehicle) meets Standard No. 108 (if it is replacement equipment included in the standard), and the use of the DOT symbol on the item is the most frequently used method of certification. This means that the "DOT approved" headlamps on your 1956 Jeep are probably replacement sealed beams with DOT markings on them.

You ask whether there is any limitation to bulb wattage for auxiliary lamps used to supplement the headlamps when used on the upper beam. There is no wattage limitation; however, if auxiliary lamps were installed by the dealer on a new vehicle before it s first sale, we would regard the vehicle manufacturer's certification as negated if the brightness and location of the auxiliary lamps were such as to affect an oncoming driver's ability to perceive the front turn signals.

Although your Jeep was manufactured long before the effective date of Standard No. 108 (January 1, 1969), we ask you to consider this safety concern when adding auxiliary lamps. We do not know the local laws on this subject, and recommend that you seek advice from the Department of California Highway Patrol.

If you have any further questions, Taylor Vinson of this Office will answer them for you (phone 202-366-5263).

ID: nht95-7.65

TYPE: INTERPRETATION-NHTSA

DATE: December 22, 1995

FROM: Samuel J. Dubbin -- Chief Counsel, NHTSA

TO: Richard L. Russell

TITLE: NONE

ATTACHMT: 11/15/95 letter from Rick Russell to Blane Laubis

TEXT: This responds to your FAX of November 15, 1995, to Blane Laubis of this agency, asking for an interpretation of Federal lighting regulations as they may affect your plans to modify your 1956 Jeep.

You wish to add two additional auxiliary lights to supplement your upper beams, and you ask whether these lights are "required to be DOT approved." The answer is no; the DOT regulation on motor vehicle lighting (Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment does not prescribe requirements for lamps intended to supplement the headlamps, and thus the lamps of which you speak do not have to be certified as meeting Standard No. 108. As a matter of information, your use of the words "DOT approved" reflects a common misconception. We have no authority to approve or disapprove lighting equipment. Under our statute, a lighting (or vehicle) manufacturer is required to certify that its equipment (or vehicle) meets Standard No. 108 (if it is replacement equipment included in the standard), and the use of the DOT symbol on the item is the most frequently used method of certification. This means that the "DOT approved" headlamps on your 1956 Jeep are probably replacement sealed beams with DOT markings on them.

You ask whether there is any limitation to bulb wattage for auxiliary lamps used to supplement the headlamps when used on the upper beam. There is no wattage limitation; however, if auxiliary lamps were installed by the dealer on a new vehicle before its first sale, we would regard the vehicle manufacturer's certification as negated if the brightness and location of the auxiliary lamps were such as to affect an oncoming driver's ability to perceive the front turn signals.

Although your Jeep was manufactured long before the effective date of Standard No. 108 (January 1, 1969), we ask you to consider this safety concern when adding auxiliary lamps. We do not know the local laws on this subject, and recommend that you seek advice from the Department of California Highway Patrol.

If you have any further questions, Taylor Vinson of this Office will answer them for you (phone 202-366-5263).