ID: aiam0230

Dear Mr. Sugarman: In response to your letter of April 16 I enclose copies of Federa Motor Vehicle Safety Standards Nos. 107 (Reflecting Surfaces) and 108 (Lamps, Reflective Devices, and Associated Equipment). Copies of the ASTM and SAE standards cross-referenced in the Federal standards are available from the American Society for Testing and Materials and the Society of Automotive Engineers. You may find particularly helpful SAE Handbook Supplement 19, 'SAE Technical Reports Referenced in Federal Motor Vehicle Safety Standards'.; The answer to your first question is that Standard No. 108 require passenger cars manufactured on or after January 1, 1970, to be equipped with a total of 4 side marker lamps and 4 side marker reflectors, one marker and one reflector, amber in color, on each side of the vehicle 'as far forward as practicable', and one marker and one reflector, red in color, on each side of the vehicle, 'as far to the rear as practicable'. Between January 1, 1969 and January 1, 1970 the option of reflectors or markers, or a combination of the two was permitted. Prior to January 1, 1969 the Federal lighting standard did not apply to passenger cars. I will note in passing that the rear marker lamps on the Monteverdi displayed at the recent New York show were amber and must be changed to red before these vehicles are sold. There are no requirements as to size and shape of lamps and reflectors, but the SAE standard applicable to them and incorporated by reference in Standard No. 108 do set forth certain photometric requirements which must be met.; In answer to your second question, Table III of Standard No. 10 requires tail lamps to be red, but permits stop lamps and rear turn signals to be either red or amber. A proposal has been issued however (35 F.R. 106) that stop lamps be red only on passenger cars manufactured on or after January 1, 1971.; You have asked in your third question whether headlamps may be place in the grille. The answer to this is yes, provided that this location meets the lateral spacing and height above road surface requirements of Table IV of Standard No. 108. Also, headlamps must not be covered by a grille or plastic shield when in use.; Standard No. 107 does not specify a particular color for the horn rin and hub of the steering assembly but it does specify a maximum permissible value for specular glass.; Finally, other than Standard Nos. 205 (Glazing Materials) and 21 (windshield Mounting which all passenger cars must meet, there is no 'specific safety requirement as to the windshield' for convertibles, and there is no 'requirement as to a roll bar'.; Sincerely, Lawrence R. Schneider, Chief, Regulations Division

ID: 18652.ztv

Mr. Buddy King
Canada and Eastern Sales Manager
ARB Air Locker
1425 Elliott Avenue, W.
Seattle, WA 98119

Dear Mr. King:

This is in reply to your letter of August 19, 1998, asking for "a copy of the official guidelines on auxiliary lighting." Your company is the sole U.S. distributor for a line of motor vehicle lighting equipment manufactured in Japan, which is shown in a sales folder you enclosed with your letter.

In order to be imported into the United States, original and replacement motor vehicle lighting equipment must comply with Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices and Associated Equipment, if applicable, and be certified as complying with the standard. We use the term "auxiliary lighting" to refer to any item of lighting equipment that is not covered by the terms of Standard No. 108. After reviewing the sales folder you enclosed, it appears that only #816 Backup Lamp, the Head Lamp Replacements, and the Halogen Bulbs are covered by Standard No. 108. This means that the remainder of the lighting equipment shown in your folder is subject to no Federal requirement pertaining to its importation and sale.

Federal restrictions do exist with respect to the installation of the equipment. With respect to auxiliary lighting equipment installed on a vehicle by its manufacturer or dealer (prior to initial sale as a new vehicle), the equipment must not "impair the effectiveness" of lighting equipment required by Standard No. 108. For example, the driving lamps or fog lamps must not be mounted so close to the turn signal lamps required by Standard No. 108 that they obscure or render less visible the flashing of the turn signal lamp. The criteria for making this determination are in Standard No. 108 and SAE Standard J588 NOV84 Turn Signal Lamps, incorporated by reference. Similarly, if the equipment is installed after a vehicle's initial sale, by a "manufacturer, dealer, distributor, or motor vehicle repair business," the lamps as installed must not "make inoperative" any of the required lighting equipment, such as would occur if the turn signal were obscured or its signal degraded. Standard No. 108 imposes no requirements per se for driving lamps and fog lamps. States regulate auxiliary devices in various ways. We suggest you contact the American Association of Motor Vehicle Administrators (AAMVA) for information on how to obtain State approval for these devices. Its address is 4600 Wilson Boulevard, Arlington, VA. 22203.

Standard No. 108, on the other hand, specifies requirements for backup lamps and headlamps. The sales folder does not indicate whether #816 Backup Lamp complies with Standard No. 108, but the text for the "Head Lamp Replacements and Halogen Bulbs" clearly state that "These lamps are not DOT approved." Because DOT has no authority to approve or disapprove any equipment item, we interpret this phrase as meaning that the lamps lack a DOT symbol representing its manufacturer's certification of compliance with Standard No. 108. We do not know whether the #816 Backup Lamp and the three halogen bulbs bear a certification. Certification is required for all lighting equipment regulated under Standard No. 108 imported and sold in the United States. This certification is usually in the form of the symbol "DOT" placed on the item itself. Alternatively, it may appear on the exterior of the container in which the lighting equipment is sold.

We are particularly concerned about the Head Lamp Replacements because of the desire of many people to import headlamps that comply with ECE regulations. We reiterate, any replacement headlamps imported into the United States must be certified as complying with Standard No. 108.

If you have any further questions, please call Taylor Vinson who spoke with you earlier (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:108
d.9/22/98

ID: 15568.ztv

Mr. Walter E. Ellis
51 Silver Maple Way
Cincinnati, OH 45246

Dear Mr. Ellis:

This Office has received your letter of June 17, 1997, to the Office of Civil Rights of Handicapped, Department of Health, Chicago.

You are concerned about glare caused by upper beams of headlamps used during daylight hours, and believe that this deprives you of "the same civil rights of unrestricted vision" as would occur for wheelchair users were wheelchair ramps for stairs removed. You have asked for the procedure to exercise your civil rights and to correct the problem. You have also asked for a copy of "the law for the Civil Rights of the Handicapped."

This agency establishes the Federal Motor Vehicle Safety Standards which apply to the manufacture of motor vehicles. One of these, Standard No. 108, covers motor vehicle lighting. After evaluating data from Scandinavian countries which indicated that daytime use of headlamps had the potential to reduce vehicle crashes, and subsequent to Canada's requiring them on all new vehicles sold there, we amended Standard No. 108 to permit a vehicle manufacturer to install "daytime running lamps" (DRL). Thus, the original intent of allowing DRLs was for its potential safety benefit.

Under the American DRL standard, a manufacturer may use any pair of front lamps for the DRL feature, other than parking lamps (too small to be effective) or fog lamps (too bright). If the manufacturer chooses to use the headlamps as a DRL, either the upper or lower beam may be used. The lower beam DRL may be operated either at full or reduced intensity, but a DRL using the upper beam must be operated at reduced intensity as you have noted. As we are beginning to learn from the increasing numbers of vehicles on the road with DRLs, DRLs on some vehicles have resulted in a number of complaints of glare. I assure you that we are aware of these concerns and that we are reviewing possible ways of addressing them.

You might also be interested to know that the owner of a vehicle with DRLs has the right to have the system disconnected. However, the owner cannot have the dealer otherwise modify the performance of the DRL system as installed.

Regarding your assertion that your civil rights may have been violated, the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794 and 794(a), and Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. 12132, prohibit discrimination against any qualified individual with a disability, by reason of such disability. Specifically, these laws prohibit discrimination under any program or activity receiving Federal financial assistance, any program or activity conducted by an Executive agency, or any services, programs or activities of a public entity. The term "public entity" includes any State or local government or any department, agency, special purpose district, or other instrumentality of a State or States or local government.

If you believe there has been discrimination on the basis of your disability, you may file a complaint directly with the Department of Justice, who will refer it to an agency of the Federal government that has jurisdiction over the matter. Complaints must be filed no later than 180 days from the date of the alleged discrimination. Complaints may be filed on DOJ Form ADA-II No. 1190-007 (which may be requested by calling 202 514-0301) and should be forwarded to:

U.S. Department of Justice
Civil Rights Division
Coordination and Review Section
P.O. Box 66118
Washington, D.C. 20035-6118

Sincerely,
John Womack
Acting Chief Counsel
Enclosure
ref:108
d.9/29/97

ID: nht90-3.22

TYPE: Interpretation-NHTSA

DATE: July 19, 1990

FROM: T. Spingler, Robert Bosch, GmbH

TO: Rich v. Iderstine -- Office of Rulemaking, NHTSA

TITLE: FMVSS 108, S.3. Definitions

ATTACHMT: Attached to letter dated 8-2-90 to T. Spingler from P. J. Rice; (A35; Std. 108)

TEXT:

Five weeks ago (06/14/90) I discussed the word "bonded lens" with Larry Ayers, ETL, regarding headlamps with movable reflector and "VHAD". Usually we in Europe use rubber-seal and clips to fix the lens to the housing. To meet the requirements of FMVSS 108, Larry proposed to fix the lens of those headlamps by adding e.g. silicone-glue at four places between lens and housing to prevent the removal of the lens. Jerry Medlin, whom we called that day, agreed to that interpretation. To get an official int erpretation, I ask you to write me a letter regarding this "problem".

ID: nht69-2.4

DATE: 02/12/69

FROM: AUTHOR UNAVAILABLE; Charles A. Baker; NHTSA

TO: Scientific Brake & Equipment Company

TITLE: FMVSS INTERPRETATION

TEXT: Your letter of November 11, 1968, to Mr. Barkley Sweet, Truck Body and Equipment Association, concerning lighting for trucks equipped with snow plow blades, has been hand-carried by him to this Bureau for consideration and reply.

Federal Motor Vehicle Safety Standard No. 108 requires that all trucks be equipped with headlamps mounted at a height above the road surface not more than 54 inches. To effectively illuminate the road when its snow plow is in use, a truck often runt be equipped with additional headlamps at a height greater than 54 inches, and you are correct in installing these lights for dealers and purchasers.

With respect to the several specific questions listed on page 2 of your letter, I would point out that local and State regulations should be reviewed for possible requirements relating to the additional lamps used on trucks operating as snow-plowing vehicles.

ID: aiam4309

Dear Mr. Takechi: This responds to your letter requesting an interpretation of Standar No. 101, *Controls and Displays.* Your questions are responded to below.; By way of background information, the National Highway Traffic Safet Administration does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its motor vehicles or equipment comply with applicable safety standards. The following represents our opinion based on the facts provided in your letter.; Your first question concerns the identification requirements for master lighting switch. You stated your belief that if the headlamps and tail lamps are controlled by the master lighting switch, the switch is not required to be marked with any symbol other than that specified in Standard No. 101 for the master lighting switch. You also stated your belief that the manufacturer has an option to use other symbols in addition to that symbol. As discussed below, your understanding is correct.; Section S5.2.1(a) states: >>>Except as specified in S5.2.1(b), any hand- operated control liste in column 1 of Table 1 that has a symbol designated for it in column 3 of that table shall be identified by either the symbol designated column 3 (or symbol substantially similar in form to that shown in column 3) or the word or abbreviation shown in column 2 of that table.... Words or symbols in addition to the required symbol, word or abbreviation may be used at the manufacturer's discretion for the purpose of clarity....<<<; Column 3 of Table 1 designates the symbol shown in your letter for th master light switch. Also, footnote 2 of the Table states that separate identification is not required for headlamps and tail lamps if they are controlled by a master lighting switch. Thus, the master lighting switch symbol is sufficient identification under Standard No. 101 for the control identified in your letter.; A drawing provided with your letter shows various positions of th master lighting switch identified by a word or symbols, which are provided in addition to the master lighting switch symbol. As indicated in the above-quoted text, section S5.2.1(a) permits words or symbols in addition to the required symbol or word, for purposes of clarity.; Your second question concerns identification requirements for an uppe beam control. You stated that you believe no symbol is required for the upper beam control if it is on the turn signal lever, and that it is at the manufacturer's option to use a symbol.; Standard No. 101 does not specify any identification requirements fo an upper beam control, regardless of whether it is on the turn signal lever. Thus, the manufacturer has the option of deciding whether to identify the control and, if so, how to identify it. We note that the symbol you plan to use for future models is the same as designated in Standard No. 101 for the highbeam (upper beam) telltale. Thus, your planned approach appears desirable in minimizing the number of symbol's drivers must familiarize themselves with for the same function.; Sincerely, Erika Z. Jones, Chief Counsel

ID: aiam2083

Dear Mr. Schellhase: This responds to your May 29, 1975, letter to Mr. Vincent Esposito o the National Highway Traffic Safety Administration (NHTSA), in which you indicate your desire that a 'second independent means of stopping be made mandatory' on newly-manufactured motor vehicles.; Federal motor vehicle safety Standard No. 105-75 (49 CFR 571.105-75 becomes effective January 1, 1976, for passenger cars, and it establishes requirements for the service and parking brake systems of these vehicles (copy enclosed).The test procedures for parking brake testing specify that the service brake control be released in testing the parking brake system. This has the practical effect of requiring a separate parking brake similar to that specified by the Iowa law you cited in your letter.; Federal motor vehicle safety Standard No. 121, (49 CFR 571.121) becam effective January 1, 1975, for air-braked trailers and March 1, 1975 for air-braked trucks and buses (copy enclosed). It establishes requirements for the service and parking brake systems of these vehicles. Section S5.6.4 of the standard states that 'The parking brake control shall be separated from the service brake control.'; Section 103(d) of the National Traffic and Motor Vehicle Safety Act i 1966 (15 U.S.C. 1392(d)) provides that no State or political subdivision of a State may promulgate or continue in effect standards applicable to on aspect of motor vehicle or motor vehicle safety standard, unless the standards are identical.; As noted, STandard No. 105-75 and Standard No. 121 include requirement for the parking brake control aspect of braking performance. The Federal requirements must be regarded as conclusive with regard to this aspect of performance in order to maintain the uniformity necessary in a Federal regulation scheme. If States were permitted to impose additional requirements in an area regulated by a Federal safety standard manufacturers would be confronted with an impossible task of compliance. This reasoning formed the basis of a recent decision rendered in a case brought by the Motorcycle Industry Council, Inc. against the State of California in the United States District Court for the Eastern District of California concerning the preemption of a California State requirement that motorcycle headlamps be wired to operate when the engine is running. The Court held that the California requirement is preempted by the Federal Motor Vehicle Safety Standard No. 108 since the NHTSA intended to cover all aspects of performance directly involving motorcycle headlamps.; Therefore, requirements such as those described in your letter would b preempted by Standard No. 105-75 in the case of passenger cars, since the aspect of performance that would be affected is covers by the Federal standard. The same is true for motorcycles, covered by Standard No. 122, *Motorcycle Brake Systems*, and trucks, buses, and trailers equipped with air brake systems, covered by Standard No. 121.; With regard to trucks, buses, and multipurpose passenger vehicles tha are equipped with hydraulic brake systems, the NHTSA is in the process of developing a hydraulic brake standard. I have forwarded a copy of your letter to the NHTSA Office of Crash Avoidance for consideration in developing the standard in this area.; Sincerely, Frank A. Berndt, Acting Chief Counsel

ID: nht75-6.33

DATE: 07/10/75

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Cooney Equipment Company

TITLE: FMVSR INTERPRETATION

TEXT: Your letter of June 17, 1969, to Mr. Donald Morrison of the Bureau of 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 Safety 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 "running 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.

ID: nht68-2.44

DATE: 12/17/68

FROM: AUTHOR UNAVAILABLE; Charles A. Baker; NHTSA

TO: Perley A. Thomas Car Works, Incorporated

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of November 19, 1968, to Mr. E. Leysath of 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, which 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 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, 1963 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.

ID: 11495ZTV

Mr. Anil Anand
Director (Engg.)
Fiem Industries Ltd.
C-171, Mayapuri Industrial Area, Phase II
New Delhi 110 064
India

Dear Mr. Anand:

We have received your letter of December 14, 1995, with respect to obtaining "SAE/DOT approval" for certain items of motorcycle lighting equipment, specifically headlamps, taillamps, and "blinker lamp assy front/rear." By this, we believe you refer to "turn signal lamps." This is the term for them in the U.S. lighting standard, Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment.

Your letter indicates that Fiem Industries will supply lighting equipment to a manufacturer of motorcycles who will install the equipment and export the completed motorcycle to the United States. Under our laws, before a motorcycle is admitted to the U. S., the manufacturer must place on it a label certifying that the motorcycle complies with all applicable U.S. Federal motor vehicle safety standards (including the lighting standard). Our laws do not require the motorcycle manufacturer to obtain SAE/DOT approval before this label is affixed. Indeed, we are not authorized to test a manufacturer's products and provide approvals.

This self-certification process means that the motorcycle manufacturer must find its own ways of assuring itself that its vehicle complies with the U.S. standards before placing the label on it. It has asked Fiem to obtain SAE/DOT approval. This method is not possible. What is possible is for Fiem to have the lamps tested in India or the U.S. according to the test procedures specified in Federal Motor Vehicle Safety Standard No. 108 or the SAE Standards which are incorporated into it. If the lamps pass the tests, Fiem can show the test documentation to the motorcycle manufacturer as an assurance that the lamps have been designed to conform to U.S. requirements. However, because of production tolerances and the chance of human error, Fiem should retest production

lamps from time to time to ensure that the lamps which it provides the motorcycle manufacturer continue to conform to U.S. requirements. Indeed, the motorcycle manufacturer should insist that Fiem do so (or conduct its own occasional verification testing).

We are authorized to enforce the safety standards through our own tests, and if we find that Fiem's lighting equipment on the motorcycle does not conform, the motorcycle manufacturer will be required to recall the machines and repair them. It will also have to pay a civil penalty unless it can assure us that it exercised reasonable care. Thus its relationship with Fiem bears upon the question of whether it has exercised reasonable care.

You also asked for "the procedure and test specifications." The requirements for taillamps are those of SAE J585e, September 1977. The requirements for turn signal lamps are those of SAE J588 NOV84, except that Standard No. 108 (a) allows motorcycle turn signal lamps to meet only one-half the minimum photometric values specified in Table 1 and Table 3 of SAE J588, and (b) requires the turn signal lamp to have an effective projected luminous area of not less than 3 1/2 square inches; for turn signal operating unit, SAE J589, April 1964; for turn signal flasher, SAE J590b, October 1965. The requirements for headlamps are those of SAE J584, April 1964. I am enclosing a copy of each of these, as well as the test procedures incorporated by reference in the SAE materials. However, under Standard No. 108, a motorcycle sold in the U.S. may also be equipped with one half of certain types of passenger car headlighting systems. We are not enclosing copies of passenger car headlighting standards. If the motorcycle manufacturer is intending to equip its vehicles with a headlighting system using a passenger car headlamp, please inform us of the type and we will be pleased to provide you with the appropriate standards.

Although you did not ask about them, Standard No. 108 also requires motorcycles to be equipped with stop lamps, license plate lamps, and red and amber reflex reflectors. If you intend to supply these and have any questions about them or other motorcycle lighting requirements, you may FAX them to us at 202-366-3820, Attention: Taylor Vinson.

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosures ref:108 d:3/4/96