ID: aiam4325

Dear Mr. de Langen: This replies to your letter to Wayne Vance of this Department. You hav asked for advice 'on how the existing standards and legislation regarding the color of motor vehicle lights can be amended', as you have developed a new accident reduction device. I regret the delay in this response.; In the United States, Federal Motor Vehicle Safety Standard No. 108 *Lamps, Reflective Devices, and Associated Equipment*, establishes requirements for lighting devices that required as original equipment on motor vehicles, and for those that are intended to replace them. These are basic lighting equipment items such as headlamps, taillamps, and the new center high-mounted stop lamp, to name only a few. The standard does not cover certain types of lamps that are usually provided as optional equipment (e.g., fog lamps) because there is no demonstrated need for them on a universal basis in the United States. If you wish to have your device considered as a mandatory item of motor vehicle equipment, or if you which to change the color of a required lighting item, you may petition the agency for rulemaking to change Standard No. 108. I enclose(sic) a copy of our regulation on petition procedures, 49 CFR Part 552.; Since your letter does not describe your device in any detail, I canno say how the current standard would apply to it. If your particular device is not expressly covered by the standard and if you wish to offer your device as an optional item that a manufacturer could install as original equipment, then your device is subject only to the general requirement in paragraph S4.1.3 of the standard that the installation of the device on a new vehicle not impair the effectiveness of the lighting equipment that the standard requires. Regardless of whether your device is subject to any specific requirements in the standard, its installation on a new or used vehicle must not render inoperative in whole or in part any lighting item installed as original equipment under the standard. S108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act. Further, if you wish to offer the device in the aftermarket and available for both new and used vehicles, it will be subject to the laws of the individual States in which it will be sold and used.; These are the general rule that apply to the situation you outlined i your letter. We would be pleased to answer any further specific questions you may have.; Sincerely, Erika Z. Jones, Chief Counsel

ID: aiam4774

Dear Mr. Rademacher: This is in reply to your letter of May 8, l990, t Stephen P. Wood of this Office, asking for reconsideration of a recent interpretation of Standard No. 108. We assume you mean our letter of January 9, 1990, to Howard Kossover of Oklahoma City. That interpretation stated that if rear lamps on a semi-trailer were mounted 27 inches forward of the rear edge of the vehicle, they were not mounted 'on the rear', the location specified by Standard No. 108. We also observed that compliance with the 45-degree visibility requirements in that location appeared questionable. You say that it has long been the practice of the Truck Trailer Manufacturers Association (TTMA) and its members that 'if the 45 degree visibility requirement of these lights were met 'on the rear' of the trailer both inboard and outboard, the manufacturer met the intent of the standard.' You inform us that the liquid bulk transport industry is especially affected by this interpretation because of reasons of practicality unique to tank transports. On these vehicles, you state that the rear lamps have been 'mounted as far as 36 inches forward from the rear of the bumper', but that, in this location, they 'still maintain the 45 degree visibility requirements.' You therefore ask for reconsideration of the interpretation if the 45 degree visibility requirements are met. The lamps in your letter (and Mr. Kossover's) are stop, turn signal, and taillamps. Only the taillamps are presence lamps. The stop lamps and turn signal lamps operate independently of the headlamps. That is to say, they are intended for use at all times and not just at night or under other conditions of reduced visibility. They indicate actions taken by the vehicle operator to signal his operational intentions to other drivers and pedestrians. Problems with depth perception of following drivers could result if the lamps are not mounted 'on the rear' as the standard requires. We are willing to interpret 'on the rear' as meaning the trailing edge of the rear fender, which may not extend as far rearward as the bulk tank container, provided the visibility requirements are met, but we conclude that a mounting location for stop and turn signal lamps that is 36 inches forward from the rear of the bumper is not 'on the rear' as the standard requires. Sincerely, Paul Jackson Rice Chief Counsel;

ID: aiam4245

Dear Mr. Jensen: Your letter of September 10, 1986, has been forwarded to this offic for reply. You have devised a way 'to inscribe lettering on the inside of car & truck taillights so that when the brakes are applied the lettering is seen.' You asked if there are any laws that apply to this concept.; Because you wish to produce this concept we shall consider it as bot original equipment installed by the vehicle manufacturer, and as equipment available in the aftermarket, for purchase by a vehicle owner. The Federal regulation governing vehicle lighting equipment is Federal Motor Vehicle Safety Standard No. 108. It requires a manufacturer to produce vehicles with certain specified lighting devices meeting specific requirements. Further, under it, additional lighting devices and other motor vehicle equipment are permissible provided they do not impair the effectiveness of the lighting equipment required by the standard. The requirements for stop lamps (you called them 'tail lights', but taillamps are the rear lights that are on when the headlamps are on, and are not brake activated) are those of SAE Standard J586c, August 1970. It specifies photometric requirements to be met at specific test points, and a minimum effective projected luminous lens area for lamps.; With respect to compliance with the stop lamp requirements of Standar No. 108, the lettering must not prevent the lamp from meeting photometrics at the applicable test points, or from complying with the minimum area requirements. As to whether the concept would nevertheless impair the effectiveness of the stop lamps, this is a decision to be made by the vehicle manufacturer, though it is subject to review by this agency. Anything that distracts the observer of a stop lamp from instantaneously perceiving its message could be considered an impairment.; As an aftermarket device, it is not subject to Standard No. 108, bu only to the restriction imposed by the National Traffic and Motor Vehicle Safety Act that manufacturers, dealers, and motor vehicle repair businesses must not render inoperative in whole or in part devices such as stop lamps that are installed as original safety equipment. If your device created a noncompliance in the stop lamp, or impaired the effectiveness of it, we would consider this the equivalent of rendering the stop lamp partially inoperative.; Your concept would also be subject to the laws of any State in which device embodying it is sold or used. We are unable to advise you as to these laws, but you must consider them as well.; I hope that this answers your question. Sincerely, Erika Z. Jones, Chief Counsel

ID: nht89-3.54

TYPE: INTERPRETATION-NHTSA

DATE: 12/13/89

FROM: JIM EVANS -- QUALITY CONTROL DEPT., THE BARGMAN COMPANY

TO: STEVEN P. WOOD -- ACTING CHIEF COUNSEL, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 02-26-90 TO JIM EVANS, THE BARGMAN CO., FROM STEPHEN P. WOOD, NHTSA; (REDBOOK) A35; VSA 103(D); STD. 108

TEXT: My company manufactures lighting products for the recreational vehicle industry and we are in need of an interpretation of the rules in FMVSS 108 concerning the use of reflex reflectors on the rear of vehicles. I can find in this standard where two (2) red reflex reflectors are required on the rear of a vehicle (Tables I, II, III, IV) but I cannot find anything in the standard that would prohibit the use of any other color reflectors that could be used in addition to the red reflectors.

Specifically, we manufacture a red taillight lens that has a reflex reflector area around the outer edge of the lens. The stop, turn and tail, as well as the reflex functions all exceed the minimum requirements for these functions.

One of our customers has asked us to mold this same lens in yellow so that it could be used for the turn signal function. It would be mounted side by side with the red unit which would now be used for only stop and tail functions. The problem now arise s where both the yellow and red lens would be visable to traffic approaching from the rear. I checked with a local State Police Post here in Michigan, and they were able to find a section in the State Code that clearly states that reflectors mounted on the rear of a vehicle shall reflect a red color (I am enclosing a copy of this section for your reference). As I stated in my opening paragraph, I cannot find an equivalent ruling in the National standard. I am hoping that your office may have already addressed this problem in the past and that a ruling is already in effect.

My questions are two-fold: First, is it legal to put any other color reflector on the rear of a vehicle as long as the red reflectors are also present? Secondly, if in fact this situation is illegal (which I believe it probably is), could the National st andard be amended to show this fact and eliminate future confusion? Whichever way is correct, I would like to request a written statement to that effect as well as any supporting documentation for the ruling.

I am looking forward to hearing from you as soon as possible so that we can clear this matter up once and for all. Thank you.

Enclosure

(d) On every trailer or semitrailer having a gross weight in excess of 3,000 pounds:

On the front, 2 clearance lamps, 1 at each side.

On each side, 2 side marker lamps, 1 at or near the front and 1 at or near the rear.

On each side, 2 reflectors, 1 at or near the front and 1 at or near the rear.

On the rear, 2 clearance lamps, 1 at each side, also 2 reflectos, 1 at each side, and 1 stop light.

(e) On every poletrailer:

On each side, 1 side marker lamp and 1 clearance lamp which may be in combination, to show to the front, side or rear.

On the rear of the poletrailer or load, 2 reflectors, 1 on each side.

(f) On every trailer or semitrailer weighing 3,000 pounds gross or less:

On the rear, 2 reflectors, 1 on each side if any trailer or semitrailer is so loaded or is of such dimensions as to obscure the stop light on the towing vehicle, then such vehicle shall (Illegible Words) with 1 stop light

(g) When operated on the highway, every vehicle which has a maximum potential speed of 25 miles an hour implement of husbandry, farm tractor or special mobile equipment shall be identified with a reflective device as follows:

An equilateral triangle in shape, at least 16 inches wide at the base and at least 14 inches in height, with a dark red border, at least 1 3/4 inches wide of highly reflective beaded material;

A center triangle, at least 12 1/4 inches on each side of yellow orange fluorescent materials.

The device shall be mounted on the rear of the vehicle, broad base down, not less than 3 feet not more than 5 feet above the ground and as near the center of the vehicle as possible. The use of this reflective device is restricted to use on slow movi ng vehicles specified in this section, and use of such reflective device on any other type of vehicle or stationary object on the highway is prohibited.

On the rear, at each side, red reflectors or reflectorized material visible from all distances within 500 to 50 feet to the rear when directly in front of lawful upper beams of headlamps.

Am. 1988, Act 383.

CI 257.689 Clearance and marker lamps and reflectors; color. [MSA 9.2389]

Sec. 689. (a) Front clearance lamps and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall display or reflect an amber color.

(b) Rear clearance lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display or reflect a red color.

(c) All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stop light or other signal device, which may be red or amber, and except that the light illuminating the license plate-shall be white.

CI 257.690 Same; mounting [MSA 9.2390]

Sec. 690. (1) Reflectors shall be mounted at a height not less than 15 inches and not higher than 60 inches above the ground on which the vehicle stands, except that if the highest part of the permanent structure of the vehicle is less than 15 inches , the reflector at such point shall be mounted as high as that part of the permanent structure will permit.

(2) The rear reflectors on a pole-trailer may be mounted on each side of the bolster or load.

(3) Any required red reflector on the rear of a vehicle may be incorporated with the tail lamp, but such reflector shall meet all the other reflector requirements of this chapter.

(4) Clearance lamps shall be mounted on the permanent structure of the vehicle in such a manner as to indicate its extreme width and as near the top thereof as practicable. Clearance lamps and side marker lamps may be mounted in combination if illumi nation is given as required herein with reference to both.

Am. 1988, Act 383.

CI 257.691 Same; visibility. [MSA 9.2391]

Sec. 691. (a) Every reflector upon any vehicle referred to in section 689 of this chapter shall be of such size and characteristics and so maintained as to be readily visible at nighttime from all distances within 500 to 50 feet from the vehicle when directly in front of lawful upper beams of headlamps. Reflectors required to be mounted on the sides of the vehicle shall reflect the required color of light to the sides, and those mounted on the rear shall reflect a red color to the rear.

(b) Front and rear clearance lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of 500 feet from the front and rear, respectively, of the vehicle.

(c) Side marker lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of 500 feet from the side of the vehicle on which mounted.

CI 257.692 Combination vehicles obstructed lights. [MSA 9.2392]

Sec. 692. Whenever motor and other vehicles are operated in combination during the time that lights are required, any lamp (except tail lamps) need not be lighted which, by reason of its location on a vehicle of the combination, would be obscured by another vehicle of the combination, but this shall not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps, nor that all lights required on the rear of the rearmost vehicl e of any combination shall be lighted.

ID: 15847.ztv

Mr. Mitch L. Williams
President & CEO
Hella, Inc.
P.O. Box 2665
Peachtree City, GA 30269

Dear Mr. Williams:

This is in reply to your letter of August 12, 1997, to Richard Van Iderstine of this agency. For your future reference, interpretations of the Federal motor vehicle safety standards, including Standard No. 108, are properly addressed to the Office of Chief Counsel.

You write that Hella "is currently working with a vehicle manufacturer to provide a fog lamp kit to be initially offered and installed at the car dealer, or vehicle manufacturer zone level, with a possible introduction later for the assembly line." Some of the vehicles will have daytime running lamps (DRL), and on such vehicles, the manufacturer wants to tie the fog lamps into the DRL circuit so that the fog lamps will illuminate when the vehicle is started and be extinguished when the upper beam of the headlamps are activated (if the fog lamp switch is in the "on" position), or when the ignition is turned off. You ask whether we concur with your conclusion that you see no problem with this arrangement.

I regret to say that we cannot concur with your conclusion. Although Standard No. 108 does not regulate fog lamps, it does regulate DRLs. Paragraph S5.5.11 provides that "Any pair of lamps on the front . . ., whether or not required by this standard, other than parking lamps or fog lamps, may be wired [as DRLs]. . . ." Therefore, wiring fog lamps to operate as DRLs is expressly forbidden by Standard No. 108. This means that the fog lamps cannot be tied into the DRL circuit on those vehicles equipped with DRLs.

If you have further questions, you may refer them to Taylor Vinson of this Office (202-366-5263).

Sincerely,
John Womack
Acting Chief Counsel
ref:108
d.10/1/97

ID: nht90-3.13

TYPE: Interpretation-NHTSA

DATE: July 12, 1990

FROM: M. Michael Mascho -- Safety & Compliance Specialist, Kenworth Truck Company

TO: Taylor Vinson -- NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 8-30-90 from P.J. Rice to M.M. Mascho (A36; Std. 108)

TEXT:

I am requesting an interpretation of Federal Motor Vehicle Safety Standard No. 108; Lamps, reflective devices, and associated equipment. My concern is with Identification and Clearance Lamps listed in Table I, Required Motor Vehicle Lighting Equipment O ther Than Headlamps; and Table II, Location of Required Equipment. I have attached three (3) photos to better explain my concern.

Kenworth Truck Company is a manufacturer of Class 7 & 8 trucks that are over 80" in overall width, thus falling into the requirements of the above mentioned tables. We manufacture a conventional model truck with a Aerodynes sleeper. The Clearance and I dentification Lamps are mounted on the top of the cab. (see the right hand truck in photo 1).

We have been asked to build trucks that also include an extra set of Clearance and Identification Lamps on top of the sleeper. (see left hand truck in photo 1, and photos 2 & 3). The requirements of Tables I & II for Identification Lamps are three (3) amber lamps mounted as close as practicable to the top of the vehicle, or alternatively as close as practicable to the top of the cab. Identification Lamps are to be two (2) amber lamps mounted as near the top as practicable to indicate overall width.

By mounting the extra lamps on top of the sleeper, we now have six (6) Identification Lamps and four (4) Clearance Lamps. This vehicle when viewed from the front at night would resemble a typical Class 8 truck pulling a trailer with front mounted Cleara nce and Identification Lamps.

Would this vehicle be considered to be in compliance with Federal Motor Vehicle Safety Standard 108?

Photographs attached to letter (graphics omitted).

ID: nht95-3.25

TYPE: INTERPRETATION-NHTSA

DATE: June 23, 1995

FROM: Yoshiaki Matsui -- Manager, Automotive Equipment, Legal & Homologation Section, Stanley Electric Co. Ltd.

TO: Chief Counsel, NHTSA

TITLE: Re.: Neon High Mounted Stop Lamps

ATTACHMT: ATTACHED TO 7/18/95 LETTER FROM JOHN WOMACK TO YOSHIAKI MATSUI. (REDBOOK 2; STD. 108)

TEXT: Dear Sir,

We are planning to develop high mounted stop lamps with neon tubes as their light sources.

During the last SAE meeting in Scottsdale, we heard Mr. van Iderstine mentioned that some new regulatory requirements should be provided for neon as light sources. However, we believe it is possible, even at this time, to conduct tests to such stop lamp s in accordance with FMVSS No. 108 and to determine the compliance of the tested high mounted stop lamps to FMVSS No. 108.

Therefore, we would like to ask you to give us your advice to the following questions concerning the acceptability of neon tubes as light sources.

Q1) Are neon tubes accepted as light sources by the current FMVSS No. 108?

Q2) If the answer to the above Q1) is NO, what kind of requirements should be provided to accept the neon?

Q3) If the ballast is integral and indivisible part of a neon high mounted stop lamp, like integral beam headlamps with HID, should such stop lamps be accepted under the current FMVSS No. 108 with no reservation provided the lamp is complied to all requi rements specified in the FMVSS No. 108?

Q4) If the ballast is separable from lamp assembly, should such high mounted stop lamps with neon tube be accepted under the current FMVSS No. 108 or under the amended FMVSS No. 108 allowing such stop lamps in near future?

Your answers will be highly appreciated.

ID: nht68-4.4

DATE: 08/20/68

FROM: AUTHOR UNAVAILABLE; John A. McLaine; NHTSA

TO: Chrysler Corporation

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of August 9, 1968, containing literature on "Super-Lite" which will be an optional lighting device on the 1969 Dodge Polara and Monaco Models.

According to the literature, "Super-Lite" is an auxillary or supplemental light to be used in conjunction with the low beams of the regular headlamps.

For many years, all lighting devices used on motor vehicles registered in New Jersey have been required to be approved by the New Jersey Division of Motor Vehicles. Lighting devices are added to our approved list after a sample has been submitted along with a report from an independent testing laboratory showing that the device meets the standards of the Society of Automotive Engineers. We will also add a motor vehicle lighting device to our approved list after we receive an Approval Certificate from the American Association of Motor Vehicle Administrators showing that the device meets the SAE Standards.

Electric Supplementary Lamps, such as the "Super-Lite" are covered by SAE Standard No. J582. Perhaps you have submitted a sample light and the necessary test report to the AAMVA, but as yet, we have not received a copy of the Approval Certificate.

In case you desire to have us approve the "Super-Lite" on the basis of New Jersey alone. Please send us a sample and test report, as mentioned above.

Unless the "Super-Lite" is on our approved list at the time motor vehicles equipped with the lighting device are going through our inspection stations, the vehicles will have to be rejected.

New Jersey R S. 39:3-51 concerns the mounting and aiming of auxiliary driving lights. A copy of this section is enclosed for your information.

ID: aiam5471

"Dear Ms. Dresser: We have received your letter of November 28, 1994 asking whether the exterior lighting of six Oscar Mayer 'Wienermobiles' that your company is manufacturing conforms to applicable Federal motor vehicle safety standards. You have enclosed diagrams showing the location of the exterior lighting devices. Under 49 U.S.C. Chapter 301 - Motor Vehicle Safety, the determination of whether a vehicle conforms with all applicable Federal motor vehicle safety standards is that of the manufacturer who, pursuant to 49 U.S.C. 30115, must certify compliance of the vehicle with those standards upon completion of manufacture. NHTSA has no authority to approve or disapprove specific vehicle designs. We do, however, provide interpretations of our standards to manufacturers upon request. The appropriate standard here is Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment. Your letter does not state whether Carlin has classified the Wienermobile as a 'passenger car' or as a 'truck'. We believe that the vehicle is a 'truck' within the meaning of 49 CFR 571.3(b) because it appears to be 'designed primarily for the transportation of property or special purpose equipment', rather than for the transportation of passengers, and that its overall width of 94 inches makes it more appropriate for the Wienermobile to meet wide vehicle lighting requirements. Therefore, the Wienermobile must be equipped with the lighting equipment specified in Table I of Standard No. 108, and located as specified in Table II, the requirements for trucks whose overall width is 80 inches or more. This means that they must be equipped with the front and rear clearance and identification lamps that Table I requires for wide trucks, these lamps do not appear on your drawings. In addition, all four-wheeled motor vehicles are required to have hazard warning/turn signal lamps and we don't see these lamps either on the drawings. With respect to front lighting equipment that is depicted, we note that supplementary lighting equipment such as fog lamps and the 'front marker light' are permissible under Standard No. 108 if the manufacturer determines that they do not impair the effectiveness of the lighting equipment required by Standard No. 108, in this instance, the headlamps. In the absence of a clearly erroneous determination, NHTSA will accept the manufacturer's judgment on impairment. Trucks that are subject to Table II need not be equipped with a center high-mounted stop lamp or parking lamps, if that is the purpose of the front marker lamp. We hope that these comments will be helpful. If you have any other questions, please contact Mr. Taylor Vinson of my staff at this address or by phone at (202) 366-2992. Sincerely, Philip R. Recht Chief Counsel";

ID: aiam4983

"Dear Mr. Schwartz: This responds to your letter of April 16, 1992, t Taylor Vinson of this Office, asking for 'an opinion why the State of Louisiana has not adopted the Code of Federal Regulations, 49 CFR Ch. V as it pertains to automotive accessory lighting.' Lumitron is described as 'an electronic neon lighting kit for vehicles which is sold and installed as an automotive aftermarket product.' You state that it is 'legal for street use as long as it is installed below bumper level and under the vehicle.' You further state that both the Florida Highway Patrol and Kevin Cavey of this agency 'confirmed' your findings that Lumitron 'falls under' Standard No. 108. However, the State of Louisiana has 'not uniformly adopted or follow the Code of Federal Regulations, 49 CFR Ch. V as it pertains to automotive aftermarket lighting.' It appears that authorities in Louisiana believe Lumitron is legal but it has to be approved by the Commissioner. You have asked us for 'a letter confirming what we already understand about this regulation that we could submit to the Commissioner. He would then be able to adopt it as Louisiana Law thus making our product legal for use in that state.' Contrary to your assumption and those of the officials you mention, Lumitron is not covered by Standard No. 108. The only aftermarket equipment directly regulated by the standard is equipment intended to replace original equipment required by Standard No. 108, such as headlamps. Such is not the case with Lumitron. Standard No. 108 was issued under the authority of the National Traffic and Motor Vehicle Safety Act. We have interpreted that Act as prohibiting the installation on a vehicle of aftermarket equipment by a manufacturer, distributor, dealer, or motor vehicle repair business that, in the words of the statute, 'render inoperative in whole or in part' any of the vehicle's required lighting equipment. We understand that Lumitron casts a light on the pavement under the vehicle. We would, of course, be concerned if the intensity of that light served to mask the intensity of such required lighting items as turn signal and stop lamps, or served to distract other drivers so that the lamps required lamps might be considered partially inoperative. Regulation of aftermarket equipment such as Lumitron is within the jurisdiction of each State where Lumitron is sold and used, and the Commissioner in Louisiana may proceed as he deems fit. We are unable to advise you on State laws, but if you are interested in how the laws of other jurisdictions may affect Lumitron, we suggest that you write for an opinion to the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203. Sincerely, Paul Jackson Rice Chief Counsel";