ID: nht94-5.1

TYPE: INTERPRETATION-NHTSA

DATE: December 7, 1994

FROM: Philip R. Recht -- Chief Counsel, NHTSA

TO: Herr P. Binder -- ITT Automotive europe

TITLE: None

ATTACHMT: ATTACHED TO LETTER DATED 11/22/94 FROM P. BINDER TO JOHN WOMACK (OCC 10510)

TEXT: This responds to your FAX of November 21, 1994, to John Womack of this Office.

You inquire with respect to a yellow bulb intended for use as both original and replacement equipment in a rear turn signal lamp for a passenger car. The bulb complies with ECE specifications. You have asked the following questions:

"1) Is it allowed in USA that new rearlamps are fitted with such 'Europe' - bulbs?"

Yes. Bulbs other than those specified by SAE J573 are considered "special bulbs" and are permitted by Note 3 at the end of Standard No. 108 as long as the lamp assemblies in which they are used conform to all applicable requirements of Standard No. 108.

"2) Do spare bulbs of the same type (PY 21W) have to be freely available in USA (e.g. supermarket, station, etc.)?"

There is no legal requirement that replacement bulbs be freely available. For reasons of safety, NHTSA encourages wide distribution of replacement parts of all sorts.

"3) Would it be sufficient if the car manufacturer offers this bulb (PY 21W) as a spare part within his service stations in USA?"

The determination of the distribution of replacement bulbs is a decision to be made by the car manufacturer.

"4) Is there any specification or law regarding the use of bulbs in USA? If so, please inform us about these specifications."

Although not directly incorporated by reference in Standard No. 108, NHTSA regards SAE Standards J567 "Lamp Bulb Retention System" and J573 "Lamp Bulbs and Sealed Units" as appropriate specifications for bulbs and their sockets used in motor vehicle lamp s other than headlamps. However, as indicated above, Note 3 permits the use of bulbs other than these.

"5) Is the use of bulbs treated differently in the single states?"

We have no information that any state treats the use of bulbs differently. Questions regarding the laws of the individual states are answered by the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203, and yo u may wish to consult them for an opinion.

ID: aiam0014

"Dear Mr. Lucki: This responds to your letter requesting a interpretation of Federal Motor Vehicle Safety Standard No. 102, Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect. You asked whether a planned gear position display for automatic transmission vehicles would meet the standard's requirement that full gear position information be provided in a single location. As discussed below, the answer to that question is yes. By way of background information, the National Highway Traffic Safety 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 vehicles and equipment meet applicable standards. The following represents our opinion based on the facts provided in your letter. As you are aware, on March 26, l99l, this agency published in the Federal Register a final rule amending Standard No. l02. Among the amendments is a new S3.l.4.4 that requires, for all automatic transmission vehicles, that full gear position information, i.e., identification of shift level positions, including the position of the gears in relation to each other, and the gear position selected, be displayed 'in view of the driver in a single location.' According to a drawing enclosed with your letter, your planned gear position display would be located on the instrument panel, between the speedometer and tachometer. The current gear position, either P, R, N, D, 3, 2, or l, would be shown in a square, by means of electronic display. The position of the gears in relation to each other, i.e., P R N D 3 2 1, would be marked adjacent to the electronic display. You state that the gear positions in relation to each other will be illuminated when the headlamps are activated. It is our opinion that your planned design would meet S3.l.4.4's requirement that full gear position information be displayed in a single location. The gear position selected would be shown in the square electronic display. The position of the gears in relation to each other would be marked adjacent to the electronic display. Because the marking of the position of the gears in relation to each other would be adjacent to the electronic display, it is our opinion that all of the information would be considered to be provided in a single location. I note that this same issue was addressed in the preamble to the March l99l final rule, in connection with a comment submitted by Chrysler. The agency stated the following: If Chrysler wishes to provide a display of current gear position information on the instrument panel, it is free to do so. Under the amendment, it can either provide full gear position information at that location, e.g., include a 'P R N D L' label adjacent to the display, or it can provide a display of current gear position information only on the instrument panel and include a display of full gear position information elsewhere, e.g., on the floor console. 56 FR l2470, March 26, l99l. Your proposed design is consistent with the first of the two options discussed in that paragraph. I hope this responds satisfactorily to your concerns. If you have any further questions, please contact Dorothy Nakama of my staff at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel";

ID: nht75-1.17

DATE: 10/15/75

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Motor Vehicle Inspection

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your May 29, 1975, letter to Mr. Vincent Esposito of 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) became 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 separate from the service brake control."

Section 103(d) of the National Traffic and Motor Vehicle Safety Act of 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 an aspect of motor vehicle or motor vehicle equipment performance which is covered by a Federal motor vehicle safety standard, unless the standards are identical.

As noted, Standard No. 105-75 and Standard No. 121 include requirements 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 regulatory 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 be preempted by Standard No. 105-75 in the case of passenger cars, since the aspect of performance that would be affected is covered 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 that 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,

May 29, 1975

Vincent J. Estosito, Director Office of Vehicle Safety Research and Development U.S. Department of Transportation National Highway Traffic Safety Administration

A letter from Mr. George W. Crise of Danville, Ohio that was sent to Mr. Robert F. Tyson, Director of Office of Planning and Programming, Des Moines, Iowa has been referred to this office.

It called our attention that the 1975 cars and trucks are being built without a second means of stopping feature as required by the laws of Ohio and other states.

I have enclosed a copy of the Iowa statutes pertaining to brake requirements and brake performance which clearly indicates that the Iowa law specifies two seperate means of applying the brakes. Each of which means shall be affective to apply the brakes to at least two wheels. If these two seperate means of applying the brakes are connected in any way, they shall be so constructed that failure of one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels.

I was not aware that the 1975 model cars and trucks were not equipped with the means to comply with the Iowa statute.

It is our desire that a second independent means of stopping be made mandatory on new motor vehicles.

Lowell E. Schellhase Supervisor Motor Vehicle Inspection

BRAKES

(Illegible Words) Brake requirements.

Every motor vehicle, other than a motorcycle, when operated upon highway shall be equipped with brakes adequate to control the (Illegible Words) of and to stop and hold such vehicle, including two separate (Illegible Word) the brakes, each of which means shall be effective (Illegible Word) the brakes to at least two wheels. If these two separate means applying the brakes are connected in any way, they shall be so (Illegible Word) that failure of any one part of the operating mechanism shall (Illegible Word) the motor vehicle without brakes on at least two wheels.

Every motorcycle, and bicycle with motor attached, when operated a highway shall be equipped with at least one brake, which may be (Illegible Word) by hand or foot.

Every trailer or semitrailer of a gross weight of three thousand (Illegible Word) or more, and every trailer coach or travel trailer of a gross (Illegible Word) of three thousand pounds or more intended for use for human (Illegible Word) shall be equipped with brakes adequate to control the (Illegible Word) and to stop and hold such vehicle, and so designed as to be (Illegible Word) by the driver of the towing motor vehicle from its cab, or with (Illegible Word) brakes, and weight equalizing hitch with a sway control type approved by the commissioner of public safety. Every (Illegible (Illegible Words) travel trailer, or trailer coach of a gross weight of three thousands or more shall be equipped with a separate, auxiliary means (Illegible Word) the brakes on the semitrailer, travel trailer, or trailer from the cab of the towing vehicle. This Act shall apply to all and used travel trailers sold at July 1, 1971 and on all registered (Illegible Word) trailers after December 1, 1973. Trailers or semitrailers with (Illegible Word) or truck tractor need only comply with the brake requirements. Except as otherwise provided in this chapter, every new motor (Illegible Word) trailer, or semitrailer hereafter sold in this state and operated the highways shall be equipped with service brakes upon all wheels every such vehicle with the following exceptions:

Any motorcycle. Any trailer or semitrailer of less than three thousand pounds gross (Illegible Word) need not be equipped with brakes.

Trucks and truck tractors having three or more axles need not brakes on the front wheels, except that such vehicles equipped two or more front axles shall be equipped with brakes on at least of such axles; provided that the service brakes of such vehicle (Illegible Word) with the performance requirements of section 321.431.

Only such brakes on the vehicle or vehicles being towed in a driveaway-towaway operation need be operative as may be necessary be necessary to insure compliance by the combination of vehicles with the performance requirements of section 321.431. The term "driveaway-towaway" operation as used in this subsection means any operation in which any motor vehicle or motor vehicles, new or used, constitute the commodity being transported, when one set or more of wheels of any such motor vehicle or motor vehicles are on the roadway during the course of transportation, whether or not any such motor vehicle furnishes the motive power.

Referred to in sections 321.181, 321.196, 321.210, 321.464, subsection 1

321.431 Performance ability

1. The service brakes upon any motor vehicle or combination of motor vehicles, when upon dry asphalt or concrete pavement surface free from loose material where the grade does not exceed one percent, when traveling twenty miles an hour shall be adequate:

a. To stop such vehicle or vehicles having a gross weight of less than five thousand pounds within a distance of thirty feet.

b. To stop such vehicle or vehicles having a gross weight in excess of five thousand pounds within a distance of forty-five feet.

2. Under the above conditions the hand brake shall be adequate to hold such vehicle or vehicles stationary on any grade upon which operated.

3. Under the above conditions the service brakes upon a motor vehicle equipped with two-wheel brakes only, and when permitted hereunder shall be adequate to stop the vehicle within a distance of forty-five feet and the hand brake adequate to stop the vehicle within a distance of fifty-five feet.

4. All braking distances specified in this section shall apply to all vehicles mentioned, whether such vehicles are not loaded or are loaded to the maximum capacity permitted under this chapter.

5. All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.

(Illegible Words)

MISCELLANEOUS EQUIPMENT

321.432 Horns and warning devices. Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall when reasonably necessary to insure safe operation give audible warning with his horn but shall not otherwise use such horn when upon a highway.

ID: nht90-3.63

TYPE: INTERPRETATION-NHTSA

DATE: 08/22/90

FROM: PAUL JACKSON RICE -- CHIEF COUNSEL, NHTSA

TO: JACK RADEMACHER -- CHIEF ENGINEER, POLAR TANK TRAILER, INC.

TITLE: NONE

ATTACHMT: LETTER DATED 5-8-90 TO S. P. WOOD FROM J. RADEMACHER; (OCC 4776)

TEXT:

This is in reply to your letter of May 8, 1990, to 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", t he 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 (TT MA) 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 loca tion, 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 tail lamps. Only the tail lamps 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 vi sibility 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.

ID: 2623y

Mr. Jack Rademacher
Chief Engineer
Polar Tank Trailer, Inc.
12810 County Road 17
Holdingford, MN 56340

Dear Mr. Rademacher:

This is in reply to your letter of May 8, l990, to Stephen P. Wood of this Office, asking for reconsideration of a recent interpretation of Standard No. l08.

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. l08. 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

ref:l08 d:8/22/90

ID: 2856o

Mr. Wayne Apple
14738 Bronson Avenue
San Jose, CA 95124

Dear Mr. Apple:

This is in reply to your letter of December 29, 1987, in which you ask whether a U-Turn Indicator "is reasonable, within federal regulations or specifications, and if the Department of Transportation has interest in the concept and/or product."

Federal Motor Vehicle Safety Standard No. l08, Lamps, Reflective Devices, and Associated Equipment contains specifications for original and replacement lighting equipment. None of these specifications is for a U-turn indicator. However, a U-turn indicator is acceptable as original vehicle equipment provided it does not impair the effectiveness of the lighting equipment that the standard requires, such as turn signal lamps, headlamps, taillamps, and stop lamps. Your proposed specifications recognize the importance of differentiation between the left turn signal and the U-turn indicator, and we encourage you to minimize the possibility of impairment.

Standard No. l08 does not cover a U-turn indicator as an aftermarket device, but it is subject to the general restriction that its installation must not render inoperative, in whole or in part, any lamp, reflective device, or associated equipment that was installed pursuant to Standard No. l08. (15 U.S.C. 1397(a)(2)(A)) The legality of use of an aftermarket device of this nature would be determinable under the laws of the State in which a vehicle equipped with it is registered or operated. The American Association of Motor Vehicle Administrators, 120l Connecticut Ave. N.W., Washington, D.C. 20036, may be able to advise you further on State laws.

Accident data available to the agency does not permit us to identify specific crashes in which a vehicle is making a U-turn. However, an analysis of data from one of our files that contains information on almost 3 million crashes indicates that the general type of crash for which U-turn crashes are a subset (left-turning crashes) constitutes less than 6% of the total crash experience. Thus, we believe that the number of U-turn crashes is substantially less than the 6% represented by the broader category of crashes involving left-turning vehicles. We do not know the basis for your statement that your U-turn indicator "will probably reduce accidents involving U-turns by over thirty percent". However, the agency is interested in exploring concepts that could enhance vehicle safety. I am providing our Office of Research and Development with a copy of your letter for such further comment as may be warranted.

We appreciate your interest in safety.

Sincerely,

Erika Z. Jones Chief Counsel

CC: Michael Finkelstein

ref:108 d:4/18/88

ID: nht87-3.55

TYPE: INTERPRETATION-NHTSA

DATE: 12/31/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Stanley Electric Co.

TITLE: FMVSS INTERPRETATION

TEXT:

AIR MAIL Mr. M. Arisaka Manager, Automotive Lighting Engineering Sect. Stanley Electric Co., Ltd. 2-9-13, Nakameguro, Meguro-ku Tokyo 153, Japan

Dear Mr. Arisaka:

This is in reply to your letter of October 8, 1987, with reference to a newly developed lamp bulb "for automotive light-signaling devices." You state that the lamp has a bulb defined in SAE J387 and that its specifications for bulb and base meet those of SAE J573. The candlepower of the new lamp bulb is said to be 40% higher than that of a conventional bulb. You have asked whether you can "use the device with this new lamp bulb" in the United States.

For lamps other than replaceable bulb headlamps Federal Motor Vehicle Safety Standard No. 108 establishes requirements for photometric performance, and not for bulbs. Therefore, SAE J387 and J573 are not incorporated into Standard No. 108. Any motor vehicle turn signal or hazard warning signal device using Stanley's new high-candlepower bulb photometric specifications of Standard No. 108, and does not exceed any maximum of these specifications.

Sincerely,

Erika Z. Jones Chief Counsel

Erika Z. Jones Department of Transportation National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington, D.C. 20590 U.S.A.

Dear Ms. Jones,

We, Stanley Electric Co., Ltd. are one of the leading manufacturers of Automotive Lamp Bulb in Japan, and would like to use the newly developed lamp bulb for Automotive Light-Signaling devices.

This new lamp is one of the lamp bulb which defined in SAE J387 and the specifications of bulb and base comply with the requirements of SAE J573.

Moreover, the most important characteristic of the new lamp bulb is candlepower. In comparison with the conventional lamp bulb under the same specification, candlepower of the new lamp bulb is approximately 408 higher.

The new lamp bulb is not popular yet in your country, and we are planning to stock them at every relative automobile dealer shop for customers convenience in advance.

We would like to have your advice whether we can use the device with this new lamp bulb in your country, or not.

Sincerely yours,

Stanley Electric Co., Ltd.

M. Arisaka Manager, Automotive Lighting Engineering Sect.

ID: 0552

Ms. Melinda Dresser
Manager Contracts/Transportation
Carlin Manufacturing, Inc.
3714 N. Valentine
Fresno, CA 93722

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 ref:108 d:1/9/95

ID: 86-6.21

TYPE: INTERPRETATION-NHTSA

DATE: 12/24/86

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: JEFFREY S. JENSEN

TITLE: NONE

ATTACHMT: LETTER DATED 09/10/86 EST, TO NHTSA FROM JEFFREY S. JENSEN

TEXT: Dear Mr. Jensen:

Your letter of September 10, 1986, has been forwarded to this office for reply. You have devised a way "to inscribe lettering on the inside of car & truck tail lights 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 both 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 Standard 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, but 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 a 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,

ID: 22525.ztv

Mr. Harold Holeman
C5 Creations
2 Renee Lane
Newark, DE 19711





Dear Mr. Holeman:

This is in reply to your email of December 26, 2000, asking for interpretations of Federal Motor Vehicle Safety Standard No. 108, "Lamps, Reflective Devices and Associated Equipment."

Your first question is whether "the standards as set forth in FMVSS 108 require that bumper bras or bumper masks have openings around the running lights, parking lights, turning signals, etc.?"

Standard No. 108 does not regulate bumper bras or masks per se. However, lighting equipment is required under Federal law to comply with all requirements of Standard No. 108 when accessory equipment such as bumper bras are installed by regulated persons, whether the equipment is installed as original equipment or aftermarket equipment. The one exception under Federal law is a bra or mask installed by the vehicle owner; if this creates a noncompliance with Standard No. 108, the owner is responsible under any applicable local laws rather than Federal law.

Your next question is "If the bra material is transparent and does not noticeably diminish the luminescence of the lights is the bra design within code without having cutouts for the lights?" Paragraph S7.8.5 prohibits "any styling ornament or other feature, such as a translucent cover or grille, in front of the lens" when the headlamps are activated. We view a transparent bra as an "other feature" and prohibited by Standard No. 108. Thus, a transparent bra could not be installed by a regulated person (i.e., manufacturer, distributor, dealer, or motor vehicle repair business) without violating Standard No. 108, but could be installed by the vehicle owner, provided that it does not violate local laws.

You then ask "Is there a test that should or can be performed to show that the intensity of the running lights is adequate even when covered by the bumper bra?" The photometric tests for each of the lamps covered by Standard No. 108 are essentially those of the Society of Automotive Engineers, which have been incorporated by reference in Standard No. 108. These are laboratory tests rather than tests conducted on the vehicle itself. They could be conducted with the transparent bra or mask material cut to fit the lens. Any diminution in light output must not result in photometric output falling below the minimum levels specified for test points in any individual standard.

Like you, we are not aware of any transparent bra or mask on the market. In general, we do not favor covering the lens of any lamp with other material. Dirt and grime may accumulate to the point that candela is reduced below the minimum specified in the standard. Further, it may not be easily removable by washing the cover.

Sincerely,

John Womack
Acting Chief Counsel

ref:108
d.4/19/01