ID: nht90-1.25

TYPE: INTERPRETATION-NHTSA

DATE: JANUARY 26, 1990

FROM: KENT D. SMITH

TO: OFFICE CHIEF COUNCIL -- NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 3-22-90 TO KENT D. SMITH FROM STEPHEN P. WOOD, NHTSA; [REDBOOK A35; STD. 108]

TEXT: I recently submitted an invention on a safety device to the Office of Crash Avoidance Research in the U.S. Department of Transportation. William A. Leasure, Jr., the Director of this office, responded to my letter but referred me to your office because there were some legal questions involved.

I believe that vehicles need some way of signaling following drivers if the headlamps of their vehicles are blinding you. I am a Driver Education teacher and whenever my students confront me with this problem there is no solution that up to now is ef fective. My invention, which is designed to deal with this problem is this: A button on the dashboard is attached to the backup lights. When the button is pushed the backup lights will go on and off in a matter of a second or less. The lights would not come back on again unless the button was pressed a second time. If necessary the button could be hooked up to only one of the backup lights. This would eliminate any confusion on the part of the driver of the following vehicle as to which direction th e car may be going. An alternative could be to hook the button up to the license plate lights. If this were done a double filament light would have to be installed so that the increase in intensity would be immediately observable by the driver of the f ollowing vehicle. This method of installation would not violate the SAE Standard for backup lights but I dont feel that it would be as effective as having the backup lights momentarily activated. I firmly believe that this new innovative concept would give the driver an effective means of informing the driver of the following vehicle that you were being blinded by his inconsiderate action.

I'm aware of the Federal law that states that the backup lights should not be on when the car is going in a forward direction. I believe that the intent of the law is to force people to make repairs so that those lights will not stay on and therby co nfuse people into thinking that the car is backing up rather than going forward. It would seem to me that this new concept could be added to an automobile without violating the intent of the federal law concerning backup lights.

I explained my idea to a gentleman from the Utah Department of Public Safety. He felt the idea was good enough that it should be pursued even if it meant making a revision in the Federal law that governed backup lights.

Would you please offer me any recommendations, either positive or negative, in regards to this invention. I thank you for your time and look forward to hearing from you in the very near future.

Please send your reply to: Kent D. Smith 12249 S. 1565 E. Draper Utah 84020

ID: nht95-1.18

TYPE: INTERPRETATION-NHTSA

DATE: January 9, 1995

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

TO: Melinda Dresser -- Manager Contracts/Transportation, Carlin Manufacturing, Inc.

TITLE: NONE

ATTACHMT: Attached to 11/28/94 letter from Melinda Dresser to Philip Recht

TEXT: 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 showi ng 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 ve hicle 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 i s 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 transpor tation of property of 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 Wienermo bile 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 equipme nt 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 judgement 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, NHTSA

ID: aiam4753

"Dear Mr. Magor: This is in reply to your letter of May 1, l990, to th Department of Transportation with respect to your intended purchase of a Canadian truck or van which you will eventually import into the United States. You asked for information on the features required to meet the U.S. safety standards, and whether Canadian vehicles generally have these items. There is a great similarity, but not identicality, between the Canadian Motor Vehicle Safety Standards (CMVSS), and the Federal Motor Vehicle Safety Standards (FMVSS). Manufacturers in both countries are required to affix a label to their vehicles certifying compliance with all applicable safety standards. We understand that some Canadian manufacturers may have certified compliance of their vehicles with both the CMVSS and the FMVSS. If dual certification has occurred, it will be evident from reading the certification label on the vehicle (usually located in the driver door post area). If the vehicle bears a certification of compliance that includes the FMVSS, you should encounter no problems in importing, registering, and selling it in the United States. However, if the vehicle is certified only to the CMVSS, you will encounter some difficulty in importing it, notwithstanding the substantial similarity of the CMVSS and FMVSS. By direction of Congress, a vehicle not originally manufactured to conform to the FMVSS may not be admitted into the U.S. unless two things have occurred. The vehicle must be on a list of vehicles that the Department has approved for conversion to the FMVSS. If this has occurred, then the vehicle can only be imported by a 'registered importer' (i.e. converter), or one who has a contract with a registered importer to perform the conversion work. A bond equal to l50% of the entered value of the vehicle must be given to secure performance of the conversion work, which is cancelled upon satisfactory evidence that the work has been performed. The new directives of Congress were only effective on January 31, l990, and we are still working to implement them. We have tentatively proposed an approved general list of vehicles that would include all Canadian trucks and vans manufactured since January 1, l968, that were certified as meeting the CMVSS, and which are of the same make, model, and model year of any truck or van originally manufactured for importation into and sale in the United States, or originally manufactured in the United States, and that were certified as meeting the FMVSS. For example, a l990 Chevrolet truck manufactured in Canada to the CMVSS with a U.S. manufactured and certified counterpart would be covered by this general list. We have received no objections to treating Canadian vehicles in this fashion. A final determination should be published in the near future. We have also accorded registered importer status to a number of applicants. If you choose to buy a vehicle certified to the CMVSS for importation into the United States, we will be pleased to provide the latest list of registered importers as the time draws near for your departure. The minor differences in the standards that may effect you are principally those regarding speedometer/odometers and lighting. The former must indicate miles and miles per hour (and may indicate kilometers and kilometers per hour). Vehicles must be equipped with headlamps that meet the FMVSS and not those of the ECE. Thus, once a CMVSS-certified vehicle is imported, we do not anticipate that the conversion work should be lengthy or costly. Once the work has been satisfactorily performed and the converter's label attached, you should encounter no difficulties in registering the vehicle or in selling it. I hope that this answers your questions. Sincerely, Paul Jackson Rice Chief Counsel";

ID: aiam4661

"Dear Mr. Freeman: This is in reply to your letter to June 22, l989, t the Administrator-Designate, General Curry, in which you 'petition...for permission to produce a color coded (Green-Amber-Red) rear light device for all types of motor vehicles.' You have designed 'a workable auxiliary system that can be adopted to cars and trucks on the road.' We are treating your letter as a request for an interpretation of whether your device would be permissible for sale and use as an item of aftermarket equipment under the regulations and statutes administered by this agency. By aftermarket, we mean sale of the device for installation on cars and trucks in use, as contrasted with sales by dealers for installation on new cars. The principal regulation of this agency pertaining to motor vehicle lighting equipment is Federal Motor Vehicle Safety Standard No. l08. The only requirements it establishes for the aftermarket is for equipment that is intended to replace the original lighting equipment specified by the standard (for example, headlamps and stop lamps). As your device is not a required item of motor vehicle lighting equipment, there is no Federal standard that applies to it. However, the National Traffic and Motor Vehicle Safety Act has a direct relationship to the acceptability of aftermarket equipment. The Act prohibits modifications by persons other than the owner of the vehicle if they render inoperative, in whole or in part, equipment that is installed pursuant to a safety standard. Under Standard No. l08, this equipment includes stop lamps, turn signal lamps, hazard warning signals, turn signals, backup lamps, taillamps, and the license plate lamp. On large trucks, it also includes identification lamps and clearance lamps. If the potential effect of an auxiliary lighting device is to create confusion as to the intended message of any lighting device required by Standard No. l08, we regard the auxiliary light as having rendered the required lamp partially inoperative within the prohibition of the Act. Thus, the question is whether your device has the potential to create confusion so that its installation by a manufacturer, distributor, dealer, or motor vehicle repair business would be a violation of the Act. We do not conclude that the device has this potential. In your device, a steady-burning amber light would signal that the accelerator had been released (and that neither the accelerator nor brake pedal were being applied). Amber is the recognized signal for caution. This signal will extinguish when either the accelerator (green signal) or brake pedal (red signal) is applied. Furthermore, it is steady burning whereas other rear lamps where amber is an optional color (turn signals and hazard warning signals) flash in operation. Therefore, it does not appear that your device would create confusion with required items of lighting equipment. You must also consider whether the device would be acceptable under the laws of any State where it is sold and used. We are unable to advise you on State laws, and recommend that you contact the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203. However, we believe that in several Western States, there has been specific legislation that would permit your device. We appreciate your interest in enhancing vehicle safety through improvement in rear lighting systems. We believe that improvements, such as the center highmounted stop lamp, should be introduced as standardized, mandatory lighting equipment on vehicles, rather than as optional aftermarket devices. Contrary to your understanding, our studies of a system similar to yours showed no discernible improvement in reaction time or accident avoidance over current systems. Sincerely, Stephen P. Wood Acting Chief Counsel";

ID: aiam4073

Dear Mr. Pawl: This is in response to your letter of November 29, 1985, to the forme Chief Counsel of this agency, Jeffrey R. Miller, asking for an interpretation of Motor Vehicle Safety Standard No. 108.; Your letter is vague as to the precise function of your 'safet related' lighting device, and whether you wish to offer it as original equipment or equipment intended for installation after the sale of a vehicle to its first purchaser for purposes other than resale. If the latter, then its legality is determinable solely under the laws of each State in which it will be used.; If you intend it as original equipment, on a vehicle at the time of it initial sale, then its legality would be determinable under Standard No. 108. As a general rule, section S4.1.3 prohibits the installation of any device that would impair the effectiveness of lighting equipment required by the standard. You have informed us that your device, which consists of 'amber LED's' in the 'rear package tray,' is inoperative during application of the service brakes, thus, it does not appear that it would impair the effectiveness of the center high-mounted stop lamp.; You have also stated that it is located 'in relative proximity' to th center stop lamp but is not combined with it, and you have asked if this meets the intent of S4.4.1 regarding equipment combinations. This section forbids the combination of the center stop lamp with any other lamp or reflective device. Since your device is physically separate from the center lamp, S4.4.1 would not appear to prohibit your device.; You have also stated that when viewed from the rear, 'the pattern o illuminated LED's may change, possibly giving the illusion of flashing,' and you ask for a definition of 'flashing' as described in section S4.6(c). This section has been renumbered S4.5.11, and subsection (c) permits an exception to the general rule that lamps in use must be steady-burning, permitting headlamps and side marker lamps to 'flash' for signalling purposes. The definition of flash is that contained in S3, a cycle of activation and deactivation by automatic means, and this definition does not specify frequency or other characteristics. To us, the important question is whether your device complies with section S4.5.11(e) which requires all lamps (other than those specifically excepted) to be steady-burning in use. A lamp that changes patterns may not flash, but it cannot be viewed as steady-burning either.; Finally, you state that 'section S4.3 states that no function othe than red reflex reflectors shall be combined with CHMSL or rear turn signal lamps' and ask whether amber or any other color 'may be used in proximity' since it is not used in combination. We believe you must be referring to section S4.4.1 which states that 'no clearance lamp may be combined optically with any taillamp or identification lamp, and no high-mounted stop lamp shall be combined with any other lamp or reflective device.' As we do not know the intended functions of your LED device, I can offer only general comments. Although red is the required color for all rear lighting devices except backup and license plate lamps, amber is permitted as an optional color for rear turn signals, furthermore, amber is generally accepted as indicating the need for caution. Thus, amber is not a lens color whose presence on rear lighting devices would *per se* impair effectiveness. The use of other colors for lighting devices on the rear of vehicles could lead to confusion, and be viewed as impairing the effectiveness of required lighting equipment.; Sincerely, Erika Z. Jones, Chief Counsel

ID: aiam1590

Dear Mr. Heath: Your letter of July 16, 1974, to Mr. Francis Armstrong of the Office o Standards Enforcement has been referred to the Office of Crash Avoidance for reply.; The responses to your 9 questions are as follows:>>> Question 1) When a sidecar is attached to a motorcycle, what referenc point constitutes the vehicle centerline for the mounting location requirements for headlamps in Standard No. 108?; Answer The vertical centerline of the motorcycle alone (not of th combination) is applicable.; Question 2) If the sidecar interferes with the visibility of the sid reflex reflectors on the motorcycle, are additional side reflectors required to be installed on the sidecar under Standard No. 108?; Answer In order to meet the visibility requirements in paragrap S4.3.1.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, an auxiliary reflector(s) is required.; Question 3) When a sidecar is attached to a motorcycle, is the sideca required to be equipped with a right front and rear turn signal and a stop and taillamp under Standard No. 108?; Answer Federal Motor Vehicle Safety Standard No. 108 does not addres the requirements for motorcycle sidecars. The requirements for such add-on equipment are therefore regulated by the individual states. However, if the sidecar interferes with the visibility of these devices, paragraph S4.3.1.1 of Standard No. 108 is applicable.; Question 4) With the sidecar attached, is the wheel on the sideca required to have brakes under Standard No. 122?; Answer Federal Motor Vehicle Safety Standard No. 122 does not addres the requirements for motorcycle sidecars. The requirements for such add-on equipment are therefore regulated by the individual states.; Question 5) If the wheel on the sidecar is required to have brakes should it be included as a part of the split service brake system in Standard No. 122 or should it be considered a part of an independent system?; Answer Federal Motor Vehicle Safety Standard No. 122 does not addres the requirements for motorcycle sidecars. The requirements for such add-on equipment are therefore regulated by the individual states.; Question 6) With the sidecar attached, is a parking brake required a specified for three-wheeled motorcycles in Standard No. 122?; Answer Federal Motor Vehicle Safety Standard No. 122 does not addres the requirements for motorcycle sidecars. The requirements for such add-on equipment are therefore regulated by the individual states.; Question 7) Is Standard No. 119 applicable to the tire and rim of sidecar?; Answer Federal Motor Vehicle Safety Standard No. 119 is applicable t the tire, and FMVSS No. 120, when issued, will be applicable to the rim and installation on the vehicle.; Question 8) Is non-flexible glazing material permitted on the sideca under Standard No. 205?; Answer Yes. Paragraph S5.1.2.1 of FMVSS No. 205 allows the use o 'Rigid Plastics' in motorcycle windscreens at levels not requisite for driving visibility.; Question 9) Is glazing material designated as AS-7 or AS-13 permitte in glazed areas of a sidecar under Standard No. 205?; Answer Both AS-7 and AS-13 are permitted.<<< If safety data does become available which indicates that a potentia safety problem exists, Federal standards will be amended to include those areas not now covered.; We trust that the above will be helpful in your states enforcemen program. If we can be of further service please let us know.; Sincerely, E. T. Driver, Director, Office of Crash Avoidance, Moto Vehicle Programs;

ID: 1984-4.8

TYPE: INTERPRETATION-NHTSA

DATE: 12/18/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: U. S. Customs Service -- Paul Lorelli

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Paul Lorelli Office of Fines, Penalties, and Forfeitures U. S. Customs Service 300 S. Ferry Street San Pedro, California 90731

This is in reply to your request to Taylor Vinson of this office; by telephone on October 31, 1984, for an interpretation of 19 CFR 12.80, and other matters.

Section 12.80(b)(ii) of the import regulations refers to technical noncompliance of a vehicle with Federal motor vehicle safety standards "because readily attachable equipment items which will be attached to the vehicle before it is offered for sale..." are not on the vehicle at the time it is offered for importation into the United States. You have asked the meaning of the phrase "readily attachable equipment items."

As Mr. Vinson explained to you, at the time the importation regulations were being developed, importers commented to the drafters that their practice was to remove certain items from the exterior of a vehicle prior to shipping to prevent breakage or theft. The items mentioned were windshield wipers, wheel covers, and exterior rear view mirrors. Therefore, the final rule took into account the importer's practice by allowing unrestricted entry of vehicles that complied with the exception of "readily attachable equipment items." As bumpers and headlamps are not readily attachable in the sense that wipers, mirrors, and wheel covers are, we do not consider these equipment items to qualify for the exception. Because sale of nonconforming new vehicles is a violation of the National Traffic and Motor Vehicle Safety Act, a dealer who sells a car without the windshield wipers or mirrors attached would be subject to a civil penalty; as a practical matter, a new car won't be sold with such equipment items missing.

You also asked how we insure that a manufacturer continues to produce vehicles that comply with the safety standards. As Mr. Vinson explained, while we have authority to enter places where vehicles are produced or are being held for sale, we do not position inspectors in factories, nor require submission of compliance documentation to us before production commences. The National Traffic and Motor Vehicle Safety Act establishes a self-certification scheme under which a manufacturer must exercise due care in assuring the compliance of its vehicles with all applicable safety standards and must then attach a label to a vehicle at the completion of its manufacture certifying that compliance. The agency will purchase vehicles at random and test them for compliance. If a nonconformance is found, a manufacturer may be subject to civil penalties not only for the production of the noncomplying vehicle but also for providing certification that is false and misleading in a material respect. A tap civil penalty of $800,000 may be assessed for each of these violations. Further, a manufacturer of noncomplying vehicles is required to notify distributors, dealers, and purchasers of noncompliances, and to remedy the condition, by repair, repurchase of the vehicle, or replacement of it with an equivalent. The civil penalty sanctions and notification/remedy and requirements seem to have been successful in creating a climate under which manufacturers, on the whole, have met their obligations.

I hope that this information has been helpful to you.

Sincerely,

Frank Berndt Chief Counsel

ID: Huser.1

Mr. Ken Huser
Eldorado National, Kansas
1655 Wall Street
Salina, KS 67401

Dear Mr. Huser:

This responds to your recent e-mail to the National Highway Traffic Safety Administration (NHTSA), in which you ask whether our regulations include requirements for the activation (illumination) of clearance, identification, and side marker lamps on vehicles of 80 inches or more in overall width. Your correspondence stated that you are seeking confirmation of this point because a customer is requesting that you modify a vehicle equipped with front clearance lamps to provide a switch that would allow the operator to turn off those lamps. The answer to your questions is no, although other Federal or State laws may apply in this situation.

By way of background, NHTSA is authorized to issue Federal motor vehicle safety standards (FMVSSs) that set performance requirements for new motor vehicles and items of motor vehicle equipment. It is the responsibility of manufacturers to certify that their products conform to all applicable safety standards before they can be offered for sale (see 49 CFR Part 571). After the first sale of the vehicle, manufacturers, distributors, dealers, and repair businesses are prohibited from "knowingly making inoperative" any device or element of design installed on or in a motor vehicle in compliance with an applicable standard. 49 U.S.C. 30122.

The requirements for lighting equipment are contained in FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment. As you point out in your e-mail, paragraph S5.5.7 of the standard sets forth activation (illumination) requirements for certain lamps on passenger cars, motorcycles, and on multipurpose passenger vehicles, trucks, and buses less than 80 inches in overall width (e.g., when the parking lamps are activated, the taillamps, license plate lamps, and side marker lamps shall also be activated). It is also correct that, in certain cases, the standard specifies activation requirements for certain lamps on all vehicles, such as paragraph S5.5.3, which provides that the taillamps on each vehicle shall be activated when the headlamps are activated in a steady-burning state. However, the standard contains no similar requirements for any electrical wiring or switching relationship between the clearance, identification, and side marker lamps on vehicles of 80 inches or more in overall width, and any other required lamps.

However, I would note that other authorities with jurisdiction over vehicles operational safety may have addressed this issue, so you may wish to make further inquiries before undertaking modifications to the vehicle in question. Specifically, the Departments Federal Motor Carrier Safety Administration (FMCSA) has jurisdiction over interstate motor carriers operating in the United States. You may wish to contact FMCSA at (202) 366-4009 to obtain further information regarding any FMCSA regulations dealing with vehicle operating requirements related to lighting.

In addition, States have the authority to regulate the use and licensing of vehicles operating within their jurisdictions. Therefore, you may wish to check with the Department of Motor Vehicles in any State where the vehicle will be used regarding any such requirements.

I hope you find this information useful. If you have further questions, please feel free to contact Eric Stas of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:108
d.10/6/04

ID: 1985-04.29

TYPE: INTERPRETATION-NHTSA

DATE: 11/18/85

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. David Gruenzner

TITLE: FMVSS INTERPRETATION

TEXT:

November 18, 1985 Mr. David Gruenzner President, Future Tech Inc. P.O. Box 26B Mankato, MN 56002 Dear Mr. Gruenzner: This is in reply to your letter of September 23, 1985, asking for an interpretation of Federal Motor Vehicle Safety Standard No. 108 as it applies to an aftermarket high-mounted stop lamp/turn signal lamp system. You intend to market three models, as more completely described in the next paragraph. All models are mounted in the interior of the car. Our primary concern is the possibility that the interior-mounted unit will cause undesirable reflections in the rear window, reducing the ability of the operator to judge conditions to the rear of his vehicle as seen through the rear view mirror. For this reason, Standard No. 108 requires the new center-mounted stop lamps mounted on the interior to be provided with means to minimize such reflections. These lamps now in production incorporate shrouds that abut the rear window glazing. Though your after market device would not be prohibited by Standard No. 108 since it does not appear to impair the effectiveness of lighting equipment required by the standard, we encourage you to incorporate design features which will prevent undesirable reflections. Also care should be taken to ensure that, when the device is installed, it does not impair the field of view required for rear view mirrors by Safety Standard No. 111. Your device consists of eight miniature lamps, four mounted on each side of the vertical centerline. We also have some additional concerns about the operation of one of your three models. In the first model, in the turn signal mode, the lamps operate sequentially from the center outward in the direction of the intended turn. In the stop lamp mode, the entire unit will illuminate, "sending a sequential (sic) flashing beam from the middle to both sides." We view the sequential flashing of the lights from the center outwards in the stop lamp mode as prohibited by paragraph S4.6 of the standard which requires all lamps that are flashed for signaling purposes. However, the stop function in the second model is indicated by a steady-burning in use, except for turn signal/hazard warning signal lamps, and headlamps and side marker lamps that are flashed for signaling purposes. However, the stop function in the second model is indicated by a steady-burning light, thus complying with our requirements. In the third model, there will be an additional amber colored lens mounted on top of the red lens. The brake signal will be indicated by a steady red light, while the turn signals will be indicated by flashing amber ones. This method of operation is also acceptable under Standard No. 108 which permits rear turn signals to be either amber or red.

We are unable to assist you with State laws that may affect your devices. We suggest you contact the vehicle administrators in the States where you intend to market your system. I hope that this is responsive to your request. Sincerely, Original Signed By Erika Z. Jones Chief Counsel

ID: 77-1.11

TYPE: INTERPRETATION-NHTSA

DATE: 01/26/77

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Mercedes-Benz of North America, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of December 21, 1976, asking whether Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment applies to fog lamps installed on the rear of passenger cars.

No requirements of Standard No. 108 apply to fog lamps and they are subject to regulation by the individual states. Pursuant to S4.1.3, however, they may be prohibited if they impair the effectiveness of lighting equipment required by Standard No. 108.

You also asked that, absent inclusion of these lamps in Standard No. 108, your letter be treated as a petition "for rulemaking to amend Standard No. 108 to include such lighting requirements . . . for optional use on passenger cars." Your submission does not meet the requirements of our procedural regulations, a copy of which I enclose. Specifically, pursuant to 49 CFR 552.4(c) you should "set forth facts which it is claimed establish that an order is necessary." Among these facts should be reasons why you are petitioning for "optional" rather than mandatory use on passenger cars, and why other vehicles are not included in your petition (if, in fact true).

SINCERELY,

MERCEDES - BENZ OF NORTH AMERICA. INC.

December 21, 1976

National Highway Traffic Safety Administration Office of the Chief Counsel

Subject: Request for Interpretation FMVSS 108

FMVSS 108 specifies performance requirements for certain lamps, reflective devices and associated equipment for use on passenger cars. Mercedes-Benz of North America, Inc. hereby requests interpretation as to whether or not this standard applies to the performance and installation of fog lamps installed on the rear of passenger cars.

This request for interpretation specifically concerns those fog lamps currently used in Europe and subject to EEC regulations, a copy of which is enclosed for your review.

These requirements include a minimum candela output of 150 cd to a maximum of 300 cd measured at any test point within +/- 10 degrees right and left of the lamp axis and +/- 5 degrees up and down on the vertical axis.

The effective projected luminous area for these types of lamps is 140 sq. cm (21.7 sq. in.) maximum. These lamps are wired so as to be switched on with the headlamps and front fog lamps. The color emitted from the lamp when lighted is red within the appropriate SAE-CIE coordinates. The lamp is installed on/or at the rear of the vehicle, left of the centerline, no closer than 100 mm from the stop lamp.

Should this type of lighting device be subject to the current requirement of FMVSS 108, an interpretation is requested as to which aspect of performance this lamp should be designed.

Should this type of lighting device not be subject to the above standard, Mercedes-Benz of North America, Inc. hereby petitions for rulemaking to amend Standard 108 to include such lighting requirements as previously described for optional use on passenger cars.

Samples of these types of lighting devices can be made available for review and testing. Should additional data be necessary to further evaluate this type of lighting system as currently regulated by EEC, please do not hesitate to contact this office.

HEINZ W. GERTH