ID: aiam5380

Dear Mr. Vierimaa: We are replying to your letter of August 9, 1993 with respect to your views on the enforceability of a section of the Michigan Motor Vehicle Code. This issue apparently arose in correspondence between you and the Michigan Department of State Police in May 1989. Under Section 719(8)(c) of the Michigan Code, a 'semitrailer' whose overall length is more than 50 feet is required to be equipped with 'two clearance lamps, 1 on each side of the semitrailer, located at 1/2 the distance from the front to the rear and as near to the top of the semitrailer as practicable.' In your letter of May 12, 1989, to the State Police, you stated your assumption that the 'two clearance lamps' are the 'intermediate side marker lamps' specified in Federal Motor Vehicle Safety Standard No. 108, and, if Michigan is requiring two additional intermediate side marker lamps, 'then it would appear that your requirement is invalid as FMVSS 108 preempts State regulations which substantially differ.' In support of your views, you provided Michigan with copies of relevant NHTSA interpretations. Michigan replied on May 16, 1989, that NHTSA had not notified it that 'the requirement of an additional 'clearance lamp' as near as to the top of the semitrailer as practicable is preempted by section 103(d)', and that 'the lamp is not a marker lamp as mentioned in 1.7 of the DOT interpretations.' You indicate that this is a reference to our letter of December 10, 1974, to the California Highway Patrol. You ask for our concurrence in your conclusion that Michigan is preempted from enforcing its requirements. The Federal motor vehicle safety standard on motor vehicle lighting is 49 CFR 571.108 Motor Vehicle Safety Standard No. 108 Lamps, Reflective devices, and Associated Equipment. Table II of Standard No. 108 applies, in pertinent part, to trailers of 80 or more inches overall width, and requires them to be equipped with front and rear side marker lamps as far to the front and to the rear as practicable, and with 'intermediate side marker lamps', amber in color, 'located at or near the midpoint between the front and rear side marker lamps.' All side marker lamps are to be mounted not less than 15 inches above the road surface. However, paragraph S5.1.1.3 states that intermediate side marker devices are not required on vehicles less than 30 feet in overall length. Section 103(d) of the National Traffic and Motor Vehicle Safety Act (l5 U.S.C. 1392(d)) states that whenever a Federal motor vehicle safety standard is in effect, no State 'shall have any authority either to establish or continue in effect with respect to any motor vehicle . . . any safety standard applicable to the same aspect of performance of such vehicle . . . which is not identical to the Federal standard' (emphasis added). In our opinion, the 'aspect of performance' covered by Section 719(8)(c) of the Michigan Code is the side conspicuity of extra long trailers, the same 'aspect of performance' that is addressed by the requirements of Table II that I have discussed in the preceding paragraph. Because Standard No. 108 requires trailers more than 50 feet in length to be equipped with intermediate side lamps located not less than l5 inches above the pavement, any State requirement that such trailers be equipped with a supplementary set of lamps in the same approximate vertical plane but as near the top of the trailer as practicable is preempted by Table II of Standard No. 108. The fact that Michigan calls the lamp a 'clearance' lamp rather than a 'marker' lamp does not affect this conclusion (in fact, we regard all non-signal lamps other than headlamps as 'marker' lamps, including the 'clearance' lamps Table II requires on the front and rear of wide trailers). The purpose of the preemption clause is to relieve the burden on interstate commerce that would result from a manufacturer having to meet more than one set of safety requirements to address the same safety concern. It does not affect the right of a State to establish its own safety requirements in areas where there are no Federal ones. The interpretation provided the California Highway Patrol is consistent with this one. There we advised that to the extent that California law prohibited multiple marker lamps or prescribed different mounting requirements other than as permitted by Standard No. 108, those laws were preempted by section 103(d).

Sincerely, John Womack
Acting Chief Counsel

ID: 0849

Ms. Teresa Thompson
1686 Desoto Trail
Dalton, GA 30721

Dear Ms. Thompson:

We have received your letter of April 6, 1995, with respect to an automotive deceleration signal. You have asked for information "on how to have this product tested and approved as well as information on the legal ramifications and liabilities for the product."

The Department of Transportation neither tests nor "approves" products. What it does do is to advise whether motor vehicle equipment is permitted under the statutes and regulations for whose administration it is responsible. In this instance, the appropriate regulation is Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices and Associated Equipment. This standard specifies requirements for only certain items of lighting equipment but it also has an effect on lighting equipment that is not specified in the standard. That is to say, if an item of lighting equipment is not allowable for a manufacturer or dealer to install as original equipment (i.e., equipment on the vehicle at the time of its original sale), in most cases it won't be allowable in the aftermarket for manufacturer or dealer installation on used vehicles as well.

As you describe it, the signal is provided by "a strobe light with an independent power supply, which upon heavy breaking (sic), will activate a strobe for five seconds and on impact for ten minutes." The prototype "is approximately 4" by 3" and may be attached to a rear window."

Federal laws cover brake activation of your strobe signal. Standard No. 108 requires turn signal lamps, hazard warning signal lamps, and school bus warning lamps to flash. Headlamps and side marker lamps may be flashed for signaling purposes. But all other lamps provided as original equipment must be steady-burning. We regard a strobe lamp as one that flashes. For this reason, the deceleration signal you describe could not be installed as original equipment. Further, its installation on a used vehicle would take the vehicle out of compliance with Standard No. 108.

Notwithstanding the discussion above, there is no Federal prohibition on the sale of the strobe signal device, and Federal law does not prevent the vehicle owner from installing it on a used vehicle (however, manufacturers, dealers, distributors, and motor vehicle repair businesses may not do so), no matter what effect the strobe signal may have upon compliance with Standard No. 108. However, the States have the right to decide whether use of the strobe signal is permissible. We aren't able to provide you with information on State laws, and suggest that you seek an opinion from the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22303. We can't advise you on your potential liabilities either, and suggest that you contact your attorney for an opinion on the applicability of local law.

In addition, it is important to note that Standard No. 108 prohibits supplementary original lighting equipment that impairs the effectiveness of the original lighting equipment required by Standard No. 108. The proximity of your strobe device in the rear window to the center highmounted stop lamp required by Standard No. 108 raises the possibility of impairment, especially if the strobe is of a color other than red, or so bright as to mask the center stop lamp signal.

I am sorry to be unable to offer you more encouragement at present, as we share your concern with the negative effects of fog and rain on drivers and vehicles. It is obvious that you have given much thought to this problem. Noting that you are testing a prototype, this agency would be interested in receiving any data you have or may develop showing a positive effect of the strobe signal upon the frequency and severity of rear end collisions. You may send this to Michael Perel, Office of Research and Development, NHTSA, Room 6206, 400 Seventh St. SW, Washington, DC 20590. It is conceivable that at some time in the future we would allow the center stop lamp to flash under conditions of rapid deceleration. This could open the way to permissibility of an additional lamp such as yours.

I note that, to the extent that your device were only to activate upon impact and not during conditions of rapid deceleration, it would not be prohibited by Standard No. 108. Such a device would be permissible as a supplement to, or

substitute for, a vehicle's hazard warning signal system. We do not know whether it would be permissible under State laws (see discussion above).

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

Sincerely,

John Womack Acting Chief Counsel

refL108 d:5/11/95

ID: nht76-2.33

DATE: 10/08/76

FROM: AUTHOR UNAVAILABLE; S. P. Wood for F. Berndt; NHTSA

TO: The Flxible Company

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of September 7, 1976, to Mr. Dyson, formerly of this office, requesting a confirmation that an interpretation of Motor Vehicle Safety Standard No. 108, rendered to the Southern California Rapid Transit District on August 5, 1974, is still valid, and that it can be extended to include identification lamps as well.

In our earlier letter we advised the District that the installation of wiring by a manufacturer enabling a purchaser to connect it to normally steady-burning clearance lamps, enabling them to be flashed to signal a crime in progress, would not violate S4.6(b) which requires clearance lamps to be steady-burning, or S4.1.3 that prohibits installation of motor vehicle equipment which impairs the effectiveness of the lighting equipment required by Standard No. 108. This will confirm that that interpretation is still valid.

Your letter, however, raises two additional issues which deserve to be answered for the record. The first is whether the bus manufacturer rather than the purchaser may make the connection, and the second is whether identification lamps may also be included in the warning system. Since it is our opinion that use of the clearance lamps in an emergency mode creates an item of lighting equipment not required by Standard No. 108 and hence outside its coverage, we have concluded that the manufacturer may connect both clearance and identification lamps to the emergency circuit without any resultant nonconformances with S4.6(b) and S4.1.3.

I hope this is responsive to your request.

SINCERELY,

THE FLXIBLE COMPANY

September 7, 1976

Office of the Chief Counsel National Highway Traffic Safety Administration

Attention: R. B. Dyson

Reference: FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment

Our Company, a manufacturer of urban transit buses, is in receipt of a recent procurement solicitation for transit vehicles from the Southern California Rapid Transit District (SCRTD), Los Angeles, California, which specifies a requirement for a "crime alarm light" system. This system incorporates appropriate circuits, silent switches, a silent electronic flasher unit and a dual filament bulb, all of which are to be used in conjunction with the clearance lamps. Activation of the switch will cause the clearance lamps to flash signalling a crime-in-progress.

We recognize that Section S4.6(b), FMVSS No. 108, permits the flashing of headlamps and side marker lamps for signalling purposes. However, the referenced Section does not stipulate that the flashing of clearance lamps (and identification lamps which are normally on the same circuit) is permitted; in fact, S4.6 (b) requires "all other lamps shall be steady-burning...".

Effective January 1, 1976, the California Vehicle Code authorized the flashing of clearance lamps as crime alarm lights. A copy of this amendment is attached for your information. Also attached is a copy of an August 5, 1974, letter from your office to the SCRTD stating that the operation of the clearance lamps as a warning lamp causes the clearance lamps to become an item of lighting equipment outside the coverage of Standard No. 108. We are assuming the same provision would apply to identification lamps.

Since your previous letter was written over two years ago and in order to assure ourselves that, as a vehicle manufacturer our product is not in violation of S4.6, FMVSS No. 108, when we comply with an operator's requirement, we request that a similar letter, addressed to the Flxible Company, indicating that the flashing of clearance lamps and/or identification lamps as a warning lamp system is not prohibited by Standard No. 108 be forwarded for retention in our Part 576, Record Retention, file. It is suggested that perhaps an amendment to FMVSS No. 108 incorporating this information is in order.

We thank you for your effort in providing the above requested letter.

R. L. Ratz

Buses: Crime Alarm Lights

25275.5. Any bus operated either by a public agency or under the authority of a certificate of public convenience and necessity issued by the Public Utilities Commission may be equipped with a system of crime alarm lights. The system of crime alarm lights shall consist of the installation of additional lamp sources, not exceeding 32 standard candlepower or 30 watts, in the front and rear clearance lamps required or permitted by Section 25100. Such lamps shall be approved by the department and shall be operated by a flasher unit or units that are not audible inside the bus. When actuated, both rear crime alarm lights shall flash simultaneously and both front crime alarm lights shall flash simultaneously. Crime alarm lights shall be actuated only when a crime is in progress on board the bus or has recently been committed on board the bus.

Added Ch 777. Stats. 1975. Effective January 1, 1976.

ID: 24200.ztv

Trooper Lawrence D. Richardson
Massachusetts State Police
200 Scotland Road
Newbury, MA 01950

Dear Trooper Richardson:

This is in reply to your e-mail earlier this year to the National Highway Traffic Safety Administration Webmaster. You are concerned about several motor vehicle lighting devices that you have seen recently on vehicles in your state. These include "red, green, purple, blue and other colors that are mounted in the front or rear of the vehicle," vehicles with clear taillamp lenses, and vehicles with no rear "reflective red lenses." You asked whether these types of devices are allowable.

We do not understand your reference to your motor vehicle law that "refers to part 571 as far as after market lights are concerned." Whether non-standard lighting equipment is allowable on vehicles in use is at bottom a matter of State law. The legality of modifications by vehicle owners is generally determined by laws of the jurisdiction where a vehicle is registered and/or operated. We believe, therefore, that Massachusetts law contains the answers to your questions.

Under Federal law, much of what you have observed would not be permissible as original vehicle equipment. As you realize, motor vehicles are originally manufactured with lighting equipment that emits red, amber, or white light. No other colors are permitted for original equipment lighting by the Federal motor vehicle safety standard on vehicle lighting (49 CFR 571.108, Lamps, Reflective Devices and Associated Equipment) (except that some States reserve blue for use in emergency lighting). Items of replacement lighting equipment are also required under Federal law to emit the same color light as the original equipment they are designed to replace.

Accessory equipment on new vehicles is permissible under Federal law if it does not impair the effectiveness of original equipment required by Standard No. 108. We interpret this as prohibiting lamps of colors different than red, amber, or white, because of the possibility that non-standard colors could cause momentary confusion in other drivers, diverting their attention from lamps that signal driver intention, such as stop lamps and turn signal lamps. This means that we do not allow green, purple, or blue lamps as original equipment on private vehicles. Further, we do not allow red lamps of any sort, or reflectors, to be mounted at a location other than the rear side, or rear, of a vehicle.

Generally, if accessory lighting equipment is not permissible on new vehicles, it will not be permissible as an aftermarket accessory for vehicles in use. The legal consideration in this instance is whether the accessory makes inoperative in any way a lamp installed in accordance with Standard No. 108. Usually, we conclude that, if a device impairs the effectiveness of a required item of lighting equipment, it will also make that equipment inoperative in part. However, our law does not prohibit a vehicle owner personally from making any safety equipment inoperative on his or her vehicle. In that instance, the legality of installation and use is determined under State law.

Some replacement taillamp housings are available with clear lenses, intended to be used in conjunction with a red incandescent light source. We are unaware of any original equipment lamp required to emit the color red that consists of a clear lens and a red bulb and that is certified to comply with standard No. 108. This is not simply a design choice; we know of no red bulb now or ever in production that conforms to Standard No. 108s color specification. The combination of a clear bulb and a red lens, therefore, is the only way to design a lamp that conforms to Standard No. 108s requirement that its light be red. This means that the manufacturer of clear lenses or lamps intended to replace lenses or lamps whose original color was red is in violation of S5.8 of Standard No. 108. Many of these original equipment taillamps also incorporate the red reflex reflector that Standard No. 108 requires to be located on the rear side and rear of vehicles, whereas the replacements with clear lenses do not. This also does not comport with Standard No. 108. A similar situation exists with respect to headlamps that originally incorporated amber side reflex reflectors. If the replacement lamp does not include the reflector, this, too, would not comport with Standard No. 108.

You also mentioned "snake eyes" lights "that are displayed where the window washer fluid should be coming out, in all different colors," including purple, green, and blue. Such an accessory would appear to have an impairing effect upon original lighting equipment if its colors are other than white or amber (on the front), or red (on the rear), or if the light is of such an intensity as to distract another drivers attention from the light emitted by required lighting equipment.

If you have any questions, you may phone Taylor Vinson of this Office (202-366-5263).

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:108
d.7/29/02

ID: 7418-2

Mr. Trevor Buttle, Project 4
Southam Drive
Kineton Road Industrial Estate
Southam, Leamington Spa,
Warwickshire, CV33 OFA England

Dear Mr. Buttle:

This responds to your letter concerning Federal Motor Vehicle Safety Standard No. 102, Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect. You requested clarification of the standard's requirement that certain information be displayed "in view of the driver." You also asked whether the display must be permanently illuminated. Your questions are responded to below.

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 or equipment comply with applicable standards. The following represents our opinion based on the facts provided in your letter.

For vehicles with automatic transmissions, Standard No. 102 requires that identification of shift lever positions, including the positions in relation to each other and the position selected, must be displayed "in view of the driver" at specified times. See S3.1.4 through S3.1.4.4. For vehicles with manual transmissions, the standard requires that identification of the shift lever pattern of manual transmissions, except three forward speed manual transmissions having the standard "H" pattern, must be displayed "in view of the driver" at specified times. See S3.2.

You stated that you believe that the requirement for certain information to be displayed "in view of the driver" relates to the 95 percent eye range contour, hence requiring a display on or near to the "instrument binacle." You asked whether this is correct, or whether floor shift identification is sufficient.

NHTSA has previously addressed Standard No. 102's requirement that certain information be displayed "in view of the driver" in connection with a request for interpretation concerning the identification of the shift lever pattern of manual transmissions. The agency concluded that the pattern "is deemed to be `displayed in view of the driver' if part of it may be seen from the driver's normal eye position and a reasonable amount of movement of the driver allows him to gain full view of the pattern." (Letter to Daimler-Benz of North America, February 27, 1967.) Thus, the information required by Standard No. 102 to be displayed in view of the driver may be displayed on the instrument panel, floor console, or other locations, so long as these criteria are satisfied.

Your second question asked whether the information required to be displayed by Standard No. 102 must be permanently illuminated for night usage. You stated that some auto makers have made this facility switchable.

NHTSA's requirements concerning the illumination of motor vehicle controls and displays are set forth in Standard No. 101, Controls and Displays. S5.3.1 of the standard requires that if a gauge is listed in column 1 of Table 2 and accompanied by the word "yes" in column 5, then the gauge and its identification must be illuminated whenever the ignition switch and/or the headlamps are activated. The last gauge listed in Table 2 is "automatic gear position," and the word "yes" appears in column 5. Therefore, automatic gear position gauges, i.e., the gauges which provide the information required by Standard No. 102 to be displayed for automatic transmission vehicles, are subject to Standard No. 101's illumination requirement.

Under S5.3.3 of Standard No. 101, an automatic gear position gauge may have levels of brightness at which the gauge and its identification are not visible. It is common, for example, for manufacturers to provide a variable light intensity control that enables the driver to turn the illumination for conventional automatic gear position gauges down to off.

It is important, however, to distinguish between turning the illumination off i.e., no illunimation, but display still visible, and adjusting the gauge itself in a way that it no longer displays the required information. As indicated above, Standard No. 102 requires that certain gear position information be displayed in view of the driver at specified times. This requirement would not be met if it were possible for the driver to adjust the automatic gear position gauge in a way that it no longer displayed the required information during the specified times. An example of this would be an electronic gauge using light emitting diodes, where the driver, while driving, could turn the electronic display down to the off level. In this instance, the gauge would not be displaying the required information.

I hope this responds to your concerns. If you have any further questions, please contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel

ref:101#102 d:8/13/92

ID: nht79-1.20

DATE: 09/20/79

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Volvo of America Corporation

TITLE: FMVSS INTERPRETATION

TEXT:

Norman Friberg, P.E. Engineer, Regulatory Affairs Volvo of America Corporation Rockleigh, New Jersey 07647

Dear Mr. Friberg:

This is in response to your letter of February 5, 1979, and your telephone conversations with Mr. Schwartz of my office.

Section 4.5.2 of Federal Motor Vehicle Safety Standard No. 115 (Vehicle Identification Number) states that the second section of the vehicle identification number for passenger cars shall be decipherable into the vehicle's line, series, body type, engine type, and restraint system type. "Line" is defined as "a name which a manufacturer applies to a family of vehicles which have a degree of commonality in construction, such as body, chassis or cab type." "Series" is defined as "a name which a manufacturer applies to a subdivision of 'line,' denoting price, size, or weight identification, and which is utilized by the manufacturer for marketing purposes."

In Volvo's view, the only "line" it markets in the United States is the "200-series." Within this line, there are several models differentiated by body style and number of engine cylinders. Each model is offered in several different "sales versions," designated by a two- or three-letter suffix. Sales versions differ as to trim, upholstery, and other items which Volvo has designated as cosmetic. It is Volvo's desire not to encode the particular sales version of the vehicle in its VIN.

Based on the facts presented, it is apparent that each "sales version" could also be designated a "series" if Volvo desired. Nonetheless, the definition of "series" makes clear that the responsibility for applying and utilizing the "series" designation rests initially with the manufacturer. If a manufacturer chooses not to designate separate series for marketing reasons because of the superficiality of the differences between the potential series, the agency will not require such a designation.

Sincerely,

Frank Berndt Chief Counsel

February 5, 1979

Mr. Joseph J. Levin, Jr. Chief Counsel Department of Transportation National Highway Traffic Safety Administration 400 Seventh Street, SW Washington, DC 20590

Re: Request for Interpretation, FMVSS No. 115

Dear Mr. Levin:

Section 4.5.2 of FMVSS No. 115 states that the second section (Vehicle Attributes section) of the VIN shall consist of five characters which shall uniquely identify attributes which, for passenger cars, must include line, series, body type, engine type, gross vehicle weight rating and restraint system type. Section 3 defines "series" as a name which a manufacturer applies to a subdivision of a "line" denoting price, size or weight identification, and which is utilized by the manufacturer for marketing purposes.

Currently, Volvo markets only one line of passenger cars in the United States, the "200-series" which includes 2-door and 4-door sedans, 2-door coupe, and station wagon body types. Except for the differences dictated by body type, U.S. Volvo car models share the same chassis, suspension and, to a great degree, body components. In fact it can be said that, except for minor cosmetic differences, all Volvo cars of a given model year and body type are basically the same in structure and appearance.

These minor differences are denoted by a "sales version" suffix which is a two or three-letter designation. The sales version's currently available in the U.S. are DL, GL, GLE, and GT. (A further designation, C, is used to designate the coupe, which is actually a different body type.) The cosmetic differences denoted by sales version may include such items as:

Grille Emblem Wheel Design Electric Mirrors Leather Upholstery Front Spoiler Rectangular Headlamps Tachometer Fog Lamps The distinction between sales version is further diluted by the fact that most of the components listed are available as options, and many Volvo owners select these options so that their car more closely resembles a higher priced version.

In future model Volvos, the sales version may also designate engine type (number of cylinders, gasoline or diesel). However, this information is coded elsewhere in the Vehicle Attributes section of the VIN.

While sales version may have some slight impact on retail price, this is determined to a far greater extent by body type, engine type, and the options chosen by the purchaser.

It is our interpretation that sales version, as described above, must not necessarily be decipherable from the VIN. Please advise as to whether you agree with this interpretation.

If I can be of any assistance in this matter, please feel free to call.

Sincerely yours,

VOLVO OF AMERICA CORPORATION Product Planning and Development

Norman Friberg, P.E. Engineer, Regulatory Affairs

NF/EB

ID: nht95-2.78

TYPE: INTERPRETATION-NHTSA

DATE: May 11, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Teresa Thompson

TITLE: NONE

ATTACHMT: ATTACHED TO 4/6/95 LETTER FROM TERESA THOMPSON TO NHTSA (OCC 10849)

TEXT: Dear Ms. Thompson:

We have received your letter of April 6, 1995, with respect to an automotive deceleration signal. You have asked for information "on how to have this product tested and approved as well as information on the legal ramifications and liabilities for the p roduct."

The Department of Transportation neither tests nor "approves" products. What it does do is to advise whether motor vehicle equipment is permitted under the statutes and regulations for whose administration it is responsible. In this instance, the appro priate regulation is Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices and Associated Equipment. This standard specifies requirements for only certain items of lighting equipment but it also has an effect on lighting equipment that is not specified in the standard. That is to say, if an item of lighting equipment is not allowable for a manufacturer or dealer to install as original equipment (i.e., equipment on the vehicle at the time of its original sale), in most cases it won't be allowable in the aftermarket for manufacturer or dealer installation on used vehicles as well.

As you describe it, the signal is provided by "a strobe light with an independent power supply, which upon heavy breaking (sic), will activate a strobe for five seconds and on impact for ten minutes." The prototype "is approximately 4" by 3" and may be a ttached to a rear window."

Federal laws cover brake activation of your strobe signal. Standard No. 108 requires turn signal lamps, hazard warning signal lamps, and school bus warning lamps to flash. Headlamps and side marker lamps may be flashed for signaling purposes. But all other lamps provided as original equipment must be steady-burning. We regard a strobe lamp as one that flashes. For this reason, the deceleration signal you describe could not be installed as original equipment. Further, its installation on a used veh icle would take the vehicle out of compliance with Standard No. 108.

Notwithstanding the discussion above, there is no Federal prohibition on the sale of the strobe signal device, and Federal law does not prevent the vehicle owner from installing it on a used vehicle (however, manufacturers, dealers, distributors, and mot or vehicle repair businesses may not do so), no matter what effect the strobe signal may have upon compliance with Standard No. 108. However, the States have the right to decide whether use of the strobe signal is permissible. We aren't able to provide you with information on State laws, and suggest that you seek an opinion from the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22303. We can't advise you on your potential liabilities either, and suggest th at you contact your attorney for an opinion on the applicability of local law.

In addition, it is important to note that Standard No. 108 prohibits supplementary original lighting equipment that impairs the effectiveness of the original lighting equipment required by Standard No. 108. The proximity of your strobe device in the rea r window to the center highmounted stop lamp required by Standard No. 108 raises the possibility of impairment, especially if the strobe is of a color other than red, or so bright as to mask the center stop lamp signal.

I am sorry to be unable to offer you more encouragement at present, as we share your concern with the negative effects of fog and rain on drivers and vehicles. It is obvious that you have given much thought to this problem. Noting that you are testing a prototype, this agency would be interested in receiving any data you have or may develop showing a positive effect of the strobe signal upon the frequency and severity of rear end collisions. You may send this to Michael Perel, Office of Research and D evelopment, NHTSA, Room 6206, 400 Seventh St. SW, Washington, DC 20590. It is conceivable that at some time in the future we would allow the center stop lamp to flash under conditions of rapid deceleration. This could open the way to permissibility of an additional lamp such as yours.

I note that, to the extent that your device were only to activate upon impact and not during conditions of rapid deceleration, it would not be prohibited by Standard No. 108. Such a device would be permissible as a supplement to, or substitute for, a ve hicle's hazard warning signal system. We do not know whether it would be permissible under State laws (see discussion above).

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

ID: nht92-5.3

DATE: August 1, 1992 EST

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Trevor Buttle -- Project P4

TITLE: None

ATTACHMT: Attached to letter dated 6/22/92 from Trevor J. Buttle to Office of Chief Council, US DOT (OCC 7418)

TEXT:

This responds to your letter concerning Federal Motor Vehicle Safety Standard No. 102, Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect. You requested clarification of the standard's requirement that certain information be displayed "in view of the driver." You also asked whether the display must be permanently illuminated. Your questions are responded to below.

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 or equipment comply with applicable standards. The following represents our opinion based on the facts provided in your letter.

For vehicles with automatic transmissions, standard No. 102 requires that identification of shift lever positions, including the positions in relation to each other and the position selected, must be displayed "in view of the driver" at specified times. See S3.1.4 through S3.1.4.4. For vehicles with manual transmissions, the standard requires that identification of the shift lever pattern of manual transmissions, except three forward speed manual transmissions having the standard "H" pattern, must be displayed "in view of the driver" at specified times. See S3.2.

You stated that you believe that the requirement for certain information to be displayed "in view of the driver" relates to the 95 percent eye range contour, hence requiring a display on or near to the "instrument binacle." You asked whether this is correct, or whether floor shift identification is sufficient.

NHTSA has previously addressed Standard No. 102's requirement that certain information be displayed "in view of the driver" in connection with a request for interpretation concerning the identification of the shift lever pattern of manual transmissions. The agency concluded that the pattern "is deemed to be 'displayed in view of the driver' if part of it may be seen from the driver's normal eye position and a reasonable amount of movement of the driver allows him to gain full view of the pattern." (Letter to Daimler-Benz of North America, February 27, 1967.) Thus, the information required by Standard No. 102 to be displayed in view of the driver may be displayed on the instrument panel, floor console, or other locations, so long as these criteria are satisfied.

Your second question asked whether the information required to be displayed by Standard No. 102 must be permanently illuminated for night usage. You stated that some auto makers have made this facility switchable.

NHTSA's requirements concerning the illumination of motor vehicle controls and displays are set forth in Standard No. 101, Controls and Displays. S5.3.1 of the standard requires that if a gauge is listed in column 1 of Table 2 and accompanied by the word "yes" in column 5, then the gauge and its identification must be illuminated whenever the ignition switch and/or the headlamps are activated. The last gauge listed in Table 2 is "automatic gear position," and the word "yes" appears in column 5. Therefore, automatic gear position gauges, i.e., the gauges which provide the information required by Standard No. 102 to be displayed for automatic transmission vehicles, are subject to Standard No. 101's illumination requirement.

Under S5.3.3 of Standard No. 101, an automatic gear position gauge may have levels of brightness at which the gauge and its identification are not visible. It is common, for example, for manufacturers to provide a variable light intensity control that enables the driver to turn the illumination for conventional automatic gear position gauges down to off.

It is important, however, to distinguish between turning the illumination off i.e., no illunimation, but display still visible, and adjusting the gauge itself in a way that it no longer displays the required information. As indicated above, Standard No. 102 requires that certain gear position information be displayed in view of the driver at specified times. This requirement would not be met if it were possible for the driver to adjust the automatic gear position gauge in a way that it no longer displayed the required information during the specified times. An example of this would be an electronic gauge using light emitting diodes, where the driver, while driving, could turn the electronic display down to the off level. In this instance, the gauge would not be displaying the required information.

I hope this responds to your concerns. If you have any further questions, please contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

ID: nht89-1.39

TYPE: INTERPRETATION-NHTSA

DATE: 03/15/89

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: BYUNG M. SOH -- TARGET MARKETING SYSTEMS, INC.

TITLE: NONE

ATTACHMT: LETTER DATED 10/05/88 FROM BYUNG M. SOH TO TAYLOR VINRON; OCC 2648

TEXT: Dear Mr. Soh:

This responds to your letter of October 5, 1988, inquiring whether your "Starrace" hub cap violated Standard No. 211, Wheel Nuts, Wheel Discs, and Hub Caps (49 CFR @ 571.211) or any other of our safety standards. You explained that your self lighting hu b cap includes a motion activated LED light whose intensity varies according to the speed of the vehicle. You further noted that the LED, which has a maximum intensity of 40mmAmp, is designed for cosmetic rather than illuminating purposes. As explained below, your device would not appear to violate Standard No. 211. However, this device may present problems of compliance with Standard No. 108, Lamps, Reflective Devices, and Associated Equipment (49 CFR @ 571.108).

Standard No. 211 prohibits winged projections on wheel nuts, wheel discs, and hub caps. This prohibition extends to these items of motor vehicle equipment both as items of original equipment on new passenger cars and multipurpose vehicles and as items s old in the aftermarket as replacement parts for use on such vehicles. Judging by the picture enclosed with your letter, it does not appear that this hub cap has any winged projections. Nothing in Standard No. 211 explicitly prohibits LEDs on hub caps, wheel nuts, or wheel discs. Accordingly, your product does not appear to violate any provision of Standard No. 211.

However, the self lighting nature of your hub cap may raise questions under Standard No. 108. If this hub cap is marketed as original equipment to be installed before the initial sale of a motor vehicle, the vehicle with these hub caps installed must be certified as complying with Standard No. 108. Section S4.1.3 of Standard No. 108 provides that "No additional lamp, reflective device, or other motor vehicle equipment shall be installed that impairs the effectiveness of lighting equipment required by this standard." As I stated in my September 13, 1988 letter to you with respect to different equipment, we interpret this requirement as follows:

"Effectiveness may be impaired if the device creates a noncompliance in the existing lighting equipment or confusion with the signal sent by another lamp, or functionally interferes with it, or modifies its candlepower to either below the minima or ab ove the maxima permitted by the standard." (emphasis added)

Your product might impair the effectiveness of the required lighting by causing motorists to confuse its signal with the signal emitted by headlamps, stoplights, brakelights, taillights, side marker lamps, and other lighting devices. Such confusion is p ossible since your product is located on the wheels at approximately the same level as the lights required by Standard No. 108. This impairment of effectiveness would be especially likely if the hub cap lights were the same color (red, amber or white) as the lights required by Standard No. 108.

As for the aftermarket sale of your product, under @ 108(a)(2)(A) of the Safety Act, a manufacturer, distributor, dealer, or motor vehicle repair business may not perform modifications that render inoperative, in whole or in part, an element of design, s uch as lighting equipment, installed in compliance with a Federal safety standard. Again, if these lighted hub caps would impair the effectiveness of the lighting required by Standard No. 108, we would consider each aftermarket installation of the hub c aps by the manufacturer, distributor, dealer, or repair business to be a violation of the "render inoperative" provision of the Safety Act. Section 109 of the Safety Act provides for a civil penalty of up to $ 1,000 for each violation of the "render ino perative" provision. Please note that the Safety Act does not restrict a vehicle owner from modifying his or her own vehicle, even if the modification resulted in the vehicle no longer complying with Standard No. 108. Such modifications may, however, b e prohibited by State law.

Additionally, you should be aware that as a manufacturer of motor vehicle equipment, you will be subject to the requirements of sections 151-159 of the Safety Act (15 U.S.C. 1411-1419), concerning the recall and remedy of vehicles and equipment with defe cts related to motor vehicle safety. If it were determined that your product had a defect related to motor vehicle safety, you as the manufacturer would have to notify purchasers of the defect and either:

1. repair the product so that the defect is removed; or

2. replace the product with an identical or reasonably equivalent product that does not have the defect.

In either case, the manufacturer must bear the full expense of the remedy and cannot charge the product owner for the remedy if the product was first purchased less than eight years before the notification campaign.

If you have any further questions or need more information on this subject, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

ID: 24459.ztv

Mr. Steve Karcz
Helmetlight, Inc.
P.O. Box 190151
Anchorage, AK 99519

Dear Mr. Karcz:

This is in reply to your letter of May 20, 2002, with reference to your "Lead-Dog Helmet Light" intended for motorcycle operators.You asked whether there are "Federal issues" involved with it.

You related that the Helmet Light "is wired to the motorcycles existing headlight, taillight, and brake light wires," and then, "attached to the riders helmet with VELCRO." You stated further that "our headlight is wired into the high beam wire of the motorcycle and controlled by the high/low beam switch." When the Helmet Light is on, "our housing illuminates red creating a second, more visible taillight atop the helmet." Finally, "our brake light is wired to the motorcycles brake light wire and activated by the brake light switch. . . ." We note from your website that the light source is described as a "35 watt halogen spotlight."

I enclose a copy of an interpretation of this Office dated May 22, 1992, to Larry Nunn of Automotive Lighting Technologies regarding a similar invention. This letter will provide you with our views on the relationship to your invention of the laws that we administer. Our views remain the same today. However, the relevant statute was recodified in 1994. As a result, the statutory references in the 1992 letter have changed."Section 102(4) of the Safety Act (15 U.S.C. 1391(4))" defining "motor vehicle equipment," is now 49 U.S.C. 30102(a)(7). "Section 108(a)(2)(A)" relating to post-sale vehicle modifications has become 49 U.S.C. 30122. Finally, "sections 151-159 of the Safety Act (15 U.S.C. 1411-1419)" concerning recall and remedy are now 49 U.S.C. 30117-30121.

In brief, Helmet Light is considered "motor vehicle equipment" under the Safety Act. There are no Federal motor vehicle safety standards (FMVSS) that directly apply to motor vehicle equipment that is designed to be attached to a motorcycle helmet and connected with the wiring system of a motorcycle. We are concerned, however, about the potential effects of Helmet Light on compliance of the helmet to which it is attached, with FMVSS No. 218, Motorcycle Helmets, and of the motorcycle with FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment, when Helmet Light is connected with the wiring system.

Specifically, FMVSS No. 218 (S5.5) prohibits a motorcycle helmet from having a rigid projection on the outside of a helmet shell, except for "those required for operation of essential accessories, and shall not protrude more than 0.20 inch (5 mm)." We do not regard Helmet Light as an "essential accessory" within the meaning of the phrase. This means that a motorcycle helmet to which Helmet Light is attached would not comply with FMVSS No. 218. Under 49 U.S.C. 30112(a), it is a violation to manufacture for sale, sell, or offer for sale a motorcycle helmet that fails to comply with FMVSS No. 218. This means that a helmet may not be sold with Helmet Light attached, or as part of the sale of a new helmet. Whether it is legal for a person to operate a motorcycle while wearing a helmet with Helmet Light attached is not a Federal question, but a question to be answered under the laws of each jurisdiction in which Helmet Light is used.

Individual items of lighting equipment on motor vehicles are required to meet specified minimum candela at certain specified test points. We would have a safety concern if connection of Helmet Light to the motorcycle lighting system in some manner reduced candela at any test point of any lamp below the minimum specified in the standard so that the motorcycle no longer complied with the specifications of FMVSS No. 108 when Helmet Light was operating.

We are also concerned about the potential glare effects of the use of Helmet Light, which you further describe as a "35 halogen watt spot lamp." You advise on your web site "NEVER point spot lamp at another persons eyes, you may temporarily affect their vision."This caution indicates that there is a distinct possibility of glare when a motorcyclist wearing a Helmet Light turns his or her head side to the side when approaching a crossroads or corner, or when the light is projected into the interior and exterior rearview mirrors of a vehicle ahead. Glare is a current issue of great public concern, and the agency has received several hundred letters relating to headlamps and daytime running lamps.

We would be especially concerned if the "35 halogen watt spot lamp" were distracting to the point that an oncoming driver would fail to notice the motorcycles front turn signals when they were operating. Lighting equipment other than that specified by FMVSS No. 108 is not permissible as original equipment if it impairs the effectiveness of required lighting equipment such as turn signal lamps. Although Helmet Light is not an item of original motorcycle lighting equipment, it becomes part of the overall motorcycle lighting and conspicuity package when it is used and there are sound safety reasons that the same principle should apply, that it not impair the effectiveness of the required lighting equipment.

However, there is no Federal prohibition on the sale of Helmet Light as a vehicle accessory independent of the sale of a motorcycle helmet. As noted above, State laws determine whether it is legal to operate a motorcycle while wearing a Helmet Light.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosure
ref:108
d.9/23/02