Interpretation ID: 20479.ztv

Mr. Wayne J. Highley
1701 Pontiac Road
Fairview Heights, IL 62208-1432

Dear Mr. Highley:

This is in reply to your letter of July 30, 1999, to Taylor Vinson of this Office asking several questions about motor vehicle lighting.

You are "inquiring into the legitimacy of testing a supplemental rear lighting system which would be in addition to and placed to the sides or proximity of the third brake light." This system consists of amber lights that are energized when the accelerator pedal is released "and would be non-operational and over-ridden by red lights when the brakes are applied."

The possibility of advance brake warning systems is one that has intrigued the public and which has concerned us for many years. In response to these concerns, we published a policy statement of November 4, 1998, setting forth our position on evaluation of new signaling ideas (63 FR 59482-92). I enclose a copy for your information. The discussion on p. 59489 explains the process that we follow.

We first ask whether a new signal lighting idea requires a change in the standardized operation of appearance of a required lamp or piece of lighting equipment required by Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices and Associated Equipment. The answer in your case is no; you would provide a supplementary lighting system. Because S5.1.3 of Standard No. 108 allows auxiliary lighting equipment provided there is no impairment of the effectiveness of lamps and reflectors required by the standard, our next question is whether your system would have an impairing effect, e.g., by masking the operation of required lighting or introducing ambiguity into the meaning of required lighting. Because the lamps in your system operate only when the accelerator is released and are extinguished when the brake pedal is applied, there would be no impairing effect. This means that installation and use of your system, as you have described it, would not violate a Federal regulation.

You have asked whether we are aware of any current or pending fleet studies that would utilize the system you describe. We know of no such studies.

You have also asked whether you might begin such a study, and what criteria would we suggest to insure the validity and integrity of such a fleet study. You may begin such a study, but the opinions of this office are legal in nature and we are not in a position to advise you as to how to conduct the study. We suggest that you review our policy statement for some guidance.

Finally, you have asked whether there is any funding available for such an item or such a study. There is no funding available; the agency funds only its own research lighting projects.

If you have further questions, you may call Taylor Vinson (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:108
d.11/5/99