Interpretation ID: 21357.ztv
Mr. Gene A. Simpkins, Jr.
1835 - 18th Avenue A
Moline, IL 61265
Dear Mr. Simpkins:
Senator Fitzgerald has asked us to reply to your e-mail to him regarding whether State laws permit the use of neon undercarriage lighting on motor vehicles.
Your letter asserts that "There is no law, in any state, that prohibits neon lighting." You ask "does this truly represent the legal position held by each state?"
We understand that neon undercarriage lighting is prohibited in Pennsylvania. I regret that we are not conversant with other State lighting laws . We establish the Federal motor vehicle safety standards which must be met at the time a vehicle is sold. Under Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment, neon undercarriage lighting, as a supplemental lighting device, is permitted as original equipment, installed either by the manufacturer or dealer, provided it does not impair the effectiveness of the lighting equipment that the standard requires. I enclose copies of three letters we have written to inquirers on this topic (August 9, 1984, to Lawrence Farhat; July 29, 1993, to Director Shipley of the Ohio Department of Safety; and April 21, 1992, to Allan Schwartz) which discuss the subject under Federal law and explain the relationship between Federal and State lighting laws.
These letters continue to represent our interpretation of Federal law. However, we understand that the American Association of Motor Vehicle Administrators no longer provides advice about State laws as they did at the time these letters were written. This means that, in order to verify your conclusion, you will have to contact the motor vehicle administration of each State as to whether it prohibits undercarriage neon lighting.
If you have any questions, you may telephone Taylor Vinson of this Office (202-366-5263).
Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:108
d.3/30/2000