Interpretation ID: 2668y

Mr. Hiroshi Kato
Vice President
Mitsubishi Motors America, Inc.
Suite 1960
3000 Town Center
Southfield MI 48075

Dear Mr. Kato:

This is in reply to your letter of September 4, l990, asking for an interpretation of paragraph S5.1.3 of Standard No. l08 with respect to two of Mitsubishi's contemplated rear lighting plans.

In the first plan, the rear garnish panel located between the lamps that are mounted at the right and left extremities of the car would be dark but the word "Mitsubishi" in the center would be illuminated. In the second plan, the panel would be illuminated as a supplemental taillamp, and the word would not. You ask if either plan would create an "impairment" of the required lighting equipment, within the prohibition of S5.1.3.

Judging by the photograph of the Pontiac Fiero that you enclosed, which featured a design similar to your first plan, it does not appear that this plan would create an impairment.

We note that the backup lamp is located in the garnish panel, approximately l5 mm from the word "Mitsubishi", and this raises a question with respect to the second plan. When the taillamps are illuminated, so that there is a broad sweep of red light across the rear of the car, we would be concerned that the backup lamps in the garnish panel might not be readily perceived when activated. We would also be concerned that the illuminated panel might detract from the effectiveness of the stop lamps when they are activated. To ensure that the lighted panel creates no impairment of either the stop lamps or the backup lamps, it might be advisable to design it with an intensity that is lower than that of the adjacent taillamps.

The determination of impairment is to be made by the vehicle manufacturer in its certification that the vehicle complies with all applicable Federal motor vehicle safety standards. Unless that determination appears clearly erroneous, NHTSA will not question it.

I hope that this answers your question.

Sincerely,

Paul Jackson Rice Chief Counsel

ref:l08 d:9/26/90