Interpretation ID: 86-5.36

TYPE: INTERPRETATION-NHTSA

DATE: 10/24/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mrs. Bettie Lou Simcox

TITLE: FMVSS INTERPRETATION

TEXT:

Mrs. Bettie Lou Simcox 10 Martin Place Little Falls, NJ 07424-1709

Dear Mrs. Simcox:

This is in reply to your letter of August 28, 1986, to Taylor Vinson of this Office regarding the acceptability of an aftermarket stop lamp intended for installation on motorcycles. The product is a stop lamp that, when the brake is applied, pulses before going into a steady-burning mode. The New Jersey Department of Motor Vehicles has informed you that stop lamps are required by Federal law to be steady-burning. A representative of this agency has told you that such lamp would be acceptable as a supplementary stop lamp, but not as a replacement lamp. You are writing us for confirmation of the Federal requirement.

Your understanding is essentially correct. Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment requires most vehicle lamps, including stop lamps, to be steady-burning in use, though signal lamps such as turn signals and hazard warning signals must flash. Further, the replacement of an original equipment steady-burning stop lamp with one that flashes before becoming steady-burning would be considered a violation of the National Traffic and Motor Vehicle Safety Act if performed by a manufacturer, distributor, dealer, or motor vehicle repair business, though not if performed by the owner of the vehicle. As for the acceptability of the device as a supplementary stop lamp, Standard No. 108 really does not contemplate a supplementary stop lamp for motorcycles. Although requiring at least ? stop lamp, the standard allows two provided that they "are symmetrically disposed around the vertical centerline." We interpret this a s meaning that a second stop lamp must be identical in all respects to the first one, for surely a confusing situation would result if stop lamps on either side of the vertical centerline were unequal in size or in method of operation. However, the flashing/steady burning stop lamp mounted the vertical centerline would be permissible as an addition to motorcycle stop lamp systems consisting of two lamps mounted on either side of the vertical centerline. Alternatively, if you wished to add two pulsing stoplamps mounted symmetrically around the vertical centerline in addition to the steady-burning original equipment stoplamp, that also would be permissible.

We appreciate your interest in motorcycle safety, and your taking the time to write us of your concerns.

Sincerely,

Erika Z. Jones Chief Counsel

BETTIE LOU SIMCOX 10 Martin Place Little Falls, N.J. 07424-1709

August 28, 1986

Mr. Taylor Vinson N.H.T.S.A. - 5219 U.S. Dept. of Transportation 400 7th Street S.W. Washington, D. C. 20590

Dear Mr. Vinson,

As an advocate of motorcycling I am writing your office for assistance. My husband and I are members a AMA and GWRRA. Our Chapter of GWRRA is based in Northern, New Jersey.

A new product has appeared on the market and before purchasing same I wanted to check the legality of it. It is a stop light which pulsates then turns to a continuous-on light when the brakes are applied. I called many people but no one could give me any information on the laws governing this particular type of lighting so I called New Jersey division of Motor Vehicles. After speaking to different departments, as no one knew the answer, I finally reached the Engineering Department. The gentleman there stated such product would not be legal as only signal lights and hazard lights were approved to pulsate. He further informed me that this was not a State Regulation but a Federal Statute and that the governing department is D.O.T. I then called washington, D.C. Again, I talked to many different departments before finally reaching the Crash Avoidance Department. The information received from them is ? lighting device such as I described would be legal IF used as ADDITIONAL light source not as a REPLACEMENT stop light. Then the brake light from the factory was intact and operating as continuous-on light, then this additional light could be used.

Naturally we want to operate our vehicles legally, but we also want to operate safely. So upon recommendation, I am writing to your office for legal confirmation of this Statue in writing.

Any device which will call attention to our motorcycles to avoid an accident is necessary as far as we are concerned. Too many people think all motorcyclists as "Hell's Angels" type when in fact they represent a very small percentage of cycling entourage. Most of our Chapter members are in the over 40 age bracket. We purchase expensive motorcycles and"dress" them will. Too we wreak because someone says "Oh I didn't know you were going ? I didn't see your lights" and rear-ends us.

I thank you for taking time from your busy schedule to read my letter. Any information you may be able to supply will be greatly appreciated by many.

Awaiting your reply I remain,

Sincerely yours,

Bettie Lou Simcox