Interpretation ID: nht80-2.35

DATE: 05/08/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Avery International

TITLE: FMVSS INTERPRETATION

TEXT:

U.S. DEPARTMENT OF TRANSPORTATION NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION WASHINGTON, D.C. 20590

MAY 8, 1980

Mr. Ralph F. Lundregan Government Relations Manager Avery International Specialty Materials Division 50-L Edwards Ferry Road Leesburg, Virginia 22075

Dear Mr. Lundregan:

This is in reply to your letter of April 16, 1980, asking whether Motor Vehicle Safety Standard No. 108 allows "reflective markings (such as red diagonal stripes on a white reflective background) to be used to increase visibility on the front of trucks and heavy vehicles".

You are correct that Standard No. 108 does not directly address this question. The section of the standard that appears most pertinent to it, however, is S4.1.3 prohibiting the installation as original equipment of any reflective device "that impairs the effectiveness of lighting equipment required by" Standard No. 108. We would be concerned, for example, if reflective materials were installed in a manner that might cause confusion with headlamps or front turn signal lamps. We also wish to point out that under the standard the use of the color red is at the rear of motor vehicles and that its appearance in any other location might also cause confusion.

However, as a practical matter the use of reflective materials as truck and heavy vehicle equipment sold either as original equipment or in the aftermarket is governed by requirements of the Bureau of Motor Carrier Safety (Federal Highway Administration) which prohibit use of the color red on the front of a vehicle. You should review their requirements before proceeding with your marketing plans. (49 CFR 393.26(e)(4)).

Sincerely, Frank Berndt Chief Counsel

AVERY INTERNATIONAL Specialty Materials Division

April 16, 1980

Mr. Stephen P. Wood Rulemaking Section Office of the Chief Council NOA-30 NHTSA 400 7th St., S. W. Washington, D.C. 20590

Dear Mr. Wood:

Avery International manufactures self adhesive materials for a wide variety of uses including markings, decals, striping, etc. for various vehicles.

Although our Fasign reflective materials may be used for markings on the side and the rear of trucks and heavy vehicles, a question has been asked on whether similar reflective markings (such as red diagonal stripes on a white reflective background) may be used to increase visibility on the front of such vehicles?

The Federal Motor Vehicle Safety Standard Number 108 on lights and reflective devices does not seem to address this particular question.

Since Avery is in the process of possible marketing for such truck markings, we would appreciate a ruling, interpretation, or reference to something specific regarding this subject.

Thank you for your assistance in this matter.

Sincerely,

Ralph F. Lundregan Government Relations Manager

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