Interpretation ID: nht90-3.80

TYPE: Interpretation-NHTSA

DATE: September 4, 1990

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA; Signature by Stephen P. Wood

TO: Emory J. Lariscy -- Lariscy Enterprises, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 8-28-89 from E.L. Lariscy to G. Shifflett (OCC 3910) with Patent Application for Vehicle Safety Light Assembly (graphics omitted); Also attached to letter dated 7-14-89 from J.M. Mundy to E. Lariscy; Also attached to le tter dated 7-14-89 from J.M. Staples to E.L. Lariscy; Also attached to letter dated 8-8-89 from L. Baer to E.L. Lariscy; Also attached to letter dated 7-28-89 from A.M. Kennedy to E.L. Lariscy

TEXT:

We understand that you have waived the request for confidentiality in your letter of August 28, 1989, to George Shifflett, and now wish us to proceed with our legal opinion with respect to your "safety light assembly." In connection with this opinion, o ne of my staff attorneys viewed the videotape that you enclosed (which we return to you with this letter).

Your concept is to provide a warning to following drivers when the driver of the vehicle immediately ahead has released his or her foot from tbe accelerator, and the vehicle has begun to decelerate. On trucks, the device would be mounted singly or in pa irs (as it was in the videotape) "on the safety bumper bracket. In this configuration, it is a rectangular amber lamp 8 inches in height and 3 inches in width with the word "caution" on the lens. Passenger cars would be equipped with either a single sma ller lamp above the center highmounted stop lamp, or to one side, or with two smaller lamps flanking the center lamp. The system works as follows: it is "connected to a switch disposed on the vehicle carburetor and receives current from the vehicle fuse block such that the throttle valve arm on the switch is 'on' and the accelerator pedal is not depressed. When the accelerator pedal is depressed, tbe throttle valve arm moves out of contact with the switch to permit spring actuated opening thereof." Th is means that the system remains activated when the brakes are applied. You believe that the system is simple enough to be installed "by the novice mechanic or vehicle owner."

The National Traffic and Motor Vehicle Safety Act, which this agency administers and which is the relevant Federal statute with respect to your invention, imposes somewhat different requirements for new and used vehicles. If you wish to sell this device to motor vehicle manufacturers or dealers for installation on vehicles before or at the time of their delivery to their first owner, the manufacturer or dealer must ensure that the vehicle remains in compliance with all applicable Federal motor vehicle safety standards when the vehicle is delivered.

There are three Federal motor vehicle safety standards that are relevant to this interpretation: Standard No. 108, pertaining to lighting,

Standard No. 124 on accelerator control systems, and Standard No. 301 relating to fuel system integrity in crash situations. Judging from your letter, Mr. Shifflett has previously advised you that supplementary lighting equipment such as your system is permissible as original equipment on new motor vehicles as long as it does not impair the effectiveness of the lighting equipment required by Standard No. 108. The "impairment" that is of most concern to us is in the effectiveness of the stop lamp to si gnal that the vehicle is braking. From this standpoint, it would be preferable for the amber lamps to be extinguished when the stop lamps go on. However, this is not the way your system operates. Intuitively, the closer your lamps are to the required s top lamps in both location and intensity, the more likely they are to impair the effectiveness of the stop lamps. We are providing you with these views, as the determination of impairment is made in the first instance by the vehicle manufacturer or deal er who installs it.

Standard No. 124, Accelerator Control Systems, specifies that the throttle must return to the idle position within 2 seconds after pressure is released from the accelerator pedal on a vehicle whose GVWR is more than 10,000 pounds, and within 1 second if the GVWR is less. Standard No. 301, Fuel System Integrity, establishes a maximum permissible limit to fuel spillage during and after 30 mph front and rear moving barrier impacts, and at 20 mph for a side impact. Because your modifications are related t o the accelerator and fuel systems, you should ensure that they do not affect the ability of the vehicle on which they are installed to comply with these standards.

If you wish to sell the system in the aftermarket for installation on vehicles already in use, similar considerations apply. The Act specifically prohibits a manufacturer, distributor, dealer, or motor vehicle repair business from rendering inoperative, in whole or in part, any device or element of design installed in accordance with a Federal motor vehicle safety standard. We have interpreted this to mean that modifications that result in a noncompliance with a safety standard are prohibited. Thus, the modifier should ensure that there is no impairment of the rear lamps, or of the ability of the throttle to return to idle within the specified time, or of the ability of the fuel system to meet the impact test requirements.

However, there is no Federal prohibition against modifications by the owner, even if a noncompliance results. Nevertheless, the acceptability of any modifications, whoever performs them, remains subject to the laws of any State in which a vehicle is reg istered or operated. We are unable to advise you whetber your system is legal under the laws of Virginia or any other state, but suggest that you write for an opinion the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlin gton, Virginia 22203.

We appreciate your interest in motor vehicle safety and wish you well.