Interpretation ID: 21314.ztv

Mr. Wade Browder
Rear Gear Products
P.O. Box 404
Durant, OK 74702

Dear Mr. Browder:

Thank you for your letter of February 17, 2000, and the photos you enclosed, telling us about a product you have developed called "Adver-Light." You have asked for "an evaluation and a ruling," and I will tell you how it relates to laws on motor vehicle lighting.

We see from your materials that Adver-Light is a panel containing a message (in this instance "SHOP ONLINE/wal-mart.com/samsclub.com,") mounted on the rear of a tractor trailer and visible under daylight conditions. When the taillamps are on, the message is illuminated, and the illumination increases in intensity when the stop lamps are activated. We therefore consider Adver-Light, when illuminated, to be a supplemental taillamp and stop lamp.

Our agency issues the Federal motor vehicle safety standards that apply to the manufacture of motor vehicles, and which must be met at the time the vehicles are first sold. Standard No. 108, Lamps, Reflective Devices, and Associated Equipment, applies to lighting devices. Paragraph S5.1.3 of Standard No. 108 prohibits supplementary lamps if they impair the effectiveness of lighting equipment that the standard requires. Standard No. 108 requires new vehicles to be equipped with both taillamps and stop lamps. Thus, Adver-Light is permissible as new-vehicle equipment if it does not impair the effectiveness of taillamps and stop lamps (as well as other rear lamps such as turn signals).

In our view, impairment of a required lamp occurs when a supplemental lamp detracts from the clear meaning that the required lamp is intended to convey. This is particularly critical with stop lamps, where a following driver must respond immediately when the stop lamps are activated. It is for this reason that we believe supplemental lamps must not be novel in appearance but instead be consistent with the design and performance of original equipment. Further, a supplemental lamp must not distract a following driver. For this reason, we have considered illuminated message boards on the rear of vehicles to have an impairing effect on the required equipment.

Taking these factors into consideration, we believe that Adver-Light will impair the effectiveness of the stop lamps during daylight hours when it is activated simultaneously with the stop lamps, with its potential to momentarily distract the attention of a following driver. There is also the possibility of impairment at night when a following driver may try to approach the tractor trailer to read the message, and be unable to respond quickly if the trailer stop lamps are suddenly applied. We therefore conclude that S5.1.3 of Standard No. 108 prohibits manufacturers or new-vehicle dealers from installing Adver-Light on a trailer before its first sale.

Though expressed differently, the law has a similar application to after-market devices. Our laws prohibit manufacturers, distributors, dealers, and motor vehicle repair businesses from "making inoperative" any device or element of design installed in accordance with a Federal motor vehicle safety standard. We generally equate "impairment" with "inoperative;" thus, we conclude also that Adver-Light would create at least a partial impairment (inoperability) of the stop lamp system, and could not be installed by any of the four entities mentioned in the second sentence of this paragraph. Note that this prohibition does not extend to the trailer owner. However, the Federal Motor Carrier Safety Administration (FMCSA) has safety regulations that would prohibit the trailer owner from using Adver-Light.

We discussed your letter with the FMCSA, the agency in the Department of Transportation responsible for regulations concerning the operation of commercial motor vehicles. We were advised that if the National Highway Traffic Safety Administration (NHTSA) prohibits manufacturers or new-vehicle dealers from installing Adver-Light on a trailer before its first sale, then the FMCSA would prohibit the operators of commercial motor vehicles used in interstate commerce from using the device. The regulations of the FMCSA (49 CFR 393.11) require that motor carriers operating commercial vehicles in interstate commerce maintain all lamps and reflectors required by Standard No. 108. Commercial motor vehicles must not be equipped with accessories or devices that are inconsistent with or prohibited by the FMCSA's regulations (49 CFR 393.3). Therefore, motor carriers may not use Adver-Light on trailers that are operated in interstate commerce.

With regard to commercial trailers used exclusively in intrastate commerce, State laws and regulations generally would prohibit the use of Adver-Light. States are required to adopt and enforce intrastate motor carrier safety regulations that are compatible with the FMCSA's regulations as a condition of receiving Federal funds through the Motor Carrier Safety Assistance Program. The FMCSA's guidelines for this program are codified at 49 CFR Part 350. If you have any questions about the FMCSA's requirements, you may contact Larry W. Minor, Chief of the Vehicle and Roadside Operations Division, FMCSA (202-366-4012).

If you have further questions about NHTSA regulations, you may phone Taylor Vinson of this Office (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
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