Interpretation ID: 2974yy
Chang & Lawrence
P.O. Box 105-55
Taipei
Taiwan R.O.C.
Dear Mr. Lawrence:
This responds to your letter of April 10, 1991, asking for an amplification of my letter of March 21, with reference to the mounting of an electric sign board in the rear window area, or on the rear, of a passenger car. You have asked whether we would "object to mounting the board in a side window."
Although the only required lighting equipment mounted on the side of vehicles are side marker lamps and reflectors, the most likely place a vehicle will be seen only from the side is when it is crossing an intersection, at a 90-degree angle to the observer. At other times, in the flow of traffic, the side of the vehicle will be viewed obliquely, whether the driver of another vehicle is approaching it from the front or from the rear. Thus, a side mounted electronic sign board may have an even greater potential for impairing the effectiveness of the required front and rear lighting equipment by its potential to distract other drivers from the signals sent by the front and rear lamps when they and the sign board are operated simultaneously. As I explained on March 21, this might also create a partial inoperability of lighting equipment within the meaning of the prohibition discussed in the letter of August 17, l989, that I enclosed. Whether there is an impairment is determined in the first instance by the manufacturer of the vehicle, if it is the installer, or by the dealer, if it performed such work. If a negative determination appears clearly erroneous, NHTSA will inform the manufacturer or dealer responsible for the determination.
You have also asked as to other regulatory bodies that need to be consulted before product marketing for a side mounted sign board can begin. This question appears based on the premise that there would be no Federal objection to the side mounted sign. If you choose to sell this device, its use will be subject to the laws of the States in which it is employed. We are unable to advise you on State laws. The American Association of Motor Vehicle Administrators may be able to assist you. The address is 4600 Wilson Boulevard, Arlington, Va. 22203.
Sincerely,
Paul Jackson Rice Chief Counsel
ref:l08#VSA d:5/l0/9l