Interpretation ID: 7064
President, Tron Industries, Inc.
9130 Wiles Road, Suite 142
Coral Springs, FL 33067
Dear Mr. Schwartz:
This responds to your letter of April 16, 1992, to Taylor Vinson of this Office, asking for "an opinion why the State of Louisiana has not adopted the Code of Federal Regulations, 49 CFR Ch. V as it pertains to automotive accessory lighting."
Lumitron is described as "an electronic neon lighting kit for vehicles which is sold and installed as an automotive aftermarket product." You state that it is "legal for street use as long as it is installed below bumper level and under the vehicle." You further state that both the Florida Highway Patrol and Kevin Cavey of this agency "confirmed" your findings that Lumitron "falls under" Standard No. 108. However, the State of Louisiana has "not uniformly adopted or follow the Code of Federal Regulations, 49 CFR Ch. V as it pertains to automotive aftermarket lighting." It appears that authorities in Louisiana believe Lumitron is legal but it has to be approved by the Commissioner. You have asked us for "a letter confirming what we already understand about this regulation that we could submit to the Commissioner. He would then be able to adopt it as Louisiana Law thus making our product legal for use in that state."
Contrary to your assumption and those of the officials you mention, Lumitron is not covered by Standard No. 108. The only aftermarket equipment directly regulated by the standard is equipment intended to replace original equipment required by Standard No. 108, such as headlamps. Such is not the case with Lumitron.
Standard No. 108 was issued under the authority of the National Traffic and Motor Vehicle Safety Act. We have interpreted that Act as prohibiting the installation on a vehicle of aftermarket equipment by a manufacturer, distributor, dealer, or motor vehicle repair business that, in the words of the statute, "render inoperative in whole or in part" any of the vehicle's required lighting equipment. We understand that Lumitron casts a light on the pavement under the vehicle. We would, of course, be concerned if the intensity of that light served to mask the intensity of such required lighting items as turn signal and stop lamps, or served to distract other drivers so that the lamps required lamps might be considered partially inoperative.
Regulation of aftermarket equipment such as Lumitron is within the jurisdiction of each State where Lumitron is sold and used, and the Commissioner in Louisiana may proceed as he deems fit. We are unable to advise you on State laws, but if you are interested in how the laws of other jurisdictions may affect Lumitron, we suggest that you write for an opinion to the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.
Sincerely,
Paul Jackson Rice Chief Counsel
ref:108 d:4/21/92