Interpretation ID: 7245
Chairman & CEO
S&W Plastics, Inc.
10206 Crosstown Circle
Eden Prairie, MN 55344
Dear Mr. Thiss:
This responds to your letter of April 23, 1992, requesting a re-interpretation of the National Traffic and Motor Vehicle Safety Act as it applies to your after market product, "High Light." This request is occasioned by the modifications you have made pursuant to my letter of January 23, 1992, to Terry Semprini, and after a meeting with NHTSA personnel on April 16.
Initially, we advised that it appeared that "High Light" had the potential to render inoperative the required lighting equipment on a trailer by impairing its effectiveness. There were three reasons for this advisory. First, the placement of "High Light" to the left of the vertical centerline did not fulfill basic locational requirements of Standard No. 108 applicable to required equipment on new motor vehicles that lamps be located one on each side of the vertical centerline and as far apart as practicable, and thus "High Light's" signals could be perceived as conflicting or unclear when viewed simultaneously with the original equipment lamps. Second, the hazard warning portion of "High Light" operated through the stop lamp portion of the device rather than through the turn signal system, which meant an observer could be faced with the necessity of interpreting the meaning of simultaneously flashing red and amber lamps on the rear of a trailer, as well as the meaning of the original stop lamps should the brakes also be applied. Finally, the stop lamp portion of the device comprised a combination of a "V" and an inverted "V", a lighting array unlike any currently in use, which could create a momentary delay by a following driver in taking appropriate action.
To address these concerns, you have modified "High Light" to eliminate the hazard warning portion, and have changed the stop lamp so that it now appears as horizontal lights across the center of the device. While it is not possible to change the intended location of "High Light" due to the configuration of trailer doors, you believe that its placement in the direct line of vision of a following driver adds to its visibility.
Although you have not fully described the revised configuration of "High Light", we believe that it can now be described as follows. It is a diamond-shape lamp, the left side of which consists of four amber lamps which form a left turn signal, and the right side of which consists of four amber lamps which form a right turn signal. In addition, two red lamps in the center form a stop signal. We understand that the amber lamps flash when they are in use, and that the red lamps are steady burning. In this configuration, it would appear that the lamps can serve as auxiliary turn signal and stop lamps without impairing the effectiveness of the lighting equipment that Standard No. 108 requires on the rear of trailers. Assuming that our understanding is correct, "High Light" would not appear to render inoperative, either in whole or in part, lighting equipment installed in accordance with Standard No. 108.
Sincerely,
Paul Jackson Rice Chief Counsel
ref:l08 d:5/27/92