Interpretation ID: 86-1.33

TYPE: INTERPRETATION-NHTSA

DATE: 02/12/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Ray August -- Auto Trends

TEXT:

Mr. Ray August Auto Trends 9818 Grinnell Avenue Detroit, Michigan 48213

This is in reply to your letter of December 12, 1985, to Mr. Vinson of this office asking "what is the law pertaining to the new brake light at or by the rear window of the vehicle, and what effect, if any, would it have on After Market trunk racks."

Federal Motor Vehicle Safety Standard No. 108 requires each passenger car manufactured on or after September 1, 1985, to be equipped with a supplementary stop lamp mounted on the centerline of the vehicle not lower than three inches below the rear window (six inches if it is a convertible). The standard specifies that the lamp shall have a signal visible to the rear through a horizontal angle from 45 degrees to the left to 45 degrees to the right of the longitudinal centerline of the vehicle, and that it shall meet minimum candela values at certain specified test points. Under Federal law, the lamp must meet these requirements at the time the new car is sold. Thus, if the vehicle manufacturer or new car dealer equips a passenger car with a trunk rack, care must be taken to insure that the requirements are still met (obviously this depends both upon the location of the lamp and the configuration of the rack). If the rack prohibits the lamp from meeting its photometric output at any test point, the standard does allow a supplementary center-mounted stop lamp to be added, provided that it complies with all requirements of the standard.

After the sale of the vehicle, the owner may modify his car without reference to Federal law but a dealer, distributor, or motor vehicle repair business cannot make modifications that "render inoperative in whole or in part" any equipment relating to a Federal motor vehicle safety standard. We would view dealer installation of a trunk rack on a used car with an original equipment center stop lamp as subject to this prohibition if the rack affects compliance with photometric and visibility requirements.

The question is frequently asked us whether a deck-mounted rack loaded with luggage would cause a violation. The answer is no: compliance is determined without the load in place, even if the lamp would be blocked when the rack is in use.

I hope that this answers your questions.

Sincerely,

Erika Z. Jones

Chief Counsel

Dec. 12, 1985

Taylor Vinson Legal Consul NHTSA Room 5219 U.S. Dept. of Transportation 400 7th St. S.W. Washington, D.C. 20590

Subject: New Brake Light - Rear Window

Dear Mr. Vinson:

In my discussion with Mr. Kagy of the U.S. Dept. of Transportation, he recommended I write to you for a legal opinion in this matter.

Auto Trends is a manufacturer of luggage racks, both roof racks and trunk racks. What is the law pertaining to the new brake light at or by the rear window of the vehicle, and what effect, if any, would it have on After Market trunk racks?

Thank you for your assistance in this matter.

Sincerely yours,

Ray August, Plant Manager RA:ks cc:ra