Interpretation ID: lawrence.2.ztv

Mr. Lon Lawrence
3305 Boyd Drive
Carlsbad, NM 88220

Dear Mr. Lawrence:

This is in reply to your recent fax to Richard Van Iderstine of this agency asking that we intervene on your behalf with the Attorney General of New Mexico so that she may inform "all New Mexico Law enforcement agencies that modulating headlamps [on motorcycles] are legal."

You reported that the New Mexico Motorcycle Riders Organization (NMMRO) has expressed an intent to draft a letter to the state Attorney General for an interpretation but that NMMRO had not yet done so. In the meantime, on July 24, 2003, the New Mexico State Police sent you a letter (which you also faxed to us) stating that it finds "no current legal foundation for your assertion that Federal Statues [sic] preclude local entities from citing you for the use of modulating headlamps," but then advises that the commander of the Roswell District has been instructed "to have his officers refrain from citing for the use of modulating headlamps."

We are not familiar with the laws of New Mexico. We know, however, that some States have objected to modulating motorcycle headlamps because, in their opinion, such headlamps "flash," in contravention of State laws that allow flashing lamps to be used only on emergency vehicles. I am enclosing copies of several of our most recent interpretations on State laws and modulating motorcycle headlamps: letters to Frank A. Schaub (March 24, 2003), relating to Connecticut law, to Michael L. Wagner (June 20, 2000), relating to Indiana law, and to Henry S. Winokur (January 21, 1999), relating to Maryland law. They may prove helpful to you and others in your contacts with the motor vehicle authorities of your State.

If you have any questions, you may call Eric Stas of this Office at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosures
ref:108
d.9/9/03