Interpretation ID: nht89-1.2

TYPE: INTERPRETATION-NHTSA

DATE: 01/12/89

FROM: SAMSON HELFGOTT -- HELFGOTT AND KARAS

TO: ERICA K. JONES -- CHIEF COUNSEL NATIONAL HIGHWAY TRAFFIC SAFETY ADMIN. U.S. DEPARTMENT OF TRANSPORTATION

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 03/30/89 FROM ERICA Z. JONES TO SAMSON HELFGOTT, REDBOOK A33(4), STANDARD 108, VSA SECTION 108(A) 2(A); REPORT DATED 06/01/87 FROM NATIONAL PUBLIC SERVICES RESEARCH INSTITUTE, AN EVALUATION OF THE EFFECT OF A REAR WARNI NG LIGHT ON THE FOLLOWING DISTANCE AND/OR BRAKING RESPONSE TIME (BRT) OF VEHICLES BEHIND; AFFIDAVIT UNDER RULE 132, DATED 09/09/88, BY MERRILL J. ALLEN, IN SUPPORT OF PATENT REAPPLICATION OF AUTOMOTIVE WARNING AND BRAKE LIGHT ARRANGEMENT; BIOGRAPHICAL IN FORMATION OF MERRILL J. ALLEN, DATED 09/09/88 EST; SAFETY RECOMMENDATIONS H-85-30 ISSUED 11/05/85 BY NATIONAL TRANSPORTATION SAFETY BOARD

TEXT: Dear Ms. Jones:

My client, Harold A. Caine, and the Safety Autodrivers Foundation for Education (S.A.F.E.) of Freeport, New York, have come up with a proposal for an amber (SAE approved) lamp that would be placed adjacent to the center high mounted brake lamp of a ve hicle. The amber lamp would have its own independent wiring and separate compartment so as not to interfere in any way with the operation of the center brake lamp. The amber lamp would be illuminated upon ignition and remain on until such time as the b rake lamp is illuminated so that the two lamps would be mutally exclusive and the following driver would be presented with either an amber or a red lamp, but not both together.

Accordingly, there would be no confusion between these lamps. We believe that there would be no impairment of the center brake lamp and that the amber lamp would not render the center brake lamp inoperative in any way, since it would operate independ ently thereof. We also do not believe that there would be any impairment from any other existing lamps.

We would appreciate knowing whether such amber lamp would be acceptable both for original equipment as well as for the after-market sales, under terms of Standard #108.

In a test conducted by Dr. A. James McKnight of the National Public Services Research Institute (Attachment A), he has found that with the presence of such amber lamp,

the improvement in breaking response time was between 0.2 sec. and 0.3 sec.

We believe that this improvement may occur for a number of reasons. Firstly, the presence of the amber lamp adjacent to this center brake lamp and preferable directly below the center brake lamp, focuses the attention of the rear driver to the center of the leading vehicle so that when the brake lamp turns on, it saves some time from the rear driver having to first focus his attention onto that center point at the back of the leading vehicle. Secondly, the illumination of an amber lamp psychologica lly gives a "warning" effect to the trailing driver so that he is already in a state of awareness and readiness when the brake will be applied and the red lamp is turned on. Thirdly, the lamp provides the effect of a rear running light as is supported b y the recommendations of the National Transportation Safety Board (Attachment B).

One feature of the amber light system is to include the use of a photo-electric cell that would control the brightness and prevent glare, based on existing ambient lighting conditions. The brightness would be within the minimum and maximum range of S tandard #108. The areas of red and amber illumination will also comply with the Standard #108 requirements.

It has additionally been found that the amber color is better perceived than either the green or the red color and, especially at greater distances, the amber lamp will be more easily visible. In addition, the amber lamp illumination will not be subj ect to chromeostereopsis errors in distance judgment by any part of the driving population, whereas green or red could be subject to a significant error in judgment of its distance.

In support of these explanations, I am also enclosing an affidavit from Dr. Merrill J. Allen, Professor of Optometry at Indiana University, together with some biographical information about him (Attachment C). This affidavit was originally submitted in the United States Patent and Trademark Office as part of the prosecution of a patent application to Mr. Caine. The application has been allowed and is shortly expected to issue.

We would appreciate receiving your response on this matter. Should you have any questions, please feel free to call me.

Sincerely yours,

ENCLOSURE