Interpretation ID: aiam4073
P.E.
President
Pawl Inventioneering Corporation
P.O. Box 5425
West Bloomfield
MI 48033;
Dear Mr. Pawl: This is in response to your letter of November 29, 1985, to the forme Chief Counsel of this agency, Jeffrey R. Miller, asking for an interpretation of Motor Vehicle Safety Standard No. 108.; Your letter is vague as to the precise function of your 'safet related' lighting device, and whether you wish to offer it as original equipment or equipment intended for installation after the sale of a vehicle to its first purchaser for purposes other than resale. If the latter, then its legality is determinable solely under the laws of each State in which it will be used.; If you intend it as original equipment, on a vehicle at the time of it initial sale, then its legality would be determinable under Standard No. 108. As a general rule, section S4.1.3 prohibits the installation of any device that would impair the effectiveness of lighting equipment required by the standard. You have informed us that your device, which consists of 'amber LED's' in the 'rear package tray,' is inoperative during application of the service brakes, thus, it does not appear that it would impair the effectiveness of the center high-mounted stop lamp.; You have also stated that it is located 'in relative proximity' to th center stop lamp but is not combined with it, and you have asked if this meets the intent of S4.4.1 regarding equipment combinations. This section forbids the combination of the center stop lamp with any other lamp or reflective device. Since your device is physically separate from the center lamp, S4.4.1 would not appear to prohibit your device.; You have also stated that when viewed from the rear, 'the pattern o illuminated LED's may change, possibly giving the illusion of flashing,' and you ask for a definition of 'flashing' as described in section S4.6(c). This section has been renumbered S4.5.11, and subsection (c) permits an exception to the general rule that lamps in use must be steady-burning, permitting headlamps and side marker lamps to 'flash' for signalling purposes. The definition of flash is that contained in S3, a cycle of activation and deactivation by automatic means, and this definition does not specify frequency or other characteristics. To us, the important question is whether your device complies with section S4.5.11(e) which requires all lamps (other than those specifically excepted) to be steady-burning in use. A lamp that changes patterns may not flash, but it cannot be viewed as steady-burning either.; Finally, you state that 'section S4.3 states that no function othe than red reflex reflectors shall be combined with CHMSL or rear turn signal lamps' and ask whether amber or any other color 'may be used in proximity' since it is not used in combination. We believe you must be referring to section S4.4.1 which states that 'no clearance lamp may be combined optically with any taillamp or identification lamp, and no high-mounted stop lamp shall be combined with any other lamp or reflective device.' As we do not know the intended functions of your LED device, I can offer only general comments. Although red is the required color for all rear lighting devices except backup and license plate lamps, amber is permitted as an optional color for rear turn signals, furthermore, amber is generally accepted as indicating the need for caution. Thus, amber is not a lens color whose presence on rear lighting devices would *per se* impair effectiveness. The use of other colors for lighting devices on the rear of vehicles could lead to confusion, and be viewed as impairing the effectiveness of required lighting equipment.; Sincerely, Erika Z. Jones, Chief Counsel