Interpretation ID: aiam2410
Commander
Engineering Section
Department of California Highway Patrol
P. O. Box 898
Sacramento
CA
95804;
Dear Mr. Heath: This is a reply to your letter of September 16, 1976, referencing a opinion letter to you dated October 21, 1969, and asking whether it conflicts with an opinion letter to Ford Motor Company dated 'December 5, 1975'. (The true date of the letter is July 7, 1975, we do not know why your copy is dated otherwise).; The 1969 letter informed you that 'if one compartment or lamp [in multicompartment lamp] meets the photometric requirements [of Standard No. 108] the additional compartments or lamps are considered as additional lamps and are, therefore not regulated by . . . Standard No. 108 except by S3.1.2.'. The letter also stated that 'lamps on a vehicle and not required by this standard are generally subject to regulation by the States.' Our 1975 letter to Ford, on the other hand advised the company in effect that the performance of the entire multicompartment assembly was covered by Standard No. 108, and that section 25950(b), of the California Vehicle Code was preempted by it. You have asked whether our letter to Ford conflicts with our earlier letter to you.; There is no present conflict. In an amendment to Standard No. 10 effective January 1, 1973, (copy enclosed) the agency adopted paragraph S4.1.1.12 and figure 1 which established minimum photometric requirements that must be met by multicompartment tail, stop, and turn signal lamps. The act of establishing requirements for the additional compartments in a multicompartment lamp thus voided the 1969 letter to you and the interpretation to Ford is the correct one.; The Monarch taillamp, therefore, must meet the requirements of Table of standard No. 108 and is not a lamp that is 'in addition to the minimum required number' as that term is used in California Vehicle Code section 25950(b), which appears to have been amended in an effort to include it.; We appreciate your suggestion on an amendment to Standard No. 108 o lens color.; Sincerely,Frank A. Berndt, Acting Chief Counsel