Interpretation ID: aiam1180
Administrator
Oregon Traffic Safety Commission
Room 313
Highway Building
Salem
OR 97310;
Dear Mr. Bellamy: Thank you for the copy of Oregon House Bill 2721 that you enclosed i your letter of June 25, 1973. We have reviewed it carefully, and have concluded that virtually all of Section 2 is preempted by 15 U.S.C. 1392(d) (copy enclosed).; As you may know, this section of the National Traffic and Motor Vehicl Safety Act prohibits a State from having a safety standard applicable to the same aspect of performance as a Federal safety standard unless it is identical to the Federal standard. In this instance, the relevant Federal standard is 49 CFR S571.108 Standard No. 108, *Lamps*, *reflective devices*, *and associated equipment*.; Section 2 of HB 2721 requires motor vehicles manufactured after Octobe 1, 1975, to be equipped with a green-yellow-red rear mounted lighting system. The NHTSA considers Standard No. 108 to include within its scope all lighting equipment required to be used on the rear of motor vehicles to which it applies. Any State requirements that have the effect of regulating such equipment must therefore be identical to the relevant provision of Standard No. 108. Section 2 of HB 2721 is not identical to the Federal standard relating to that aspect of performance, and must therefore be considered as invalidated as that category of vehicle is expressly excluded from Standard No. 108. Portions of Section 3 (ORS 483.412(3) (a) and (b)) are invalidated for the same reason. The remainder of Section 3 and Section 4 does not conflict with the relevant provisions of Standard No. 108.; The guiding principle that we have applied to this situation is tha the State requirements that regulate the design of motor vehicles must be identical to the Federal standards. It was clearly the intent of Congress to provide for uniformity of regulation of the manufacturer in areas where the Federal agency has acted, and they did so by the identity requirements of section 1392(d).; Sincerely, James E. Wilson, Associate Administrator, Traffic Safet Programs;