Interpretation ID: aiam3513
Esq.
Rogers Ferraro & Cody
P.C.
P.O. Box 158
Pomona
NY 10970;
Dear Mr. Cody: This is in reply to your letter of December 2, 1981, to Dr. Robert L Henderson of this agency asking for an opinion regarding the legality of a warning system devised by your client, David Stepkin.; Mr. Stepkin's system 'flashes the rear brake lights continuously whe either brake is applied on a motorcycle.' With respect to Federal regulation of motorcycle lighting systems, I refer you to 49 CFR 571.108, Motor Vehicle Safety Standard No. 108, *Lamps, Reflective Devices and Associated Equipment*, a copy of which is enclosed. Paragraph S4.6(b) in essence requires that brake lamps (or stop lamps as we call them) be steady burning. This requirement would appear to preclude use of your system.; In addition, the substitution of a flashing signal for the steady on to which the public is accustomed might create confusion, thereby impairing the effectiveness of the stop lamp. You will note that paragraph S4.1.3 prohibits the installation of motor vehicle equipment that impairs effectiveness of required lighting equipment.; Sincerely, Frank Berndt, Chief Counsel