Interpretation ID: aiam3552
12071 Lewis Road
Clio
MI 48420;
Dear Mr. Robertson: This is in reply to your letter of March 4, 1982, to the Administrato asking several questions about modulating headlamps for motorcycles.; As of now, a decision is still pending on Harley-Davidson's petitio for rulemaking to allow modulating headlamps. At present, three States by statute permit use of such a device (Wisconsin, North Carolina, and California). We are unsure of the position of the remaining States though we do know that our local jurisdictions of Virginia and Maryland prohibit them. We would suggest that you contact a motorcycle trade organization such as the American Motorcyclist' Association with the thought that it may have a definitive list.; If Harley-Davidson's petition is granted, the agency would publicl propose that Standard No. 108 be amended to allow installation of a modulating headlamp. After evaluating comments from interested persons, and if it still appeared appropriate, the agency would then amend the standard. As of the effective date of the amendment, it would then be legal to equip a motorcycle with a modulating headlamp, and to use it in any State. The reason for this is that the amendment to Standard No. 108 would preempt any State regulation that differed from it.; Sincerely, Frank Berndt, Chief Counsel