Interpretation ID: aiam1095
Vice President of Engineering
Trailmobile
4453 34th Street
Cincinnati
OH 45209;
Dear Mr. Deller: We have received copies of your letter of March 28, 1973, to the te Regional Administrators of this agency, concerning the compliance of your vehicles with Standard No. 108. You state that law enforcement officials in certain jurisdictions are citing your semitrailers for lack of clearance lamps when, as a matter of fact, the vehicles are equipped with combination turn signal and clearance lamps located near the lower rear corners of the vehicle. You ask the Regional Administrators to advise the local authorities that this lamp configuration conforms to Standard No. 108 and 'that any conflicting state regulation is unenforceable under the provisions of Section 103(d) of the Traffic Safety Act.'; Paragraph S4.3.1.4 of Standard No. 108 states, 'Where the rea identification lamps are mounted at the extreme height of a vehicle, rear clearance lamps need not meet the requirement of Table II that they be located as close as practicable to the top of the vehicle.' Since the identification lamps depicted in your drawing are at the extreme height of the vehicle, the location you have chosen for the clearance lamps is allowed by Standard No. 108. Section 103(d) of the National Traffic and Motor Vehicle Safety Act, 15 U.S.C. 1392(d), renders void any State law with differing requirements for this equipment.; I am sending a copy of this letter to the Regional Administrators. Sincerely, Lawrence R. Schneider, Chief Counsel