Interpretation ID: aiam4412
R & R Lighting
Inc.
Route 1
Box 190
Gadsden
AL 35901;
Dear Mr. Cox: This is in reply to your letter of July 8, 1987, with respect t whether a lighting product you intend to market is 'in violation of any federal regulation when mounted on a motor vehicle.'; You describe your product as a 'lighted decal' which can be mounted i the rear window of any car or pick-up truck, and the photographs you enclosed show it mounted in the center of the rear window of a pre-1980 model Seville.; The decal will be wired into the brake system and when activated by th brake 'only the letters in the decal will be lighted.' You state further that although the letters will appear red to an observer 'this product is not designed nor will it be marketed as a brake light or a tail light.'; In our opinion, your product may or may not be in violation of Federa requirements depending upon the following uses. The product does not appear to be intended as a substitute for the center highmounted stop lamp that has been standard equipment on passenger cars manufactured on or after September 1, 1985. Indeed, it could not be so used unless it met all requirements for such a lamp. The principal requirements are that such lamps have a minimum of 4 1/2 square inches of illuminated lens area, that it meet specified photometrics at 13 test points, and that it produce a signal visible from 45 degrees from the right to the left and from five degrees up to five degrees down. If your device does not meet these requirements, removal of the lamp and replacement with your device would violate a prohibition of the National Traffic and Motor Vehicle Safety Act against rendering inoperative equipment installed in accordance with a Federal motor vehicle safety standard, in this case Safety Standard No. 108, *Lamps, Reflective Devices, and Associated Equipment*. However, a dealer could install it on a new pick-up truck, or to one side of the center lamp in a new passenger car before their initial sale, provided the device did not impair the effectiveness of the rear lighting equipment required by Standard No. 108, and the device could be installed on some vehicles in use (cars built before September 1, 1987, and any pick-up) provided that it did not render inoperative in whole or in part other required rear lighting equipment.; By this we mean that the device appears allowable for these vehicle under Federal law provided that wiring it into the brake system does not reduce the stop lamp output or otherwise affect the operation or the effectiveness of the stop lamp system.; You should also ensure that your product is acceptable under State an local laws as well. Because there are no Federal requirements for your product, each State may regulate it as it deems proper.; I am enclosing the samples that you enclosed, and hope that we hav answered your questions.; Sincerely, Erika Z. Jones, Chief Counsel