Interpretation ID: aiam0701
Esq.
Messrs
(sic) Nickell
Quinn & Mah
2131 Seattle First National Bank Building
1001 Fourth Avenue
Seattle
WA 98154;
Dear Mr. Quinn: This is in reply to your letter of May 5 on behalf of your client Le Ross. Mr. Ross has developed a motor vehicle deceleration warning system that, as described by you, activates two amber lights on the rear of a vehicle. Your letter indicate that these lamps would be incorporated into a vehicle back-up lamp system and that Mr. Ross envisions his system as an aftermarket accessory item rather than as new vehicle original equipment. You state your understanding that Motor Vehicle Safety Standard No. 108 would not preclude marketing the system as an aftermarket accessory, and that back-up lamps are required to be white in color. You ask our advice whether Standard No. 108 prohibits amber lamps in the back-up lighting system and, if so, whether a proposal for amendment of the Standard to allow the system would be feasible.; Standard No. 108 would in certain instances preclude the aftermarke sale of an amber deceleration warning system incorporated into a back-up lamp system. Standard No. 108 as of January 1, 1972, does cover certain aftermarket equipment items, and in some instances would preclude the sale of a back-up light system with amber lamps. Lighting equipment manufactured on or after that date as replacement for similar equipment on vehicles manufactured on or after January 1, 1972, must meet Standard No. 108 which, as you have noted, requires that the color of the back-up lamps be white. Federal law would not preclude sale of this system for use on motor vehicles manufactured before January 1, 1972, or purchase of an amber system by the owner of a vehicle manufactured after that date if he wished to change over from a white to amber system. As a practical matter, however, I believe That(sic) virtually every State has a requirement that back-up lamps be white, and that a back-up light with amber bulbs or lenses would be forbidden. Standard No. 108 would not preclude sale of the Ross System as a separate lighting device. I do not know what position the States would take on such a matter.; Our research contracts on deceleration warning system indicate tha further development and testing under field conditions is necessary before specific proposals can be made by NHTSA. Therefore, I do not think action on a proposal by Mr. Ross would be feasible at this time, though we would welcome his comments to our Docket 69-19 as a comment to be considered in future rulemaking on this subject.; Yours truly, Richard B. Dyson, Assistant Chief Counsel