Interpretation ID: aiam4646
Esq. Senior Attorney North American Van Lines Law Department P.O. Box 988 Fort Wayne
IN 46801-0988;
Dear Mr. Coz: This is in reply to your letter of April 28, l989, wit respect to the legality under Standard No. 108 of supplemental lighting devices that North American Van Lines has installed on some of its trailers. To assist us in answering your question, you have enclosed a photograph of a trailer retrofitted with the supplemental devices, and a videocassette. However, the 'Final Specs' sheets referenced in your letter were not enclosed. The lamps in question are stop lamps/turn signal lamps which are mounted above the maximum mounting heights specified in Standard No. 108. You believe that this is permissible because they are supplemental to the original equipment stop and turn signal lamps which are mounted within the limits specified in the standard. However, the Department of California Highway Patrol has informed you that this agency does not differentiate between original and supplemental equipment, and requires that both original and supplemental lighting equipment must conform to the mounting requirements. We are not aware of the basis of the California opinion. The only requirement of Standard No. 108 for supplemental lighting equipment on vehicles prior to their first purchase for purposes other than resale is the restraint of paragraph S5.l.3 that they not impair the effectiveness of the lighting equipment required by the standard. Retrofit by North American Van Lines itself of its own vehicles after the first purchase for purposes other than resale is permissible under Federal law. However, if the retrofit were performed by a manufacturer, dealer, distributor, or motor vehicle repair business, the operation would be subject to the restraint of Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (l5 U.S.C. 1397(a)(2)(A)) that it not render inoperative, in whole or in part, lighting equipment installed in accordance with Standard No. 108. Subject to these constraints, a mounting height that exceeds the maximum specified by Standard No. 108 is permissible for supplemental lighting equipment. We interpret 'partially inoperative' as also meaning 'partially ineffective'. The location of your lamps as shown in the photograph you enclosed does not appear to 'render inoperative' any other lighting device or affect its effectiveness. We note that the retrofitted trailer in the videocassette does not appear to be equipped with the identification lamps required by Standard No. 108. Further, unless the clearance lamps are combined with the supplemental stop/turn signals in both the videocassette and the photograph you enclosed, they too appear to be missing. If the clearance lamps are combined with the supplementary lamps, care should be taken that the supplementary lamps do not 'render inoperative' the clearance lamps. Although, as noted above, the Act permits an owner to modify his vehicle in a nonconforming manner, the operation of your interstate highway trailer is subject to the regulations of the Bureau of Motor Carrier Safety, Federal Highway Administration, which require that identification and clearance lamps be provided for these trailers. We are returning your videocassette. Sincerely, Stephen P. Wood Acting Chief Counsel Enclosure;