Interpretation ID: aiam4270
McNamara Pontiac Inc.
P. O. Box 3269
Orlando
FL 32802;
This is in reply to your letter of September 29, 1986, to Mr. Vinson o this Office asking for an interpretation of Motor Vehicle Safety Standard No. 108. You have enclosed a copy of a flyer for 'Ad-A-Lens,' the device appears to be an overlay with a dealer's name, intended to be placed over the lens of the center highmounted stop lamp. You have told us that 'the company selling this product says there is no problem legally or safety-wise....' You have also furnished us with a portion of a preamble to the standard discussing the visibility requirements for the lamp in which the statement is made that beyond the specified test points 'no requirements are established other than that the signal be 'visible,' which means any portion of the signal, without regard to lens area or candela.'; Standard No. 108 does not prohibit adding an overlay to the cente highmounted stop lamp that contains a dealer's name. However, the addition of the overlay must not create a noncompliance with Standard No. 108, in violation of the National Traffic and Motor Vehicle Safety Act.; Paragraph S4.1.141(a) requires each center highmounted stop lamp t have an effective projected luminous area not less than 4 1/2 square inches. Application of dealer identification to an original equipment lamp not designed for the overlay could well reduce the luminous area below the minimum required by the standard. Further, there is the possibility that the overlay could affect photometric compliance as well. The lamp must meet the photometric requirements at the 13 test points specified in Standard No. 108 up to the maximum specified 10 degrees right and left. Beyond 10 degrees, up to 45 degrees right and left, the overlay must not obscure the signal so that no portion of it is visible.; Should the overlay create a noncompliance with Standard No. 108, an person offering for sale or selling a vehicle with it would be in violation of the National Traffic and Motor Vehicle Safety Act, as would any dealer adding an overlay to the lamp of a vehicle after it is sold. The Act provides that a penalty of up to $1000 per violation may be imposed, up to a maximum of $800,000 for any related series of violations. You should also seek the advice of State motor vehicle authorities on this matter.; We are providing a copy of this interpretation to Ad-A-Lens, an appreciate your bringing this matter to our attention.; Sincerely, Erika Z. Jones, Chief Counsel