Interpretation ID: aiam4303
Istituto Elettrotecnico Nazionale
Galileo Ferraris
Strada delle Cacce
91
10135 Torino Italy;
Dear Prof. Soardo: This is in reply to your letter of January 16, 1987, to the agency wit reference to the 'homologation in the U.S.A. of a headlamp - optically combined - capable of performing the function of auxiliary driving lamp or as an alternative to the function of the front fog lamp.' You have told us that the device is intended principally for the aftermarket and will use a two- filament H4 bulb, the main filament providing the 'driving beam,' and the secondary filament performing 'the 'fog' function.' When it is mounted on the vehicle it will 'meet the specific aiming requirements contained in the relevant SAE standard, for both light beams.'; As you may know, there are two types of laws in the United States tha pertain to motor vehicle lighting equipment, the laws of the United States government ('Federal' law), and those of the 50 individual States ('Local' law). One of these laws is Federal Motor Vehicle Safety Standard No. 108 *Lamps, Reflective Devices, and Associated Equipment.* Standard No. 108 specifies requirements for original equipment, and, as a general rule, only aftermarket equipment that is intended to replace original equipment. There are no original equipment requirements in Standard No. 108 for a combination driving-fog lamp such as you discuss, and hence there are no Federal aftermarket requirements for it either. Provided that this lamp does not impair the effectiveness of required front lamps, Standard No. 108 allows a vehicle manufacturer to install the driving-fog lamp as original equipment. Because Standard No. 108 does not allow use of the H4 bulb in headlamps for four-wheeled vehicles, it could not serve as a headlamp. There are no Federal restrictions preventing the sale of this device in the aftermarket as a supplementary lamp.; However, the lamp would be subject to local law, and some of the State may require approval of it before it is offered for sale. The approval of one State does not signify approval by another, so there would not be 'homologation' permitting sale in all States based upon approval by only one State. Even if a Local law does not require approval of a driving-fog lamp, it may forbid its use. We are unable to advise you on Local laws but you may wish to write the American Association of Motor Vehicle Administrator for an opinion. The address of this organization is 1201 Connecticut Avenue, N.W., Washington, D.C. 20036.; Sincerely, Erika Z. Jones, Chief Counsel