Interpretation ID: aiam2215
Commander
Engineering Section
Department of California Highway Patrol
P.O. Box 898
Sacramento
CA
95804;
Dear Mr. Heath: This is in reply to your letter of March 10, 1976, asking whethe S4.6(b) of Motor Vehicle Safety Standard No. 108 allows a flashing side marker lamp 'in any location on the side of a motor vehicle without having to comply with State law pertaining to side-mounted turn signals.'; S4.6(b) allows side marker lamps to flash for signalling purposes Since a flashing side marker lamp is in essence a side turn signal lamp, any State regulation specifically addressed to location and flash rate of side turn signals would appear to be preempted by Standard No. 108, if the side marker lamp is combined with a side turn signal lamp. If the side turn signal lamp is a separate lamp, then it would be subject to State regulation.; Your inquirer wishes to install 'a side marker lamp on each side nea the middle of the trailer to flash with the turn signal lamps.' If the lamp to be added is not the intermediate side marker lamp required by Standard No. 108 for trailers whose length is 30 feet or more, it would be governed by the California Vehicle Code and not preempted.; We intend to address the issues of side mounted turn signal lamps flashing side marker lamps, and flashing headlamps in a rulemaking proposal whose publication is imminent, and I will include your letter in the Docket as a comment to be considered.; Yours truly, Stephen P. Wood, Assistant Chief Counsel