Interpretation ID: 18147.ztv

Mr. Robert M. Currie
Senior Vice President
Fiber Light Solutions, LLC
1408 One Hancock Plaza
Gulfport, MS 39501-1980

Dear Mr. Currie:

This is in reply to your letter of June 1, 1998, to Taylor Vinson of this Office, seeking an opinion "regarding the legality of LIGHTRAIL," a product of your company, although you believe that "each state has the final authority of all after market products." You have enclosed an advertising flyer describing a new model of this product. As you note, we previously advised you about LIGHTRAIL on January 31, 1997, in relation to Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices and Associated Equipment, and the "make inoperative" provisions of 49 U.S.C. Sec. 30122.

The earlier version of LIGHTRAIL had three modes of operation: steady-burning yellow or red in normal operation, steady-burning red when the stop lamps are applied, and flashing yellow/red when the turn signals were operated. We advised you that we considered LIGHTRAIL to be a supplementary side marker lamp, permitted to flash with the turn signal lamps, and that "the operation of the device causes us no concern." We also advised that the color should be red for those devices mounted on the side of the box of pickup trucks, and, on trailers, "amber up to the midpoint of the trailer, and red to the rear of the midpoint."

You inform us that "as described before, LIGHTRAIL, has three modes of operation, steady-burning yellow/amber in normal operation, steady burning red when the brakes are applied, and flashing yellow/red when the turn signals are activated." The flyer states that the "running color" of the device is "yellow," and you confirmed, in a recent phone call to Taylor Vinson, that the entire rail is yellow in normal operation, changing to red when the brakes are applied. This means that you have not addressed our previous concern that a yellow rail, running the length of the bed, will conflict with the red color of the rear side marker system below it. Yellow is the color prescribed by Standard No. 108 for lamps and reflectors at the front and on the middle of vehicles. In our opinion, any lamp or reflector to the rear of the midpoint must be red.

The flyer advertises the availability of two other light systems. The system we have just discussed is called "Flasherz." The other two systems are available in "optional colors . . . to match your truck," and other rails are shown in chartreuse and violet. These two systems are "Thumperz" which "pulsate with your stereo" and "Color Cruiserz" which "glow with steady color." I would like to repeat our previous advice about after market equipment. The sole provision in Federal law that relates to "LIGHTRAIL" as an after market product is a prohibition contained in 49 U.S.C. 30122 against making safety devices and elements inoperative. Under this section, "a manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable [Federal] motor vehicle safety standard. . ." In applying this prohibition to specific products, we first determine whether the product will prevent the regulated elements of the vehicle from operating. Since "LIGHTRAIL" does not involve disconnection of lighting items, we next examine the effect of its performance on the performance of lighting equipment that Standard No. 108 requires as original equipment on motor vehicles. If the auxiliary lighting device is likely to detract from the purpose of a required lighting device, or create confusion, we regard that effect also as a "making inoperative" within the meaning of the prohibition.

For new vehicles, Standard No. 108 requires that all supplementary lamps be wired to be steady burning (S5.5.10(d)). This requirement would prohibit the "Thumperz" system as original equipment because it pulsates with the vehicle's stereo. There are sound safety reasons for not allowing this system because of the confusion and distraction that such a novel system is likely to create when viewed by other motorists. We believe that its installation in the after market by a "manufacturer, distributor, dealer, or motor vehicle repair business" would make the vehicle inoperative with Standard No. 108 within the meaning of Sec. 30122 because Thumperz is not permitted as original equipment. However, the flyer indicates that the LIGHTRAIL system may be designed for installation by the vehicle owner ("Easy to install (little or no drilling required)"). Sec. 30122 does not prohibit the vehicle owner from installing Thumperz , although, as you recognize, the individual states may regulate after market products. Although owner-installation of Thumperz is not prohibited under Federal law, we would encourage states to prohibit the installation and use of an exterior light system that pulses with the vehicle's stereo.

We are also concerned about the optional colors for both Thumperz and Color Cruiserz which, on the latter, "glow with steady color." Under Federal and local laws, red, amber, white, and blue (for emergency vehicles) are the colors specified for motor vehicle lighting equipment. Although Standard No. 108 does not specifically prohibit the use of other colors for supplementary lighting equipment, the availability of non-standard colors for auxiliary equipment adds an element of distraction affecting other motorists. Distraction may turn to confusion when the stop lamps or turn signal lamps operate in the same visual environment as a steady-burning rail lamp in a color other than red. Our remarks in the paragraph above about Sec. 30122 apply to this situation as well, i.e., the installation by a manufacturer, dealer, distributor, or repair business would make the vehicle inoperative with Standard No. 108, and we would encourage states to prohibit the installation and use of a steady-burning exterior light system in colors other than red or amber.

If you have any questions, you may refer them to Taylor Vinson (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:108
d.8/24/98