Interpretation ID: 1984-3.40

DATE: 11/16/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHSTA

TO: Mr. Noel M. Torres

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Noel M. Torres 2521-C3 W. Sunflower Santa Ana, California 92704

Dear Mr. Torres:

This is in response to your letter of September 25, 1984 asking questions about the relationship of your "Panic-Stop Detection Brake-Lite System" Federal Motor Vehicle Safety Standard No. 108.

The photographs you enclosed show a segmented lamp mounted on the centerline of a passenger car directly below the rear window. Another picture shows the lamp installed on the rear of a motorcycle above the license plate. These pictures contain the notation "The harder you brake the faster the lite sweeping motion." Your questions are:

"(1) If I install this as a retrofit on a 1986 car which will have a third brake lite, will it qualify legally as a tail/stop lite if it meets the photometric requirements of SAE-J186A and FMVSS 108?"

Section 108(a)(2) ((A) of the National Traffic and Motor Vehicle Safety Act forbids manufacturers, dealers, distributors, and motor vehicle repair businesses from rendering inoperative, in whole or in part, any device, or element of design installed in accordance with a Federal motor vehicle safety standard. This would appear to preclude removal of the mandated center high-mounted stop lamp on cars manufactured on or after September 1, 1985, and replacement of it with your lamp.

"(2) Is it legally all right to use it now on cars and motorcycles?"

Standard No. 108 was recently amended to permit manufacturers to install the center high-mounted lamp on passenger cars manufactured on or after August 1, 1984, and General Motors is already equipping some of its 1985 models with it. Thus, a center high-mounted stoplamp already installed on a passenger car in accordance with Standard No. 108 would be subject to the prohibition in Section 108(a) (2) (A) discussed above.

As for other passenger cars, we assume that you wish to make your lamp available as an aftermarket device. In this circumstance, where it is installed on a vehicle in use, its permissibility is to be determined under local law; Federal law does not apply.

Finally, as to motorcycles, your photograph, by depicting your lamp mounted above the license plate, indicates that it substitutes for the original equipment stop/taillamp. Inasmuch as the stop/taillamp was installed in accordance with Standard No. 108, the prohibitions of Section 108(a)(2)(A) apply to it as well.

We are returning your tape to you and appreciate your interest in safety.

Sincerely,

Frank Berndt Chief Counsel Enclosure

2521-C3 W. Sunflower Santa Ana, Ca 92704 September 25, 1984

Madam Diane K. Steed NATIONAL HIGHWAY TRAFFIC SAFETY ADMIN. 400 7th Street S.W. Washington D.C. 20590

Dear Madam Steed:

I hope you don't mind my taking the liberty of sending you this letter together with a 10-minute videotape of a brake-lite system for cars and motorcycles which I thought you might want to review and evaluate, if you have the time.

I have been thinking for a while now that it is amazing in this day and age of space shuttles, maze of freeways and fast driving, our cars are still equipped with the most out-dated brake-lite system that have been in use for hundreds of years, and when driving on the road, there's no way of telling if a car braking in front of you is trying to make a panic stop.

An idea came to mind which I developed. I call it "PANIC-STOP DETECTION BRAKE-LITE SYSTEM", applicable for cars and motorcycles. I honestly believe it is a very effective system that would reduce more than 90% of rear-end collisions. You'll see what I mean when you view the videotape enclosed.

I would appreciate it if you could clarify two things for me: 1) If I install this as a retrofit on a 1986 car which will have a third brake lite, will it qualify legally as a tail/stop lite if it meets the photometric requirements of SAE-J186A and FMVSS 108? 2) Is it legally alright to use it now on cars and motorcycles?

Thank you so much for your kind consideration and I hope to hear from you.

Yours truly,

Noel M. Torres

P.S. If you think you might want to see the prototype samples, I'll be more than happy to ship them to you.

Encls./ 3-photos, 1-videotape