Interpretation ID: 1985-01.7

TYPE: INTERPRETATION-NHTSA

DATE: 01/04/85

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Dennis Moore -- Sierra Product, Inc

TITLE: FMVSS INTERPRETATION

TEXT: Mr. Dennis Moore Sierra Product, Inc. 1113 Greenville Road Livermore, CA 94550

This is in reply to your letter of November 26, 1984, asking whether it is permissible under Motor Vehicle Safety Standard No. 108 to combine a turn signal lamp with a center high mounted stop lamp that is intended for the aftermarket as a retrofit.

As you have noted, the recent amendments to Standard No. 108 cover the center high mounted stop lamp only as an item of original equipment and do not purport to regulate the item as an aftermarket device. This means that the prohibition of paragraph S4.1.1 against combining the center high mounted stop lamp with any other lamp does not apply. The legality of such a combination, indeed, the legality of the auxiliary stop lamp itself, is determinable under the laws of any State in which a vehicle so equipped is registered and/or operated.

The sole federal restriction on use of aftermarket devices does not appear in Standard No. 108, but in the National Traffic and Motor Vehicle Safety Act. Section 108 (a)(2)(A) in essence forbids a manufacturer, distributor, dealer, or motor vehicle repair business from rendering inoperative in whole or in part lighting equipment installed in accordance with Standard No. 108. The combination turn signal/center high mounted lamp would not appear to have this effect.

I hope that this is responsive to your request.

Sincerely,

Frank Berndt Chief Counsel

SIERRA PRODUCTS inc.

In reference to selling a High Center Mount Brake Light Retro-Kit to owners of Pre 198F autos and trucks"our Company is faced with a logistics Problem that includes questions of law and the desire to put out an economical reliable product whereas millions of Americans can easily and economically retrofit their used Autos with a High Center Mount Brake Light and enjoy the safety benefits as will people buying new 1986 cars.

We feel several factors lead us to a conclusion that if a High Center Mount Brake Light were allowed to be combined with a High Turn Signal that millions more retrofits would occur because of the low retail price and greater simplicity and reliability of a typical installation

These factors are:

1. In order to avoid the Federal Requirement of S4.4.1 of Standard 108 on "Retrofit Kits" for Pre 1986 Autos in the U.S., all *"Combined Function" lighted cars must be wired in the front to the Brake Switch or use a 15 to 30 Electronic Component "Separating Circuit" to accomplish the same effect.

2. Most U.S. autos (over half of 130 million) use "combined function lights and the chance of the owners of combined function autos using a High Center Brake Light will be significantly reduced if $7 to $10 is added to the Retail Price of a Retrofit Kit which must be done presently.

3. If "combined function" light auto owners are asked to wire to the Brake Light Switch, this makes for a much more difficult installation then going just a couple of feet into the trunk area. Sales of such a Retrofit package and therefore use of High Center Mount Brake Lights will be significantly reduced.

4. For years, SAE 186 has allowed Combination of High Brake Light with a High Turn Signal and apparently has been used to some degree in the U.S. unchallenged. However, the changing of S4.4.1 now challenges the legality of SAE 186 even when applied to "add on" lighting.

5. Buyers representing auto supply distributors and mass merchandisers are very reluctant to carry different models of a High Center Mount Brake Light (one for separate function and one for combined function lights). They are apt to forget about the more expensive model which would include the electronic converter or not carry such a product at all. One universal, low priced model has a good chance of national distribution. There have been many a good product "die on the vine" in the U.S. because of lack of Distribution and this should not be one of them.

6. If a "Separating Circuit" were to be used on a large scale (as they are beginning to), they should have federal safety specifications to assure reliability to the public. Otherwise the public will be lead into a false feeling of buying something that the government has sanctioned and says helps safety only to find out they are possibly at the mercy of an "unreliable electronic black box" that breaks down because of the lack of a reliable safety specification.

Even though Federal law only requires this device in Post 1986 autos and has no law requiring retrofit lights on Pre 1986 cars, the public will indirectly hold the Federal government responsible for a failure such as this, whether they are directly responsible or not, causing hard feelings and a definite loss of credibility.

7. A High Turn Signal combined with a High Center Brake Light as permitted in SAE 186 is a desirable additional safety feature over the High Center Mount Brake Light and we feel it does not at all confuse the functions of the existing required lights (on Pre 1986 autos).

8. Even though Post 1986 autos will not have the High Center Mount Brake Light combined with any other light, we feel that our design of combining a High Center Mount Brake Light with a High Turn Signal feature must be deemed a modification that is unconsequential to Public Safety. As a matter of fact, we feel it is Consequential To Public Safety but only in a Positive way.

9. In all traffic, especially heavy traffic, it is desirable for the following traffic, both immediately behind and far behind to know when a vehicle is about to change lanes or turn off the highway. Furthermore, lanes of traffic to either side could use this information in a constructive way to avoid accidents. In essence, we subscribe to the proven fact that if a High Center Mount Brake Light is put "Where People Look" and it reduces rear end accidents by over 50%, then the other "intention light", that is the Turn Light, would have a similar savings in "lateral" accidents as they would be also "Where People Look". Even if they were not immediately construed as a Turn Signal from a far distance, it is still a signal to other vehicles that "something that could affect traffic conditions is about to happen" and is valuable information to surrounding autos.

We believe a Study in Lateral initiated accidents would show this; however, we haven't the funds or the resources for such a study.

IN CONCLUSION: We are Petitioning for a Clarification of this Point and as soon as possible as this situation may cost the American Public great sums of money unnecessarily and perhaps undermine the effectiveness of a needed product.

*"Combined Function" autos is an automobile whose Brake and Turn Light are represented by One Filament in one or more bulbs.