Interpretation ID: 21268.ztv

Mr. Lou McKenna
Emergency Vehicle Alarm
2800 N. Hamline Avenue, #130
Roseville, MN 55113

Dear Mr. McKenna:

We are replying to your letter of February 20, 2000, with a copy to Sante Esposito, as you requested. You have written us for an interpretation as to whether the proposed placement of your Emergency Vehicle Alarm (EVA) is acceptable under relevant Federal laws and regulations, as your long-range goal is "to have the EVA installed as an original equipment manufacturer device on all passenger vehicles."

The EVA has three principal features, two in the interior of a vehicle and one on the exterior. Inside the vehicle, a flashing red display of the words "Emergency Vehicle" on the instrument panel is triggered by a signal from an emergency vehicle. At the same time, "an animated siren also sounds inside the car." On the exterior, a "flashing white light" indicates to the driver of an emergency vehicle that the warning has been received. This lamp is located "to the left of the Center Highmounted Stop Lamp (CHMSL)" as viewed from the rear, "equidistant from the CHMSL and the "window corner and equal in height to the CHMSL."

None of the laws and regulations that we administer preclude a flashing red message on the instrument panel or an audible siren in or on a motor vehicle. This means that the legality of such devices must be determined under state and local laws. We are not conversant with these laws.

However, the "flashing white light" is subject to our laws and regulations. Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices and Associated Equipment (49 CFR 571.108), requires all lamps installed on "passenger vehicles" to be steady-burning in use, except for turn signals, hazard warning signals, and headlamps and side marker lamps flashed for signaling purposes. See S5.5.10. This requirement would preclude the use of the flashing-light feature of the EVA system either as original or optional equipment. We are also of the opinion that this feature could not realistically be offered as aftermarket equipment either. Under 49 U.S.C. 30122, a "manufacturer, distributor, dealer, or motor vehicle repair business" may not "make inoperative" any element or device installed in accordance with a Federal motor vehicle safety standard. Because the installation of the flashing white light would result in a noncompliance with Standard No. 108, we would consider that action to be a "making inoperative" within the meaning of that phrase, and a violation of Section 30122 if performed by one of the four persons named in the prohibition. The system appears too complex for installation by a person other than a manufacturer, distributor, dealer, or motor vehicle repair business (e.g., the vehicle owner).

Were the EVA reconfigured so that the white light is steady burning, the question would then arise whether it is acceptable under S5.1.3 of Standard No. 108 as optional new vehicle equipment. The test of permissibility under S5.1.3 is whether a lamp not required by Standard No. 108 impairs the effectiveness of equipment required by Standard No. 108. We believe that the EVA lamp could create confusion in a following driver other than that of an emergency vehicle. In this sense, the CHMSL and other stop lamps would be impaired if the following driver delayed in responding to a stop signal.

We note also that state laws often prohibit a white light to the rear, other than a license plate lamp, as do the Vienna Conventions on motor traffic.

If you have any questions, you may phone Taylor Vinson of this Office (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosure
ref:108
d.5/4/00