Interpretation ID: 23257.ztv

Mr. Larry Hughson
Vehicle Services Division
2835 N. Kerby Avenue
Portland, OR 97227

Dear Mr. Hughson:

This is in reply to your e-mail of June 18, 2001, to the National Highway Traffic Safety Administration's Region 10 asking for an interpretation of Federal Motor Vehicle Safety Standard No. 108.

You have been informed by a member of the public that Portland's police cars do not comply with Standard No. 108. You cite that portion of S5.5.4 of Standard No. 108 which states that "the high-mounted stop lamp on each vehicle shall be activated only upon application of the service brakes." You state that S5.5.10 does not list the center high-mounted stop lamp, backup lamps, stop lamps, and headlamps (for purposes other than signaling) as lamps that are allowed to flash. You also cite S5.5.10(d) which, in effect, requires these lamps to be steady burning when in use. You ask if there is an alternate standard that applies to police vehicles, or whether police cars are exempt from this requirement.

We surmise from your letter that the police vehicles are equipped with a system that flashes headlamps, stop lamps, the center high-mounted stop lamp, and backup lamps for emergency purposes.

You did not relate whether this lighting system is installed as original equipment or after the vehicles are delivered to the police. I will first address its installation as original equipment. I enclose a copy of a letter that we sent Col. W. Gerald Massengill of the Virginia State Patrol on July 3, 2001, which we believe is applicable to the questions you raise. In brief, the system you describe on Portland's vehicles does not comply with Standard No. 108. However, we traditionally defer to the judgment of a State as to the installation and use of emergency lighting devices on its vehicles. The drivers that operate police vehicles will be instructed to use the warning system only under certain circumstances, such as to alert motorists of the presence of stopped vehicles in the roadway ahead. In all other circumstances, the headlamps, stop lamps

and backup lamps will operate consistent with the requirements of Standard No. 108. The noncompliances are temporary in nature and are necessary for the mission of the police. We believe, then, that the emergency system you describe is permissible as original equipment because of the circumstances which are unique to law enforcement.

If the system is added after the vehicles are delivered to the police department, please note that Federal law (49 U.S.C. 30122), does not prohibit a vehicle owner from adding equipment that may create a noncompliance with a Federal motor vehicle safety standard. Thus, installation of the warning system by a city-owned and operated garage is not prohibited under Federal law if installed only on city-owned vehicles. If the installation of the warning system is by a motor vehicle repair business, other than one that is city-owned, we would also consider that permissible for the same reasons as we would allow the system as original equipment.

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

Sincerely,

John Womack
Acting Chief Counsel

Enclosure
Ref:108
d.7/30/01