Interpretation ID: 2342y
Quality Control Department
The Bargman Company
129 Industrial Avenue
Coldwater, MI 49036
Dear Mr. Evans:
This is in reply to your letter of December 13, 1989, with respect to whether the installation of "yellow" reflex reflectors on the rear of motor vehicles is permissible under Standard No. l08. Because the standard uses the term "amber" instead of "yellow", I shall refer to yellow as amber also.
As you note, the standard requires two red reflex reflectors to be mounted on the rear, but is silent as to whether additional reflectors, amber in color, are permitted. One of your customers has asked you to manufacture an amber turn signal lens that would have an amber reflex reflector area around the outer edge. The turn signal lamp would be adjacent to a lamp of apparently identical size and shape with a red lens and reflex reflector area, providing stop and tail lamp functions. The State of Michigan apparently allows only red reflex reflectors on the rear. You have asked whether reflectors of other colors may be mounted on the rear as long as the required red ones are present, and if it is illegal, whether Standard No. l08 may be amended to eliminate the confusion.
Because an amber reflector is not a required item of lighting equipment that Standard No. l08 specifies to be installed on the rear of a motor vehicle, its acceptability is subject to the general provisions of section S5.1.3. This states, in pertinent part, that no additional reflective device may be installed that impairs the effectiveness of lighting equipment required by Standard No. l08. It does not appear to us that an amber taillamp lens with an amber reflector would create an impairment. Under Standard No. l08, amber is a permissible color for rear turn signal lamps, and its presence on a reflector surrounding the lamp should not create confusion. Therefore, manufacture, sale, and installation of an amber taillamp lens with an amber reflector would not constitute a noncompliance with Standard No. l08.
However, an interpretation by NHTSA that its lighting standard does not forbid the installation of an amber reflex reflector does not mean that a State could not adopt and enforce a law prohibiting such a reflector. Under section l03(d) of the National Traffic and Motor Vehicle Safety Act, a State may impose its own safety requirements covering any aspect of performance that is not covered by Standard No. l08. We construe this provision narrowly, as allowing a State to regulate all lighting equipment that is not specifically required by Standard No. l08. Noting that Section CI 257.691 of the Micigan vehicle lighting code that you enclosed specifies that reflectors "mounted on the rear shall reflect a red color to the rear", the appropriate remedy would be to seek an amendment of the Michigan law. This agency presently has no plans to specify yellow as an alternate color for rear reflex reflectors.
Sincerely,
Stephen P. Wood Acting Chief Counsel
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