Interpretation ID: 3009yy
Account Manager
Kelsey Products Division
38481 Huron River Drive
Romulus, MI 48174
Dear Mr. Lewandoski:
This responds to your letter of April 30, l99l, to Taylor Vinson of this Office with respect to the regulation of trailer stop lamp activation by Standard No. l08.
You have enclosed a photocopy of literature on the Tekonsha Voyager electronic brake control. This system incorporates a manual override side bar that manually activates the trailer brakes without a corresponding activation of the trailer stop lamps. The reason for this is the manufacturer's view that "STOPPING IS NOT THE INTENT. BY NOT DRIVING THE STOPLIGHTS DURING MANUAL ACTIVATION, THE VOYAGER ELIMINATES FALSE BRAKE LIGHT SIGNALS . . . ." The literature carries the notation that "THE VOYAGER AND VOYAGER XP MEET NATIONAL HIGHWAY TRANSPORTATION (sic) SAFETY ADMINISTRATION (N.H.T.S.A.) REGULATIONS REGARDING TOW VEHICLE/TRAILER LIGHT APPLICATION." You have asked whether Standard No. l08 permits application of the trailer brakes without activation of the towing vehicle/trailer stop lamps.
It does not. Tekonsha misunderstands the function of a stop lamp. A stop lamp not only indicates the intent of the driver to stop, but also the intent of the driver "to diminish speed by braking." (see the definition of "stop lamp" in SAE Standard J568c, Stop Lamps, August l970, incorporated by reference in Standard No. l08). Paragraph S5.5.4 of Standard No. 108 requires that "The stop lamps on each vehicle shall be activated upon application of the service brakes." The Voyager electronic control applies the service brakes to diminish vehicle speed, and therefore the stop lamps are required to be activated.
The installation of the Voyager by a manufacturer or dealer before the initial sale of a trailer would therefore appear to be a violation of Standard No. l08 since its operation would create a noncompliance with the standard. As an aftermarket device, it is subject to the "render inoperative" prohibition of l5 U.S.C. 1397(a)(2)(A). Any manufacturer, distributor, dealer or motor vehicle repair business installing the device after the trailer's initial sale is, in effect, rendering the trailer's stop lamps inoperative when the device is used. Civil penalties are provided for with respect to violations of either Standard No. l08, or section 1397(a)(2)(A). The statement as to compliance with NHTSA regulations is wrong.
We appreciate your bringing this matter to our attention. I am forwarding a copy of your letter to our Office of Vehicle Safety Compliance for such further action as it deems appropriate.
Sincerely,
Paul Jackson Rice Chief Counsel
ref:l08#VSA d:5/23/9l