Interpretation ID: nht87-2.33

TYPE: INTERPRETATION-NHTSA

DATE: 07/09/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. Richard F. Anderson

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Richard F. Anderson Regional Manager Phoenix Products Company, Inc. 4715 North 27th Street Milwaukee, WI 53209

Dear Mr. Anderson:

This is in reply to your letter of May 20, 1987, with respect to the acceptability of stroboscopic lighting as a supplement to the center high-mounted stop lamp. This lamp, or a series of lamps, would operate only under "panic" conditions, when the opera tor exerts higher than normal pedal pressure. You envision both OEM and aftermarket applications.

The acceptability of supplemental lighting equipment is determinable under the National Traffic and Motor Vehicle Safety Act of 1966 as amended and Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices and Associated Equipment, which i s issued under its authority. Standard No. 108 is primarily concerned with the lighting equipment that it mandates as original equipment for motor vehicles, and replacement equipment for those items. Supplemental stroboscopic lamps are not covered by the standard, but as original equipment is nevertheless subject to several restrictions. A lamp that is not covered by Standard No. 108 is permissible if it does not impair the effectiveness of lighting equipment required by the standard. (Paragraph S4.1.3. ) We offer no opinion whether a stroboscopic panic light would impair the effectiveness of a vehicle's stop lamp system. However, all passenger car lamps except turn signals and hazard warning signals (and headlamps and side marker lamps when used for si gnaling) must be steady-burning when in use. (S4.5.11) Since the strobe lamp is a pulsing one, it would therefore not be acceptable as original equipment.

Once a vehicle has been sold to its initial purchaser, the safety standards no longer apply. The only restriction that pertains to it is that any modification performed by a manufacturer, dealer, distributor, or motor vehicle repair business must not ren der inoperative in whole or in part any device or element of design installed pursuant to a Federal motor vehicle safety standard. As your strobe design would not appear to interfere with the operation of the center high-mounted stop lamp, it does not ap pear to violate this restriction. However, aftermarket equipment of this nature would be subject to the laws of the individual States in which the device is sold and/or used. We are unable to advise you of State laws, and suggest you contact for further advice the American Association of Motor Vehicle Administrators (AAMVA), 1201 Connecticut Ave., N.W., Washington, D.C.

Sincerely,

Erika Z. Jones Chief Counsel

May 20, 1987

Ms. Erika Jones, Chief Counsel NHTSA Room 5219 400 Seventh Street, S.W. Washington, D.C. 20590

Dear Ms. Jones:

This is written subsequent to a telephone discussion this date with Atty. Taylor Vinson, of your office.

Our company is a manufacturer of lighting products, and at the present, is in a particularly aggressive mode in search of new products to serve both existing and new markets.

I have offered a new product suggestion which would apply to automotive crash avoidance: the suggestion provides for one or more (I visualize three) stroboscopic lights that could be placed adjacent or surrounding the third brake light mounted at the rea r window ("Elizabeth Dole light").

The stroboscopic light (or lights) would not operate under normal braking conditions, but would operate only under "panic" conditions when the operator exerts higher than normal pedal pressure. Such pressure would activate a switch, which in turn, would fire the stroboscopic light(s), thereby providing an additional and attention-drawing warning.

Ms. Jones, my purpose in writing on this subject is that we would appreciate a determination that my suggestion would evolve into a product in conformance with any federal regulations that may exist relative to personal and commercial transportation.

If we learn from your office that the product is within legal limits, we would went to offer the product to both OEM and aftermarkets.

We will appreciate your guidance.

Sincerely,

Richard F. Anderson Regional Manager