Interpretation ID: nht89-1.69

TYPE: INTERPRETATION-NHTSA

DATE: 04/11/89

FROM: EDWARD P. KIRBY -- MASSACHUSETTS SENATE

TO: BARRY FELRICHE -- ASSOCIATE ADMINISTRATOR FOR RULE MAKING NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 06/16/89 ESTIMATED FROM BARRY FELRICE -- NHTSA TO EDWARD P. KIRBY -- SENATE; REDBOOK A33[4][B]; STANDARD 108

TEXT: Dear Mr. Felriche:

I enclose herewith a copy of a bill which I filed in the Massachusetts General Court and which has been referred to our Committee for Public Safety concerning the use of amber colored rear directional signals.

Obviously my legislation can only be a gesture since such matters are reserved for the Federal government under the Interstate clause of the United States Constitution. I filed it to make a point to have a forum in which to discuss it. As a result, I have learned that your department is considering a change in Section 571.108 of 47 CFR V regarding just that point.

In my experience as a driver I have seen numerous cases in which the lack of amber colored directional signals has led to confusion, when someone is pumping the brakes rhythmically on a vehicle equipped only with red signal lights on the rear. This l eads to the transmission of ambiguous indications of the driver's intent.

As a lawyer I have had two occasions to see the ambiguity resulting from brake pumping in cases in which some of the red rear signal bulbs were not working. At least when one yellow turn signal is not working one is not led to believe that the preced ing driver is planning a turn when he is not. He may be planning a turn that you cannot detect but you are not led to believe he will turn right when he is actually planning to turn left.

I hope that the regulations will be changed so that American manufacturers will place safety above their misguided application of aesthetic considerations. Frankly, I even think that amber signals' are themselves more attractive because they make sens e.

Thank you very much for your consideration of this letter.

Sincerely yours,

Enclosure: Senate Bill No. 1217

By Mr. Kirby, a petition (accompanied by bill, Senate, No. 1217) of Edward P. Kirby for legislation relative to the use of amber-colored directional signals on new motor vehicles. Public Safety.

The Commonwealth of Massachusetts

In the Year 1989

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Notwithstanding any general or special law, rule or regulation to the contrary, all new motor vehicles made or sold in the Commonwealth shall have amber-colored directional signals. this act shall take effect as of January 1, 1990.