Interpretation ID: nht89-2.71

TYPE: INTERPRETATION-NHTSA

DATE: 08/17/89

FROM: STEPHEN P. WOOD -- NHTSA ACTING CHIEF COUNSEL

TO: ALAN S. ELDAHR, -- OPTIMUM BUILDING TECHNOLOGIES

TITLE: NONE

ATTACHMT: LETTER DATED 08/08/88 FROM ALAN S. ELDAHR -- OPTIMUM BUILDING TECHNOLOGIES TO ERICA JONES -- NHTSA; OCC 2404

TEXT: Dear Mr. Eldahr:

This is in reply to your letter with respect to a "small LED display reader board for use in private vehicles." This device can be incorporated with the center highmounted stoplamp, or installed as a separate unit, also to be placed in the rear window. In the latter configuration, messages can be displayed continuously, or stop when the service brakes are applied. You have concluded that the device will not impair the effectiveness of lighting equipment required by Federal Motor Vehicle Safety Standar d No. 108. You have asked for our comments. I regret the delay in responding.

Our first comment is that the device cannot be combined with an original equipment center highmounted stop lamp, or with an aftermarket center highmounted stop lamp used to replace original equipment center lamps, installed on vehicles manufactured on an d after September 1, 1985. Paragraph S5.4 of Standard No. 108 forbids combining the center stop lamp with any other lamp. We view the LED reader board as a type of signal lamp within the meaning of the prohibition.

The legality of a combined LED-center stop lamp for installation on passenger cars manufactured before September 1, 1985, is not determinable under Standard No. 108, but under the National Traffic and Motor Vehicle Safety Act. Its installation by motor vehicle manufacturers, distributors, dealers or repair businesses would be permissible under Federal law if the installation does not render inoperative in whole or in part any element of design, or device, installed in accordance with a safety standard. However, it would still remain subject to regulation by any State in which it would be sold or operated. We cannot advise you on State laws. You may wish to consult the American Association of Motor Vehicle Administrators for an opinion (4600 Wilson Boulevard, Arlington, Va. 22203).

As for the device's legality as a separate unit in the rear window area, when installed as an item of original equipment, it must not impair the effectiveness of the lighting equipment required by Standard No. 108. If it creates a noncompliance with the field of view requirements of

Standard No. 111 Rearview Mirrors, an outside rear view mirror must be provided on the passenger's side. As an aftermarket item, it is subject to the render inoperative provisions of the Act. We believe that an additional original equipment light in th e rear window, whether red or amber, and whether or not operating simultaneously with the center lamp but sending messages unrelated to vehicle stops, could confuse and distract a driver following, and in that sense impair the effectiveness of the center lamp. For the same reason, we believe that as an aftermarket item installed on passenger cars manufactured on or after September 1, 1985, your device could render the original equipment center lamp on those cars partially inoperative by distracting att ention from its function. As for installation on vehicles that were manufactured before that date and thus lack center lamps, this again is a question to be answered under State laws. At all times, the field of view requirements of Standard No. 111 must be maintained, regardless of whether the car was manufactured before or after September 1, 1985.

Sincerely,