Interpretation ID: nht92-7.10

DATE: May 8, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Bill Willett

TITLE: None

ATTACHMT: Attached to letter dated 4/17/92 from Bill Willett to NHTSA (OCC 7240)

TEXT:

This responds to your letter of April 17, 1992, with respect to motor vehicle lighting. You believe that a "flickering brake light is an improvement to the existing dim-bright red light now used." The light you have in mind is one which "flashes on and off at a faster rate than that of the turn signal and emergency flashers." The light is intended "to alert the driver that the brakes are applied as long as the brakes are used . . . ." You have asked "Is there any Federal law preventing me from doing research by adding another device to the vehicle lights."

Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment, requires that stop lamps be steady-burning when the brakes are applied. The National Traffic and Motor Vehicle Safety Act prohibits a "manufacturer, distributor, dealer, or motor vehicle repair business" from any modification that renders wholly or partially inoperative motor vehicle equipment, such as stop lamps, installed pursuant to a standard such as Standard No. 108. Were the existing stop lamps to be rewired to flash, we would regard the change from steady burning to flashing as rendering the stop lamps partially inoperative within the meaning of this prohibition. However, please note that the prohibition includes only four categories of persons, and does not apply to modifications made by a "survey group member" who is not within one of those categories. Nor does it apply to modifications made by a vehicle owner.

In addition, you should check with the authorities in Alabama to ensure that your modifications do not violate any provision of the State motor vehicle code.