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Interpretation ID: vanhool.2

    Mr. Wilfried Geens
    Compliance and Regulations
    Van Hool N.V.
    Bernard Van Hoolstraat 58
    B-2500 Lier Koningshooikt
    Belgium


    Dear Mr. Geens:

    This responds to your letter of July 23, 2004, in which you sought clarification as to whether certain identified headlamp assembly designs for one of your motor coach models would comply with the requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices and Associated Equipment. Your letter went on to describe four potential headlamp assembly designs containing three horizontally-aligned lamps on each side of the vehicle, which reflect "European styling" that you wish to introduce to the U.S. market. To simplify the discussion, each of these proposed designs is described below, followed by our response.

    By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue FMVSSs that set performance requirements for new motor vehicles and items of motor vehicle equipment (see 49 U.S.C. Chapter 301). NHTSA does not provide approval of motor vehicles or motor vehicle equipment, and we do not determine compliance of a vehicle or item of equipment outside the context of an actual enforcement proceeding. Instead, manufacturers are required to self-certify that their products conform to all applicable safety standards that are in effect on the date of manufacture. The following represents our opinion regarding the applicability of our laws to your products based upon the facts set forth in your letter.

    Before turning to your specific questions, I would like to clarify generally our requirements for headlighting systems of the type described in your letter. Your letter described your existing European headlamp assembly containing three projector lamps on each side, two of which provide an upper beam. These projector lamps are all at the same height, with a center lower beam projector flanked by two upper beam projectors.

    An enclosure to your letter depicting one of the headlamp assemblies used in this system leads us to believe that your system uses replaceable light sources. You stated that this design is in compliance with the relevant UN Economic Commission for Europe (ECE) Directive (ECE R48.02).

    Vehicles offered for sale in the U.S. must meet all applicable requirements of NHTSAs FMVSSs, and FMVSS No. 108 prohibits a vehicle with a replaceable bulb headlamp system from having more than two upper beams and two lower beams. Specifically, paragraph S7.5, Replaceable bulb headlamp systems, subparagraph (a) provides, "The system shall provide only two lower beams and two upper beams and shall incorporate not more than two replaceable light sources in each headlamp."  Based upon your questions, it is apparent that you recognize this limitation and seek to identify lamp arrangements that meet the requirements of the standard. For the sake of analysis, we assume that your motor coaches are 80 inches or more in overall width and that the described upper and lower beams comply with the photometric requirements of FMVSS No. 108.


    PROPOSAL 1

    "Keep the European look with the 3 lamps at each side, permanently disconnecting the electrical supply of the outer upper beams (See enclosure, position 4)."

    Response

    We believe that this proposed design would not comply with FMVSS No. 108. Paragraph S5.3.1 of the standard discusses the location of required equipment, and that provision states that for multipurpose passenger vehicles, trucks, trailers, and buses 80 inches or more in overall width, such equipment must be located as specified in Table II of the standard. In turn, Table II provides related to buses that " each headlamp providing the lower beam [shall be located], at the same height, 1 on each side of the vertical centerline, as far apart as practicable."

    Based upon your diagram showing a "disconnected" upper beam headlamp at the outboard-most position, we believe that it would clearly be practicable to locate the lower beam in that position. As a result the lower beams would not be located as far apart as practicable, so it appears that this proposed design would not comply with FMVSS No. 108.


    PROPOSAL 2

    "Replace the outer upper beams (Position 4) by an amber reflex reflector, in addition to the reflex reflectors allready [sic] fitted on the front bumper."

    Response

    We believe that this proposed design would not comply with FMVSS No. 108. In this case, the amber reflex reflector would be an item of supplemental lighting equipment not required under the standard. Consequently, its incorporation into the headlamp assembly, as described, again would impermissibly prevent the lower beams from being located as far apart as practicable. (See discussion in response to Proposal 1 immediately above.)


    PROPOSAL 3

    "Replace the outer upper beams (Position 4) by turn signal lamps, in addition to the turn signal lamps at the top of the front lighting clusters (Position 3)."

    Response

    We believe that this proposed design would not comply with FMVSS No. 108. Table II provides that turn signal lamps in buses shall be located as follows: "At or near the front 1 amber on each side of the vertical centerline, at the same height, and as far apart as practicable. On the rear 1 red or amber on each side of the vertical centerline, at the same height, and as far apart as practicable." As noted above, Table II also requires lower beam headlamps (again, items of required equipment) to be as far apart as practicable.

    However, for required lamps that are required to be as far apart as practicable, we have not established a hierarchy regarding which of those items should take precedence in terms of placement location. If the only turn signal lamp on the front of the vehicle were located at the outboard-most position as a substitute for that upper beam headlamp (position 4 of your diagram), such configuration might be permissible.

    Nevertheless, Proposal 3 clearly demonstrates that it is practicable to include a turn signal at position 3 (already present directly above the outboard-most headlamp) and that it is practicable to include a headlamp at position 4 (currently a high beam). Thus, your current design demonstrates that it would be practicable to move the lower beam headlamp to the most outboard position (position 4). Such location would meet the standards requirement for the lower beam headlamps to be as far apart as practicable. As a result, it appears that this proposed design would not comply with FMVSS No. 108.


    PROPOSAL 4

    "Replace the outer upper beams by any other device in compliance with FMVSS No. 108, S5.5.11 (e.g. daytime running lamps) without changing the European look."

    Response

    We believe that this proposed design would not comply with FMVSS No. 108. In this case, the daytime running lights would be an item of supplemental lighting equipment not required under the standard. Consequently, their incorporation into the headlamp assemblies, as described, would again prevent the lower beams from being located as far apart as practicable. (See discussion in response to Proposal 1 above.)

    If you have any questions, you may contact Eric Stas of my staff at (202) 366-2992.

    Sincerely,

    Jacqueline Glassman
    Chief Counsel

    ref:108
    d.9/7/04