Search Interpretations

Interpretation ID: vastatepat.ztv



    Col. W. Gerald Massengill
    Superintendent
    Department of State Police
    Commonwealth of Virginia
    P.O. Box 27472
    Richmond, VA 23261-7472


    Dear Col. Massengill:

    This is in reply to your letter of April 19, 2001, to Taylor Vinson of this Office regarding undercover or "hide-a-way" lights on Virginia state police patrol vehicles. You would like to equip unmarked patrol cars with a certain lighting system for use on Interstate highways within the Commonwealth if the lights comply with Federal Motor Vehicle Safety Standard No. 108. You have asked two specific questions.

    For the reasons discussed below, our answer is that you may equip your vehicles with this system without violating Federal law.

    You write that "Ford Motor Company engaged a consulting firm, Crown North America, to install the Whelan lights in the taillight, four side marker lights, and possibly the parking lights of a new Crown Victoria for evaluation." The "Whelan lights" are apparently strobe lights. These appear to be part of a "Police Prep and Visibility Package" which forms the basis of a "Police Interceptor Police Package" marketed by Ford Motor Company. Under Ford's "Visibility Package," a strobe power supply is installed in the trunk of a vehicle "capable of controlling all strobe light heads."

      You have asked:

      "First, is whether the modification of the tail and marker lights to allow insertion of the strobe unit impairs the effectiveness of the equipment required by FMVSS 108, renders the equipment non-compliant or compromises the integrity of the original lighting devices?"

    With respect to new vehicles, Standard No. 108 requires parking lamps, side marker lamps, and optional lighting to be steady burning in use (S5.5.10(d)). When parking lamps and side marker lamps are flashed by the strobe device, a noncompliance with Standard No. 108 would occur. Standard No. 108 also prohibits the installation of "other motor vehicle equipment . . . that impairs the effectiveness of lighting equipment required by this standard" (S5.1.3). Strobe lights are "other motor vehicle equipment" within the meaning of this phrase. We read the term "installation" to include use of the other vehicle equipment. Impairment of parking and side marker lamps will result if they are activated for a purpose other than to serve as parking and side marker lamps.

    Traditionally, we defer to the judgment of States as to the installation and use of emergency lighting devices on its vehicles. In this instance, the strobe lights will be used on unmarked Ford Crown Victoria passenger cars, virtually identical to Ford Crown Victoria passenger cars available to the general public. We want to allow States to install and use strobe lights on unmarked vehicles yet we do not think it in the interest of safety to allow the general public to do the same on virtually identical vehicles.

    We would distinguish police and private vehicles in this manner. The drivers that operate police vehicles will be instructed to use the strobe equipment only when it is required to alert a motorist to pull to the side of the road and thereafter to alert other motorists of the presence of stopped vehicles and law enforcement personnel at the side of the road. In all other circumstances, the parking lamps and side marker lamps will operate as they normally do. Thus, the noncompliance and impairment are temporary in nature and are necessary for the missions of the State police. We believe, then, that the strobe equipment is permissible because of the circumstances which are unique to law enforcement. This would not be the case for vehicles that are not specified by state or local laws to be emergency vehicles that may be required to have special, additional lighting.

      "Second, once installed, if the strobes are removed and the hole plugged prior to auctioning the vehicle, would these modifications render the light noncompliant with FMVSS 108?"

    We assume that you mean the tail and marker lamps to which you referred in your first question. If the strobes are removed from the tail and side marker lamps, and those lamps continue to perform as they originally did when the vehicle was certified by Ford Motor Company, then the removal of the strobes would not of themselves appear to render the light noncompliant with Standard No. 108. Care should be taken in plugging the holes to minimize the chance of environmental degradation (e.g., dust, moisture) of lighting performance.

    Under Federal law (49 U.S.C. 30122), the State, as the owner of a vehicle, may itself modify the vehicle after its purchase even if this modification results in a noncompliance with a Federal motor vehicle safety standard. Further, there is no Federal requirement that the owner return the vehicle to compliance before selling it. However, we ask that the State Patrol ensure that lamps on vehicles it sells at auctions are properly wired and have the proper bulbs if these were affected by the installation or removal of the lamps used in undercover lighting schemes.

    If you have further questions you may call Mr. Vinson (202-366-5263).

    Sincerely,

    John Womack
    Acting Chief Counsel

    ref:108
    d.7/3/01