Interpretation ID: 19436.ztv
Mr. Derek Shepherd
North American Automotive Group
7770 St. Marlo Parkway
Duluth, GA 30097
Dear Mr. Shepherd:
This is in reply to your letter of January 4, 1999, to Paul Atelsek of this Office. We regret the delay in answering.
You seek our "approval" of your product, the Safety Pulse, a device that causes the center-highmounted stop lamp ("CHMSL") to flash when the brake pedal is applied. You state that this type of product has been sold on the market for a number of years, and, that to the best of your knowledge, "none of these companies have asked for a letter of approval from your office." Further, you believe that DOT "regulations are relatively vague in terms of pulsing the 3rd brake light."
We have no authority to approve or disapprove any motor vehicle or item of motor vehicle equipment. We do provide opinions as to the relationship of a particular product or its use to the Federal laws and regulations that we administer. Over the years, we have, in fact, provided a number of opinions on flashing CHMSL's. In our opinion, the applicable DOT regulation is straight-forward and clear on the subject. That regulation is Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment. S5.5.10(a), (b), and (c) of Standard No. 108 list the lamps which are permitted to flash. Stop lamps are not among them. S5.5.10(d) requires all other motor vehicle lamps to be steady-burning in use. "All other motor vehicle lamps" includes all stop lamps, including the CHMSL. The lighting standard is premised upon consistency of performance. We believe that the presence of both flashing and steady-burning stop lamps could result in momentary confusion as to the intended "message" of the flashing lamp, causing a delay in applying the brake pedal. For this reason, we do not allow CHMSLs to flash.
We believe that your uncertainty as to legality may be caused by the products available in the aftermarket that can cause the CHMSL to flash. Manufacture and sale of this product is not illegal under Federal law because this product, an automotive accessory module that can flash lamps, is not specifically regulated by our safety standard.
However, Federal law provides that a "manufacturer, distributor, dealer, or motor vehicle repair business" may not modify a vehicle so that it no longer conforms to Standard No. 108.
Installation of a device by one of these four entities that causes a CHMSL to flash would create a noncompliance with Standard No. 108, and therefore be a violation of 49 U.S.C. 30122. A civil penalty of up to $1,100 per violation could be imposed, up to $880,000 for a related series of violations. Please note that a vehicle owner does not violate Federal law if (s)he installs the device, but the legality of its use remains subject to state and local laws. We are unable to advise you about them. In spite of the fact that the prohibition of Sec. 30122 does not cover modifications by owners, it is not in the interest of safety for an owner to disconnect or modify the performance of equipment originally installed in order to comply with a Federal safety requirement.
Even though your product is not regulated by Standard No. 108, as an accessory or an addition to a motor vehicle, it is "motor vehicle equipment" as we define it (49 U.S.C. 30102(a)(7)(B)). This means that, if either you or we determine that it contains a safety related defect, such as shorting out other lamps, you, as its manufacturer, must notify and remedy the defect as required by 49 U.S.C. 30118-30120.
If you have any questions, please call Taylor Vinson of this Office (202-366-5263).
Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:108
d.9/27/99