Interpretation ID: 1985-03.37

TYPE: INTERPRETATION-NHTSA

DATE: 08/22/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Leo Kagan -- AMCO Manufacturing Corp.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Leo Kagan Director of Marketing Automotive Division Amco Manufacturing Corporation 7425 Fulton Avenue North Hollywood, CA 91605

This is in reply to your letter of July 19, 1985, asking if a deck-mounted rack loaded with luggage would cause a violation of the center high-mounted stop lamp provisions of Motor Vehicle Safety Standard No. 108. The answer is no. Compliance with standard No. 108 is determined independent of whether the luggage rack is loaded. However, if the rack is installed before sale of the vehicle to its first purchaser, or if it is installed after sale by a person other than the vehicle owner, care must be taken to insure that the photometric and visibility requirements for center high-mounted stop lamps continue to be met with the unloaded rack in place. The lamp is intended to reduce the incidence of rear end collisions. Loading the rack in a manner that obscures the light will reduce the safety benefits that the lamp provides both the driver of the car, and of any vehicle that follows, and is a practice that should be discouraged. If you have any further questions, we shall be happy to answer them. Sincerely, Original Signed By Jeffrey R. Miller Chief Counsel

July 19, 1985

Taylor Vinson-NHTSA

Kevin Cavey suggested I write for a legal clarification relating to #571.108. Standard No. 108; Lamps, reflective devices, & associated equipment high mounted stoplamp.

Since all passenger cars are to have a "brake" light (or high-mounted stoplamps) as of September 1985, would anyone having a luggage rack on the trunk lid (rear deck) and carry luggage that blocks out the brake light mounted either inside the car on the rear seat ledge or in an exterior location, be in any violation?

Thanks for your help if there is any question to what I've asked please call me on 800/423-2353.

AMCO MANUFACTURING CORP.

Leo Kagan, Director of Marketing, Automotive Division