Interpretation ID: 21872.ztv

Mr. Paul Crunk
Track Master Inc., LED
Box 725
Taylor, MI 48180-0725

Dear Mr. Crunk:

This is in reply to your fax of July 11, 2000, to Taylor Vinson of this Office.

You wish to manufacture for use on "semi trucks and trailers" certain "marker lamps that will have the ability to change from street legal to a show color for when the driver is off road in a parking lot or truck stops or truck shows." The color "will match the color of their truck or trailers." You cite the color blue as an example of a show color. The marker lamp will operate normally with red or amber colors. There is some indication in your letter that the system would be used in marker lamps that incorporate turn signal lamps.

As you realize, front side marker lamps and turn signal lamps must be amber in color. Rear side marker lamps must be red in color. Rear turn signal lamps must be either red or amber in color. These color requirements have been established by Tables I and III of Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices and Associated Equipment , for original lighting equipment on all motor vehicles, including truck tractors and trailers. These requirements also apply to replacement motor vehicle lighting equipment, which must meet the same standards as original equipment. This means that the use of any color other than red or amber to illuminate a side marker or turn signal lamp would create a noncompliance with Standard No. 108. The fact that you intend the system to be used only off road is immaterial; the vehicle itself has been manufactured for on-road use and its equipment must meet all applicable Federal motor vehicle safety standards. I also observe that truck tractors and trailers operated commercially in interstate commerce are subject as well to the regulations of the Federal Motor Carrier Safety Administration (FMCSA) of the Department of Transportation. FMCSA regulations require that marker and turn signal lamps be red or amber in color.

Consequently, the side marker lamps that you describe cannot be certified as complying with Standard No. 108 and thus cannot be sold either as original or replacement equipment.

This system would also be subject to State law. Generally, States reserve the use of the color blue for emergency vehicles. Increasingly, the color purple is used to designate funeral processions.

Mr. Vinson has already talked with Peter Crunk of your company on this matter, but if you require further information, you may call him at 202-366-5263.

Sincerely,

Frank Seales, Jr.
Chief Counsel

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d.8/11/00