Interpretation ID: 2837o
General Manager
Phoenix Transit System
P.O. Box 4275
Phoenix, AZ 85030
Dear Mr. Hocken:
This is in reply to your letter of December l6, l987 to Mr. Vinson of this office requesting an interpretation of Motor Vehicle Safety Standard No. l08. You have received a "Service Information Safety Related letter" from Flxible Corporation stating that deceleration warning lights installed on your buses do not comply with Standard No. l08. You have also asked how you may file for "Special Exception" if your buses are not in compliance.
This will confirm that Flxible Corporation, pursuant to applicable Federal regulations, has determined that certain buses produced by it, including the 67 units furnished Phoenix, do not comply with Standard No. l08, and has initiated a notification and remedy campaign (Campaign 87V-089). The basis of this determination was the manufacturer's conclusion that flashing amber deceleration warning lamps could create confusion when activated simultaneously with the red steady burning stop lamps. The company has advised you of the corrective action to be taken, that is, to remove the deceleration flasher. Although the agency encourages owners of campaigned vehicles to remedy noncompliances, the decision whether to do so rests with the vehicle owner. There is no Federal requirement that an owner correct a noncompliance that exists in his vehicle, and no penalty for his failure to do so. Thus, no "Special Exception" is either needed or available for an owner who wishes to continue operating a vehicle in a noncompliant state.
We are interested in your comment that you experienced a 44 percent reduction in accidents in l985, the first full year that the system was installed on all your buses, compared with l984. This report compares favorably with the accident reduction experienced in our test fleets of passenger cars equipped with center highmounted stop lamps, which was the basis for eventual adoption of that requirement. The agency is engaged in research pertaining to the conspicuity of large vehicles, and would find it helpful to have a copy of the data upon which you based your comment. It should be sent to Michael Finkelstein, Associate Administrator for Research and Development, NHTSA, 400 Seventh Street, S.W., Washington, D.C. 20590. We appreciate your interest in safety.
Sincerely,
Erika Z. Jones Chief Counsel
ref:l08#VSA d:3/7/88