Interpretation ID: 2863yy
Instant Traffic Lights
2580 W. Venice Boulevard
Los Angeles, CA 90019
Dear Mr. Wilson:
This is in reply to your letter of February 20, 1991, with respect to the acceptability under Federal law of your product, the "Instant Traffic Light. I regret that we do not appear to have a record of your earlier letters to the agency on this subject.
The "Instant Traffic Light" is a four-section unit intended to perform three functions, each indicated by a different color. A green light appears when the accelerator is applied, an amber light when the accelerator is released, and a red light when the brakes are applied. The lamp's shipping carton shows the unit mounted on the rear parcel shelf behind the rear window. The text on the carton says that the lamp is easy to assemble. You have asked whether the product meets Standard No. l08, whether it would be "legal" in the U.S. "and her territories", and whether the product could replace, or be an option to, the requirements of Standard No. 108 for the center high-mounted stop lamp. Finally, of the l6 States that have responded to your inquiry, an equal number (six) have indicated that the lamp is and is not acceptable to them, while the remaining four "said they will follow the Federal requirement."
Standard No. l08 does not permit the center high-mounted stop lamp to be combined with any other lamp. This means that your product could not be used as original equipment on a passenger car, whether as standard equipment or as an option, or marketed and sold as replacement equipment for a center lamp on a passenger car that was originally equipped with it. However, Standard No. l08 does not apply to the "Instant Traffic Light" if it is marketed or sold exclusively for use on passenger cars that were not originally required to be manufactured with the center stop lamp, i.e., those cars that were manufactured before September 1, l985. Under this circumstance, the question of the legality of use of the device is to be determined by the laws of the individual States. The "territories" are "States" for purposes of this discussion. Since there is no legal prohibition under Federal law for installation of your lamp only on older passenger cars, we presume that the four States that reserved their decision would permit it on pre - l985 vehicles registered and/or operating within their borders.
We are aware that, nevertheless, there may be some owner interest in replacing original equipment center stop lamps with your product. We would like to advise that such replacement would be a violation of the National Traffic and Motor Vehicle Safety Act, if performed by a manufacturer, distributor, dealer, or motor vehicle repair business. There is no such restriction upon a vehicle owner who performs the replacement of the lamp himself.
I hope that this responds to your questions.
Sincerely,
Paul Jackson Rice Chief Counsel
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