Interpretation ID: 3010yy
221 Decatur Street
Michigan City, IN 46360
Dear Mr. Dankert:
This responds to your letter of May 14, l99l, to Taylor Vinson of this Office, asking for an interpretation of Motor Vehicle Safety Standard No. l08 as it relates to your patent. We appreciate that you included a copy of the patent so that we might have a better understanding of your invention.
As you have explained it, "a sensor that responds to the movement of the accelerator pedal serves to maintain the activation initiated by the brake pedal until the accelerator pedal is depressed, regardless of any speed." In short, when the center highmounted stop lamp is activated by application of the brake pedal, your device ensures that the lamp remains activated when the foot is removed from the brake pedal until such time as the accelerator is again depressed.
The Summary of the Invention in the patent indicates that the basic kit includes a logic circuit unit connecting the accelerator, high mounted stop lamp, and back up lamp (so that when the vehicle is placed in reverse gear, the center lamp, if on, remains on). Optionally, the unit can connect the right and left turn signal lamps (which the Operation of the System in the patent indicates "flashes that 'third' light when either turn signal is operated . . . ."
You believe that your system complies with Standard No. l08, specifically, paragraph S4.5.4 (now S5.5.4) which states "The high-mounted stop lamp on a passenger car shall be activated only upon application of the service brakes." I regret that we must disagree with you. The "only" activation of the center lamp permitted by Standard No. l08 is "upon application of the service brakes." If the service brakes ceased to be applied, the lamp must be deactivated. To allow the center lamp to remain activated when the service brakes are no longer applied would be to allow its activation under conditions other than the application of the service brakes. The stop lamps on the vehicle serve a clearly defined purpose: to indicate the intention of the driver to stop the vehicle, or to diminish its speed, through braking. Paragraph S5.5.4 ensures that the stop lamps will not be used at times other than braking. While use of the stop lamp to indicate a vehicle stopped by the road may be an intuitively attractive idea, we note that there is already a safety system on a vehicle, the hazard warning flasher system, that is specifically intended to be used for this purpose.
We also note that the invention would appear to be prohibited by paragraph S5.1.3 (formerly S4.1.3) of Standard No. l08. This prohibits the installation of any item of motor vehicle equipment that may impair the effectiveness of lighting equipment required by the standard. We deem effectiveness impaired when the intended function of a lamp is lessened, either by outright interference with the lamp's performance, or by the introduction of factors that may create confusion as to the meaning of the signal sent by the lamp. We appreciate the fact that you believe your invention will contribute to motor vehicle safety by indicating the presence of a car that has been put into reverse gear. However, we believe that your invention would impair the effectiveness of the backup lamp. In the reverse mode, the simultaneous activation of the center stop lamp and the backup lamp could create at least momentary confusion as to whether the driver was braking, had braked, or was reversing direction.
The option of the invention that flashes the center lamps with the turn signal lamps is prohibited by paragraph S5.5.10(d) which, in essence, requires all stop lamps to be steady burning in use.
For the foregoing reasons, Standard No. l08 does not allow your invention to be used as original equipment on passenger cars. Nor could it be retrofitted on passenger cars already in use that are equipped with the center lamp. Federal law, in essence, prohibits a manufacturer, distributor, dealer, or motor vehicle repair business, from rendering a safety system wholly or partially noncompliant. As noted above, your invention would have this effect on the center lamp or the backup lamp.
We would also caution against use of your device in conjunction with aftermarket high-mounted stop lamps intended for retrofit on vehicles that were not required by Standard No. l08 to be equipped with them (i.e., passenger cars manufactured before September 1, l985, and multipurpose passenger vehicles, light trucks, and vans manufactured before September 1, l992). In our opinion, the reasons expressed in the last two sentences of the preceding paragraph would continue to apply to the backup lamp system.
Even if permitted under Federal law, the laws of the individual States where an invention is sold may prohibit such a device. We are not in a position to advise on the acceptability of inventions under States laws, and suggest that you write for an opinion to the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.
Sincerely,
Paul Jackson Rice Chief Counsel ref:VSA#l08 d:6/3/9l