Interpretation ID: 86-2.37
TYPE: INTERPRETATION-NHTSA
DATE: 04/23/86
FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA
TO: Delta Radio Co.
TITLE: FMVSS INTERPRETATION
TEXT:
Delta Radio Co. P.O. Box 531 Spring Valley, N.Y. 10977
Gentlemen:
The enclosed publicity on the "Attention Getter" motorcycle accessory lighting device has come to our attention. It is represented as "Approved by the NHTSA". We do not know whether that is your characterization or that of the publication in which it appeared. The National Highway Traffic Safety Administration does not "approve" or endorse products. Upon request, it will provide an interpretation of whether a lighting device is regulated, permitted, or not permitted by the Federal motor vehicle safety standard on lighting. If a device is deemed permitted by the standard, in no sense should that be construed as "approved by NHTSA".
As a matter of fact, we have never been asked for an opinion of the "Attention Getter" but its installation could be viewed as impairing the effectiveness of lighting equipment required by the Federal standard (Motor Vehicle Safety Standard No. 108), and prohibited by paragraph S4.1.3 of that standard. A stop lamp is required to be steady-burning in use, and not flash as does your device, and its intensity must not exceed the maximum limits imposed by SAE Standard J586c, which is incorporated by reference into Standard No. 108. The fact that "Attention Getter"s intensity goes from "normal intensity to extra bright" raises the possibility that the maxima may be exceeded.
If you have any questions regarding your further responsibilities under the National Traffic and Motor Vehicle Safety Act, I shall be happy to answer them.
Sincerely,
Erika Z. Jones Chief Counsel
Subject: Advertisement for "Attention Getter" Date: Mar 14 1986 Motorcycle Taillight Flasher From: George L. Reagie Associate Administrator, TSP
To: Erica Z. Jones Chief Counsel, NHTSA
The attached advertisement was sent to us by Mr. Niel Tolhurst, Assistant Manager of Motorcycle Safety and Recreation for American Honda Motor Company. Mr. Tolhurst questioned the reference to "Approved by the NHTSA" in relationship to the "Attention Getter" motorcycle tail light flasher.
Since NHTSA does not approve or endorse products, I wanted to bring the advertisement to your attention so that appropriate action might be taken with the manufacturer of the product to correct the erroneous information.
Attachment
October 31, 1985
Administrator
National Highway Traffic Safety Administrator U. S. Department of Transportation 400 Seventh Street SW Washington, D.C. 20590
Dear Sir:
Enclosed is a sketch of a proposed motorcycle rear turn signal lamp positioning for some models of motorcycles. Reference is made to part 571.108, Title 49 of the CFR.
Table IV of the above cited reference specifies a minimum 9 inch horizontal separation distance. As indicated by dimension "A" this distance is 12 inches. This table also specifies that minimum edge to edge separation distance between lamp and tail or stop lamp is 4 inches. Dimension "B" indicated as 5.00 inches satisfies this requirement.
Your timely confirmation that our interpretation of this standard is correct will allow us to initiate tooling orders for 1987 model vehicles.
I will be happy to answer any questions you may have concerning the attached sketch and provide any additional information required. I may be reached at
Please receive this information as "Confidential business information" as described in 5 U.S.C. 552(6)(4). The release of details from the correspondence may provide vehicle styling information that could benefit our competitors.
Sincerely,
rn Enc.