Interpretation ID: 8746_59
1005 Drinnon Drive
Morristown, TN 37814
Dear Mr. Morrison:
We have received your letter of March 14, 1995 and its attached copy of a letter dated February 14. I am sorry to say that your earlier letter never reached us.
You asked whether the mounting height requirements for clearance and identification lamps (Table II of Motor Vehicle Safety Standard No. 108) have been amended to allow their mounting in locations other than "as high as practicable."
The requirements have not changed since you were at DOT. The primary requirement is that identification lamps are to be mounted "as close to the top of the vehicle as practicable", and that clearance lamps are mounted "to indicate the overall width of the vehicle . . . as near the top thereof as practicable." The determination of practicability is initially that of the manufacturer, to be made in its certification that the vehicle meets all applicable Federal motor vehicle safety standards. NHTSA will not question that determination unless it appears clearly erroneous.
However, when the rear identification lamps are mounted at the extreme height of the vehicle, paragraph S5.3.1.4 states that the rear clearance lamps need not be located as close as practicable to the top of the vehicle. Further, if it is necessary to indicate the overall width of the vehicle, or for protection from damage during normal operation of the vehicle, clearance lamps may be mounted at a location other than on the front and rear and need not be visible at 45 degrees inboard (paragraph S5.3.1.1.1).
Sincerely,
Philip R. Recht Chief Counsel ref:108 d:4/10/95