Interpretation ID: 9638
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Dear [ ]:
This responds to your letter of December 29, 1993, asking for an interpretation of Motor Vehicle Safety Standard No. 108 as it applies to your lighting device. You have requested confidential treatment of the matter but, in a telephone conversation of March 16, 1994, with Taylor Vinson of this office, you agreed to our practice in these matters to delete from the publicly available copy of this letter all information that would identify you, while disclosing the information necessary to render you an opinion.
You plan to create "signs, logos, emblems, accents, etc." which will be constructed of "sheet metal cut-outs of logos/company names," which "would be applied to large trucks and trailers". The color of the LEDs would "correspond to the safety color assigned to the panel of attachment (rear/red, side/amber-yellow)". You note that LEDs provide a low level of illumination, for example, "100 LEDs would produce only 15 candelas of light." You believe the ideal height is 2 feet to 3 feet. You have asked for an interpretation that this would not be prohibited under S5.1.3 of Standard No. 108.
Paragraph S5.1.3 allows the installation on a new motor vehicle (i.e., one that has not been delivered to its first purchaser for purposes other than resale) of motor vehicle equipment provided that it does not impair the effectiveness of the lighting equipment required by Standard No. 108. For trailers or trucks whose overall width is 80 inches or more, the required side lighting equipment consists of amber and red side marker lamps; trailers of this width are also required to have conspicuity striping of red/white segments (which is not required for narrower trailers) applied near the lower horizontal edge. We interpret impairment as something that interferes with the function of the required equipment. The function of marker lamps and conspicuity taping is to alert drivers of other vehicles to the presence of a large vehicle in the roadway. We believe your device would not detract from this function since it also serves to call attention to the presence of a large vehicle.
When equipment of this nature is not prohibited under Federal law, its permissibility must be determined under the laws of the States where the vehicle is operated. We are unable to advise you on State laws, and suggest that you consult for an opinion the American Association of Motor Vehicle Administrators,
Sincerely,
John Womack Acting Chief Counsel ref:108 d:4/20/94