Interpretation ID: aiam0523
Acting Commander
Regulation & Inspection Section
Department of California Highway Patrol
P. O. Box 898
Sacramento
CA
95804;
Dear Lieutenant O'Donnell: This is in reply to your letter of August 6, 1971, in which yo enclosed copies of drawings illustrating clearance and side marker lamps installed on several types of trucks and trailers in compliance with the requirements of the California Vehicle Code and asked for our advice as to whether there are any conflicts with the Federal requirements.; There are several such conflicts, and our comments follow: >>>1. *REQ BUL-3 SUPPLEMENT 1* (a) Page 2 - Standard No. 108 prescribes the general location o clearance lamps and side marker lamps without specifying tolerances. The first sentence of each of the paragraphs on clearance lamps and side marker lamps adequately reflect the Federal requirements. These general requirements of Standard No. 108 preempt the authority of a State to prescribe tolerances for alternate locations of the Lamps and subsequent sentences in these paragraphs which do so are improper.; (b) Page 3 - Figure 3, *Combination Clearance and Sidemarker Lamps* does not appear to properly illustrate the requirement that a clearance lamp be visible at an angle of 45 degrees to the right.; 2. *Truck tractors* (a) Statements appear frequently that front amber side marker lamps ar 'Not required on pre-1969 Tractors.' This is incorrect, front amber side marker lamps are required on any truck tractor 80 or more inches in overall width, manufactured on or after January 1, 1968.; (b) Various figures illustrate truck tractors with red rear clearanc and side marker lamps. It is unclear whether California requires truck tractors to be equipped with these lamps, or whether the figures illustrate acceptable mounting locations if a vehicle is so equipped. Standard No. 108 provides that truck tractors 'need not' be equipped with these lamps, therefore, California, under the preemption provisions of the Vehicle Safety Act, is not authorized to require them.; 3. *Clearance lamps* (a) The figures do not clearly illustrate whether the widest point o vehicles is the front fender or body (i.e. tank on tank trucks, flat bed on 'dromedary' trucks and flat bed trucks, van on van body trucks, body on utility trucks). If the body is the widest point of the vehicle, amber clearance lamps must be mounted there, but if the widest point is at the front fenders, the clearance lamps must be mounted at that location. No alternate locations are permissible, though shown in your figures, and in any event, cab-mounted clearance lamps are inappropriate whether single or combined with another lamp.; (b) The widest point of a horse trailer is the fender, and clearanc lamps must be mounted here, not on the body.; 4. *Logging dolly*. Logging dollies are 'pole trailers' for purposes o the Federal Motor vehicle safety standards and are specifically excluded from Standard No. 108. Therefore, we have no comments on California's requirements.; 5. *Boat trailers* (a) Clearance lamps are not required if the trailer is less than 8 inches wide.; (b) A combination clearance lamp (amber to front, red to rear) i permitted, if it is located atop the fender, as an alternative to separate amber and red clearance lamps.; (c) The required location of the front amber side marker lamp fo trailers (not shown on your figure) is 'as far to the front as practicable,' with a permissible location 'as far forward as practicable exclusive of the trailer tongue.'<<<; We are returning to you copies of the drawings you enclosed, marked t reflect our comments.; Sincerely, Lawrence R. Schneider, Chief Counsel