Interpretation ID: aiam1694
Chief
Automotive Engineering Standards
State of New Jersey
Division of Motor Vehicles
25 South Montgomery Street
Trenton
NJ
08666;
Dear Mr. McLaine: This is in reply to your letter of November 13, 1974 expressing you opinion that the Front Brake Light Adapter causes 'front signal lamps [to] become stop lamps which do not meet Standard 108.' You ask for our concurrence in this interpretation.; In our view, the Adapter does not convert front signal lamps into sto lamps, even though their purpose is to indicate a vehicle stop. Since the vehicle on which the system is installed will be equipped with conventional red rear-mounted stop lamps, the Adapter is considered only as additional lighting equipment that may be installed unless it impairs the effectiveness of the required equipment. You have informed us that it does not override the flashing effect of the front signal lamps, and therefore, Standard No. 108 does not forbid its use as original equipment, or as replacement equipment for a similar system that has been original equipment on a motor vehicle. Its sale in the aftermarket and use as an accessory device, however, would be subject to New Jersey law.; You have also made the general comment that 'New Jersey laws requir all lamps or motor vehicles registered in New Jersey to meet the SAE Standards.' I am sure you are aware that under Section 103(d) of the National Traffic and Motor Vehicle Safety Act, Standard No. 108 preempts State laws on all aspects of performance that the standard covers. This means that if Standard No. 108 allows a deviation from a referenced SAE standard, or if the referenced SAE standard differs from the current SAE standard, the SAE-referenced requirements of Standard No. 108 preempt New Jersey's requirements, unless they are identical.; Yours truly, Richard B. Dyson, Acting Chief Counsel