Interpretation ID: aiam4617
DC 20515;
"Dear Mr. Grandy: This is in reply to your recent letter to th Administrator Designate, Jerry Curry, on behalf of your constituent Daniel Weichmann, Jr., of Hampton. You enclosed a copy of Mr. Weichmann's letter to this agency with respect to headlamp covers which, regrettably, we have been remiss in answering. You asked that we review this matter and that you be provided a copy of our response. We are pleased to reply directly to you, with a copy to Mr. Weichmann so that he may be apprised immediately of our views. Mr. Weichmann was advised by the Iowa Department of Transportation on October 10, 1988, that 'The department specifically does not approve head lamp covers', because Iowa has adopted 'Federal standards on equipment approval'. Consequently, 'If the headlamp covers in question meet the Federal Standards they would qualify under Iowa law.' Thus, Mr. Weichmann asked us whether headlamp covers are approved by this agency. Headlamp covers are not permissible as items of original motor vehicle equipment. Paragraph S7.7.5 of Federal Motor Vehicle Safety Standard No. l08 Lamps, Reflective Devices, and Associated Equipment, in pertinent part, states that when headlamps are operated they 'shall not have any styling ornament or other feature, such as a translucent cover or grill, in front of the lens.' Although Standard No. l08 was only recently amended to state this prohibition expressly (I enclose a copy of the amended standard), the prohibition has existed since January l968 through the incorporation by reference in Standard No. l08 of an SAE headlamp Standard, J580b, which contained the identical language. The safety reason for the prohibition is the reduced effectiveness of a headlamp beam when it must pass through an extra layer of glazing, particularly if that glazing is tinted, yellowed, or cracked, or if moisture has condensed on the inside of the cover. Thus, headlamp covers are also implicitly prohibited by paragraph S5.1.3 of Standard No. l08 which forbids the installation of optional original equipment that impairs the effectiveness of lighting equipment, such as headlamps, that are required by Standard No. l08. The Iowa DOT's views are consistent with the provisions of the National Traffic and Motor Vehicle Safety Act which permit States to enact State motor vehicle safety standards applicable to new vehicles provided that they are identical to Federal ones covering the same aspect of performance. Although the Federal standards do not regulate operation of a vehicle after it is sold, and hence could not prohibit a vehicle owner in Iowa from installing headlamp covers and operating his vehicle with them, Iowa's enforcement of a headlamp cover prohibition for vehicles in use would be consistent with its prohibition of them as original vehicle equipment. However, we cannot interpret Iowa law, and reach no conclusion as to whether its statutes or regulations have that effect. Should either you or Mr. Weichmann have further questions, we shall be pleased to answer them. Sincerely, Jeffrey R. Miller Acting Administrator Enclosure cc: Daniel Weichmann, Jr. The Honorable Fred Grandy Mason City IA /";