Interpretation ID: aiam4630
NJ 07470;
"Dear Mr. Crisci: This is in reply to your letter of June 28, l989, t the former Chief Counsel of this agency, Erika Jones. You intend to install a 'safety light flasher' on your motorcycle, and would like to know whether it would conflict with DOT regulations. The Federal motor vehicle safety standards do not apply to vehicles in use, such as your motorcycle. Further, the National Traffic and Motor Vehicle Safety Act does not prohibit you, as the motorcycle's owner, from personally modifying your vehicle as you see fit, even if doing so adversely affects equipment or safety features installed pursuant to a Federal safety standard. (The Act does prohibit motor vehicle manufacturers, distributors, dealers and repair businesses from making such modifications if they render inoperative, wholly or partially, equipment or safety features installed in accordance with a Federal safety standard). However, modifications by an owner to his or her vehicle are subject to regulation under State and local laws applicable to vehicles in use on their roadways. We are unable to advise you whether New Jersey law specifically covers the addition of the safety light flasher. However, under the Vehicle Safety Act, any laws enacted by a state regarding motor vehicle lighting must be identical to Federal standards covering the same aspects of vehicle lighting performance. The applicable Federal regulation, as you realize, is Motor Vehicle Safety Standard No. l08, a copy of which is enclosed as you requested. As you describe the operation of the flasher, if the headlamp is on (in either beam), the flasher will flash the headlamp between upper and lower beams for 2 to 4 seconds, then returns the light to the beam it was in when the flasher was activated. If the headlamp is off, the flasher will turn it on and initiate an identical flash cycle. The sequence is initiated by pushing the horn button. Standard No. 108 would appear to preclude the installation of your device on new motorcycle, i.e., prior to its first sale to a consumer, or on a used motorcycle, if installed by one of the four entities listed above in the second paragraph. Although paragraph S5.5.10(c) of the standard provides that 'headlamps and side marker lamps may be wired to flash for signalling purposes', that section does not apply to motorcycles since they are not equipped with side marker lamps. The applicable provision for motorcycles is paragraph S5.5.10(d). This states that ' a motorcycle headlamp may be wired to allow either its upper beam or its lower beam, but not both, to modulate from a higher intensity to a lower intensity'. Your system, on the other hand, flashes between beams, which is not permissible. Moreover, motorcycle headlamp modulating systems must also comply with the requirements of paragraph S5.6, and there is no indication that your system would do so. Thus, the answer to your question is that your system would conflict with the Federal regulation applicable to motorcycle lighting if installed under the circumstances described in the preceding paragraph. However, there is nothing under Federal law that prohibits you personally from installing the device on your motorcycle. Sincerely, Stephen P. Wood Acting Chief Counsel Enclosures";