Interpretation ID: cernosek.ztv

Larry Cernosek, Chairman
Texas Towing & Storage Association
2104 Lyons Avenue
Houston, TX 77020

Dear Mr. Cernosek:

This is in reply to your letter of March 30, 2000, to Taylor Vinson of this Office.

You describe "a light bar that is factory mounted on every tow truck manufactured." The bar incorporates "additional stop and tail lamps which are the same color and no brighter than the required ones at the rear of the vehicle." You have asked whether "these lights are legal under Federal law."

Tow trucks, and all other motor vehicles, are required to be manufactured to conform to Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices and Associated Equipment. Standard No. 108 permits two types of supplemental lighting equipment. Under S5.1.3 of the standard, additional lighting equipment is permitted as long as it does not impair the effectiveness of the lighting equipment required by Standard No. 108. It need not meet any performance or location requirements.

The second type of lighting equipment is covered by S5.3.1.1. This paragraph of Standard No. 108 requires that lighting equipment be installed so that it meets the photometric and visibility specifications of the standard. But if other vehicle equipment, such as "mirrors, snow plows, wrecker booms back hoes, and winches," prevents the required lighting equipment from complying with these specifications, the vehicle manufacturer must add auxiliary equipment that meets the photometric and visibility specifications. Because S5.3.1.1. specifically refers to wrecker booms, we assume that the light bar has been installed to ensure compliance of the tow truck, with wrecker boom installed, with the stop lamp and taillamp requirements of Standard No. 108. Under these circumstances, the light bar lamps are "legal" under Federal law if the lamps in the light bar meet all requirements that apply to stop lamps and taillamps. We make no judgment as to whether the lamps do, in fact, meet these requirements, except to note that the light bar in one of the photos you enclosed appears to be mounted higher than 72 inches from the road surface, which is the maximum mounting height for taillamps allowed by Standard No. 108. Thus, a light bar installed by the manufacturer or dealer in new tow trucks, intended to fulfill the taillamp function mounted higher than 72 inches from the road surface, would not be "legal" under Federal law.

You also mention that "tow lights are also used on the rear of the vehicle being towed just as if you were towing a trailer." We are not sure whether you are also requesting an opinion as to whether these temporary lights are legal under Federal law. The laws that we administer govern the manufacture of vehicles and not their use. While a trailer must be manufactured with specified lighting equipment, there are no Federal requirements that apply to other vehicles under tow. The lighting requirements for the rear of vehicles being towed by a tow truck are established by the local laws of the place where the towing occurs.

If you have further questions, you may telephone Taylor Vinson at (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:108
d.5/9/00