Interpretation ID: lieberman.ztv

Edward Lieberman, P.E.
President
KLD Associates, Inc.
300 Broadway
Huntington Station, NY 11746

Dear Mr. Lieberman:

This is in reply to your letter of February 11, 2003, containing a proposal to conduct a field evaluation of a supplementary motor vehicle lighting system. This system is called the "Sunlight Safety System" and was developed by Harold Caine. You have requested "a variance of FMVSS 108."

The National Highway Traffic Safety Administration (NHTSA) has authority to exempt a vehicle only from complying with one or more of the Federal motor vehicle safety standards at the time it is manufactured. When a vehicle has been sold and is in use on the public roads, it becomes subject to applicable State laws, and, if it is a commercial vehicle used in interstate commerce, the regulations of the Federal Motor Carrier Safety Administration. You should consult these authorities to determine whether use of this supplemental lighting system is legal on state and interstate highways.

NHTSA has had occasion over the years to comment on Mr. Caines lighting systems. I enclose a copy of our letter of November 16, 1999, to Mr. Terry Wagar of the Department of Motor Vehicles, State of New York, which represents the agencys most recent views on the subject.

If you have any questions, you may call Taylor Vinson of this Office (202-366-5263).

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosure

cc: FMCSA
ref:108
d.5/27/03