Interpretation ID: nht72-6.23

DATE: 11/14/72

FROM: AUTHOR UNAVAILABLE; D. W. Toms; NHTSA

TO: National Committee on Uniform Traffic Laws and Ordinances

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of October 4, 1972, asking among other things, whether the National Traffic and Motor Vehicle Safety Act preempts the recent California law requiring motorcycles made on or after January 1, 1972, to be wired so that their headlamps are lit whenever the engines are running. In light of the answer to this question, it is not necessary to deal with the other ones.

It is the opinion of this agency that the California law in question is presented in accordance with section 103(d) of the Act, 15 U.S.C. 1392(d), and is therefore void. Standard No. 108. 49 CFR @ 571.108, establishes requirements for motorcycle headlighting, along with special wiring requirements for motorcycles and other vehicles. It is our position, therefore, that the California requirement is within the scope of the aspects of performance covered by Standard No. 108. Since it is not identical to a federal requirement, it is rendered void by operation of the Act.