Interpretation ID: nht73-1.28

DATE: 04/18/73

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: ADC Marketing, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of March 29, 1973, to Mr. Schneider asking for a clarification that the Front brake Light Adapter you describe "does not fall within the provisions of Motor Vehicle Safety Standard No. 108." The adapter, as we understand it, connects the stop lamps with the front turn signal lamps so that when the brakes are applied, the front turn signal lamps are activated in a steady-burning state, indicating that the vehicle is decelerating or has come to a halt.

In our opinion, use of the adapter as original equipment on a vehicle might be precluded by paragraph S4.1.3 of Standard No. 108 prohibiting devices that impair the effectiveness of the equipment required by the standard. The front turn signal lamp is a lamp that flashes in operation to indicate to oncoming drivers, or pedestrians, that the vehicle is preparing to turn, or that a potential hazard exists ahead (when the system is activated as a hazard warning system). Accordingly, when the brake pedal is applied, if the adapter overrides the flashing effect of the front signal lamps it would impair their effectiveness, and be prohibited by Standard No. 108.

The adapter would be permissable as original equipment, however, provided that the signals still flash when the brakes are applied, but a State would not be preempted from regulating it. Nothing in the standard precludes aftermarket sale of the adapter, but its use also would be subject to regulation by the individual States.

Yours truly,

March 29, 1973

U. S. Department of Transportation National Highway Safety Administration

Attention: Lawrence R. Schneider, Chief Counsel

Subject: Regulation Motor Vehicle Safety Standard No. 108 --

Front Brake Light Adapter

Gentlemen:

Pursuant to a meeting today with Mr. Lem Owen of the Lighting and Visibility Division and the suggestion that we place in writing our request for an official ruling that the Front Brake Light Adapter submitted does not come within or violate the provisions of Motor Vehicle Safety Standard No. 108. We have submitted samples and discussed the background of the Front Brake Light Adapter presently being marketed by ADC Marketing, Inc. with the Lighting and Visibility Division, and it has been verbally stated that in their opinion this does not apply to Regulation No. 108.

We believe that we have satisfactorily shown to your Lighting and Visibility Division that there is a definite safety factor involved and that the Adapter does not impair or change, in any manner whatsoever, the present function of the lighting system of any automobile and, therefore, does not violate any of the provisions in Regulation No. 108.

Recently we submitted Form 1171, Docket No. R3-73-163, an Application for Presenting New or Improved Articles, to the General Service Administration, Federal Supply Service requesting a Schedule Contract on the item. At this instance Standardization Division of GHA questioned whether this might come within the provision of Motor Vehicle Safety Standard No. 108 and while the verbal opinion given us in todays meeting would suffice for our own information, we feel that a written ruling should be made.

This Front Brake Light Adapter was first submitted to your Division in 1970 and correspondence continued into 1971. At that time U.S. Senator E.S. Muskie referred Mr. Clarence C. Turner's inquiry to your Division with the request that this item be included in Motor vehicle requirements. We are not pressing in this request for such a consideration, however, we do need to have clarified that this Front Brake Light Adapter does not fall within the provisions of Motor Vehicle Safety Standard No. 108.

Very truly yours,

ADC MARKETING, INC.

LOUIS A. SISLER,

General Counsel

cc: Lloyd E. Singleton

Samuel P. Haines