Interpretation ID: nht73-1.32

DATE: 07/20/73

FROM: AUTHOR UNAVAILABLE; L. R. Schneider for J. E. Wilson; NHTSA

TO: Oregon Traffic Safety Commission

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for the copy of Oregon House Bill 2721 that you enclosed in your letter of June 25, 1973. We have reviewed it carefully, and have concluded that virtually all of Section 2 is preempted by 15 U.S.C. 1392(d) (copy enclosed).

As you may know, this section of the National Traffic and Motor Vehicle Safety Act prohibits a State from having a safety standard applicable to the same aspect of performance as a Federal safety standard unless it is identical to the Federal standard. In this instance, the relevant Federal standard is 49 CFR @ 511.108 Standard No. 108, Lamps, reflective devices, and associated equipment.

Section 2 of HB 2721 requires motor vehicles manufactured after October 1, 1975, to be equipped with a green-yellow-red rear mounted lighting system. The NHTSA considers Standard No. 108 to include within its scope all lighting equipment required to be used on the rear of motor vehicles to which it applies. Any State requirements that have the effect of regulating such equipment must therefore be identical to the relevant provision of Standard No. 108. Section 2 of HB 2721 is not identical to the Federal standard relating to that aspect of performance, and must therefore be considered as invalidated as that category of vehicle is expressly excluded from Standard No. 108. Portions of Section 3 (ORS 483.412(3)(a) and (b)) are invalidated for the same reason. The remainder of Section 3 and Section 4 does not conflict with the relevant provisions of Standard No. 108.

The guiding principle that we have applied to this situation is that the State requirements that regulate the design of motor vehicles must be identical to the Federal standards. It was clearly the intent of Congress to provide for uniformity of regulation of the manufacturer in areas where the Federal agency has acted, and they did so by the identity requirements of section 1392(d).

Sincerely,

Enclosures

OREGON TRAFFIC SAFETY COMMISSION

June 25, 1973

James E. Wilson -- Associate Administrator for Traffic Safety Programs, U.S. Department of Transportation, National Highway Traffic Safety Administration

Dear Mr. Wilson:

The Oregon Legislature passed H.B. 2721 which allows a green, yellow and red taillight system.

A copy is attached for your information.

Sincerely,

Gil W. Bellamy

[Enclosure Omitted.]