Interpretation ID: nht75-2.43

DATE: 08/18/75

FROM: AUTHOR UNAVAILABLE; J. C. Schultz; NHTSA

TO: Ford Motor Company

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of June 10, 1975, asking whether Motor Vehicle Safety Standard No. 108 preempts Section 25950 of the California Vehicle Code with respect to Mercury Monarch taillamps.

Section 25950 requires in pertinent part that all lamps visible from the rear of a vehicle be red, "whether lighted or unlighted", except that taillamps may be white when unlighted. Standard No. 108 requires passenger car taillamps to be "red" (Table III), and "the taillamp indication" to be red (SAE Standard J585, Tail Lamps, June 1966, incorporated by reference into Standard No. 108). The taillamps on the Mercury Monarch are covered with amber lenses. Although the lamp meets the color and photometric requirements of Standard No. 108 when lighted, California is of the opinion that use of the amber lens is prohibited by Section 25950.

Section 103(d) of the National Traffic and Motor Vehicle Safety Act of 1966 prohibits a State from establishing or continuing in effect any motor vehicle safety standard applicable to the same aspect of performance of a vehicle or equipment item as a Federal standard which is not identical to it. We interpret Standard No. 108 as requiring only that the color of the taillamp "indication" be red. The method by which this is accomplished is left to the vehicle manufacturer. The indication could be provided by a combination of a white bulb and a red lens (the conventional taillamp), a red bulb and white lens (permitted by California) or, as in your case, a red bulb and an amber lens. Although the color of the taillamp lens is not directly specified by Standard No. 108, the performance of the lamp as an assembly is covered in detail by the standard, and we consider that the color aspects of taillamps are within the scope of these requirements. If the lamp assembly complies with the Federal standard, then a State may not prohibit its use. We therefore find that in this instance 49 CFR 571.108, Federal Motor Vehicle Safety Standard No. 108, renders void the requirement of Section 25950 of the California Vehicle Code that unlighted taillamps be colored red.

Sincerely,

Office of the General Counsel

Ford Motor Company

June 10, 1975

Richard B. Dyson, Esq. Assistant Chief Counsel National Highway Traffic Safety Administration Department of Transportation Re: 1975 Monarch Rear Taillamp Part No. (2) (A) (2) - IP2R(2)S(3)T75CT

We are writing to seek the express confirmation of the National Highway Traffic Safety Administration (NHTSA) of the preemptive effect of Federal Motor Vehicle Safety Standard 108, 49 CFR 571.108 ("Standard 108") on passenger car lighting, as was provided by NHTSA in Motorcycle Industry Council, Inc. v. Younger, No. Civ. S74-126 (D.C.E.D. Cal., Sept. 24, 1974).

This request is being made so that we may respond to the attached correspondence (Attachment I) from Mr. Warren M. Heath, Commander, California Highway Patrol, concerning compliance with Section 25950* of the California Vehicle Code by the 1975 Monarch rear taillamps. Mr. Heath's letters of April 8 and May 25 content that the amber lens applied over a red lens on one of the monarch taillamp compartments violates that provision of the California Vehicle Code Section 25950 which does not permit a taillamp to be amber when unlighted. On this basis, Mr. Heath has stated that similarly equipped 1976 model year Monarchs will not be eligible for registration in California. * Section 25950 provides in pertinent part: "(b) All lamps and reflectors visible from the rear of a vehicle shall be red, except that stop lamps, turn signal lamps and front side-marker lamps required by Section 25100 may show amber to the rear.

This section applies to the color of a lamp whether lighted or unlighted, and to any reflector exhibiting or reflecting perceptible light of 0.05 candlepower or more per foot - candle of incident illumination, except that taillamps, stop lamps and turn signal lamps visible to the rear may be white when unlighted."

We believe the provisions of Section 25950 are preempted by Standard 108, and that pursuant to Section 103(d) of the National Traffic and Motor Vehicle Safety Act (15 USC 1392 (d)), California is precluded from the enforcement of any nonidentical standard.

As the NHTSA has confirmed on several occasions, the Standard's lighting requirements are intended to be comprehensive and exclusive, and leave no room for differing state standards. The statement of the Administrator cited by the Court in the Motorcycle Industry Council judgement is particularly pertinent here where California seeks to enforce a differing standard for the precise function (i.e., taillamp color) covered by Standard 108. (Letter from James B. Gregory, Administrator NHTSA, to W. Pudinski, Commissioner, Dept. of Highway Patrol, dated Nov. 8, 1973, N40-30 (RBD).)

Compliance of the Monarch rear lamps with the requirements of Standard 108 has been confirmed by tests conducted at Ford. (Attachment II) Therefore, we seek an opinion on the issue of preemption with respect to the differing California requirements of Section 25950.

For your assistance, we are enclosing color photos of the Monarch and Monarch Ghia rear lamps which demonstrate their appearance when lighted and unlighted. (Attachment III) Photo #1 is of the Monarch rear lamp unlighted. Photo #2 shows the taillamp (3 exterior red compartments) lighted. Photos #3 and #4 are of the Monarch Ghia.

If you have any questions on this matter, please so inform me. I may be reached by telephone at (313) 337-6462. We hope to receive a response at your earliest convenience.

Nancy Kolodny Staff Attorney