Interpretation ID: nht75-2.45

DATE: 06/06/75

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

TO: State of Vermont

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of April 17, 1975, to this agency asking questions about paragraph S4.6(b) of Motor Vehicle Safety Standard No. 108, relating to headlamp flashers. Your reference to S4.5.8(b) is out-dated by approximately three years and I am enclosing a copy of Standard No. 108 as it now exists.

You asked the reason for the section in question, which provides that "All other lamps shall be steady-burning, except that means may be provided to flash headlamps and side marker lamps for signaling purposes." You also asked whether all motor vehicles, including motorcycles, are "authorized" by this section to use flashing headlamps, and finally whether the standard prohibits States from promulgating regulations to control flashing headlamps.

S4.6(b) was not intended as a regulation of this aspect of motor vehicle performance, in the sense that it would preempt all State regulation of the sale or use of headlamp flashers. It is basically merely an exception to the requirement of Standard 108 that all lamps (other than turn signals, hazard warning signals, and school bus warning signals) be steady-burning. The section, in other words, was included to make it clear that automatic headlamp flashers are not prohibited by the Federal standard. With reference to your questions, this is the only way in which they are "authorized" by Standard 108.

We have concluded, therefore, that State regulation of headlamp flashers is not preempted by the Federal standard.

SINCERELY,

STATE OF VERMONT

DEPARTMENT OF MOTOR VEHICLES

April 17, 1975

National Highway Traffic Safety Administration

Request is hereby submitted for official interpretation of Federal Safety Standard 108-S4.5.8(b) as follows:

Reason for authorization of standard S 4.5.8 (b).

Are all motor vehicles, including motorcycles, authorized to use flashing headlamp(s)?

Does this Federal Standard prohibit states from promulgating regulations governing control of flashing headlamps.

Thanking you in advance for your prompt reply, I remain

Ernest D. Mathews Chief, Field Services