Interpretation ID: nht75-6.22

DATE: 08/19/75 EST

FROM: RICHARD B. DYSON -- NHTSA ASSISTANT CHIEF COUNSEL

TO: BYRON CRAMPTON -- BODY AND EQUIPMENT ASSOCIATION INC

COPYEE: MARTIN; ROGERS; OYLES; P.W MAURER

TITLE: N40-30

ATTACHMT: LETTER DATED 03/21/75 FROM BYRON CRAMPTON TO NHTSA

TEXT: Dear Mr. Crampton:

This is in response to your letter of March 21, 1975 inquiring whether a State may require a motor vehicle to be equipped with lights not required under Federal Motor Vehicle Safety Standard No. 108.

In your phone conversation of March 28 with Mr. Robert Donin of this office you indicated that the vehicle in question was an ambulance outfitted with a raised roof designed to enable medical personnel to stand inside. The raised top increases the height of the vehicle to 9 feet. You stated that although you could not identify the specific State statute involved, it was your understanding that Virginia requires clearance lights near the top of all vehicles over 7 feet in height. The law to which you apparently were referring is Virginia Motor Vehicle Code@46.1-265. A copy is enclosed. It states in part:

(a) All motor vehicles, trailers or semitrailers exceeding seven feet in height or in width or the widest portion of which extends four inches beyond the front fender extremes shall be equipped with lamps mounted at the extreme right- and left-hand front top corners of such vehicle, each of which lamps shall be capable of projecting an amber light visible in clear weather for a distance of at least five hundred feet to the front of such vehicle, and shall be equipped with lamps mounted at the extreme right-and left-hand rear top corners of such vehicle, each of which lights shall be capable of projecting a red light visible in clear weather for a distance of at least five hundred feet to the rear of such vehicle; ***

(b) In addition to the lamps required herein, each such vehicle shall be equipped with amber reflectors located on the side thereof, at or near the front. Red reflectors shall be used on the rear of each such vehicle. Such reflectors shall be securely fastened to the vehicle not less than twenty-four inches and not more than sixty inches from the ground, provided that in the case of a vehicle which is less than twenty-four inches in height such reflectors shall be securely fastened thereto at the highest point the structure of the vehicle will permit. The reflectors required therein shall be of a type that have been approved by the Superintendent. ***

It is important to note that the Virginia Motor Vehicle Code also provides in$46.1-267: ***

No motor vehicle shall be operated on any highway which is equipped with any lighting device other than lamps required or permitted in this article or required or approved by the Superintendent or required by the Federal Department of Transportation.

As you may know, section 103(d) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1392(d) provides that no State or political subdivision of a State may promulgate or continue in effect safety standards applicable to an aspect of motor vehicle or motor vehicle equipment performance covered by a Federal motor vehicle safety standard, unless the standards are identical. By virtue of this provision, the Federal government is said to "preempt" the field of regulation with respect to any aspect of performance for which there is a Federal Motor Vehicle Safety Standard.

The key question, therefore, is whether Federal Standard No. 108 and Virginia Motor Vehicle Code @ 46.1-265 regulate the same "aspect of performance." If so, Virginia may not apply its requirement unless the Federal and Virginia requirements are identical. From a comparison of the two laws, it is evident that both address the same aspect of performance and that they are not identical:

* Both the Federal and Virginia laws apply to ambulances. An ambulance is a multipurpose passenger vehicle, under Federal Standard No. 108 and a "motor vehicle" under Virginia Code 46.1-265.

* Both laws require that the vehicle be equipped with lights at certain specified locations to facilitate recognition of its dimensions.

* The configuration and color of the lights required by the two laws differ.

Consequently Federal Standard No. 108 is preemptive, and to the extent that they differ from the Federal requirements the state clearance lamp and reflector requirements quoted are void. The language of Virginia Code @ 46.1-267, to the effect that lighting devices may conform to Virginia or Federal standards, is incorrect.

ENCLOSURE

Sincerely,