Interpretation ID: nht87-3.2

TYPE: INTERPRETATION-NHTSA

DATE: 09/25/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: William R. Pape, Jr.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. William R. Pape, Jr. 8152 Ladoga Drive Jacksonville, FL 32217

This is in reply to your letter of August 22, 1987, to Taylor Vinson of this office, enclosing a copy of your letter to George Walton of AAMVA. In that letter you have asked three questions with reference to the center highmounted stop lamp required by F ederal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment, to which you have that we reply.

Your first question is "May one word be introduced on the brake light?" Standard No. 108 prohibits combining the center highmounted stop lamp with any other lamp, or with any reflective device. It does not prohibit the addition of one or more words to th e lens. However, there are basic requirements that the lamp must meet, and the word or words must not prevent the lamp from meeting them. Specifically, the effective projected luminous area of the lens must not be less than 4 1/2 square inches, and the l amp must meet specified candela maxima at 13 discrete test points.

Your second area of interest is the color red. You have asked whether it is a Federal requirement for all brake lamps, whether other colors may be substituted, and whether the color red may be adjusted to a lighter hue. Standard No. 108 requires all stop lamps to be red in color. This color is defined in SAE Standard J578c Color Specification for Electric Signal Lighting Devices, February 1977, expressing chromaticity coordinates according to the CIE (1931) standard colorimetric system. Red is rather na rrowly defined, and falls within the y coordinates, 0.33 (yellow boundary) and 0.98 (purple boundary). Red is not acceptable if it is less saturated (paler), yellower, or bluer than the limit standards. Thus red could not be adjusted beyond the prescribe d limits. In our opinion, the "soft pink" or "hot pink" that you believe is desirable would be beyond those limits. No color other than red is permitted for stop lamps.

Your final area of interest is whether one should consider marketing a lamp with the features you have indicated, and whether there are"hidden directives which would restrict or prohibit such marketing." Under the assumption that your lamp would not com ply with the color requirements of Standard No. 108, we must advise you that a noncomplying lamp could not be sold as original equipment for passenger cars, or as a replacement for center high mounted stop lamps on passenger cars manufactured on or after Sep tember 1, 1985. Federal law would not prohibit its sale for use on vehicles other than these, but the lamp would be subject to the laws of any State in which it would be sold or used.

I hope that this answers your questions.

Sincerely,

Erika Z. Jones Chief Counsel

8152 Lodoga Drive Jacksonville, FL 32217

August 22, 1987

Mr. Taylor Vincent NHTSA 400 Seventh Street, SW Washington, DC 20590

Dear Mr. Vincent:

Enclosed is a copy of correspondence to Mr. George E. Walton, director, Safety Equipment Services, and a copy of his response, suggesting direct communication with you.

Any assistance you can give with questions 1, 2, and 3 will be greatly appreciated.

Most Gratefully Yours,

William R. Pape, Jr.

WRP:BJ

Encs.

August 14, 1987

Mr. William R. Pape, Jr. 8152 Ladoga Drive Jacksonville, FL 32217

Dear Mr. Pape:

Thank you for your letter of August 6, 1987 in which you have requested information regarding stop lamps on motor vehicles.

The standard for required lighting on motor vehicles is the Federal Motor Vehicle Safety Standard 108. This standard references a number of SAE (Society of Automotive Engineers) standards which to comply with the standard.

For equipment covered by a federal standard, the states are preempted from having any other standard and must, in fact, adopt the very same standard as the federal standard.

For equipment not covered by a federal standard, the states are at liberty individually to adopt any standard they decide to recognize.

The center high mounted stop lamp is a federally regulated lamp.

The FMVSS 108 references SAE J575 for tests and specifically SAE J578d for testing the color. The specific color is shown on the chromaticity diagrams in the standard.

Since your concern is about equipment which is federally regulated, I suggest that the federal agency that administrates the standard for this equipment be contacted directly as follows:

Mr. Taylor Vincent - NHTSA 400 Seventh Street SW Washington, DC 20590 (202) 366-2992

We hope the above information helps you.

Sincerely yours,

George E. Walton, Director Safety Equipment Services

8152 Ladoga Drive Jacksonville, FL 32217

August 6, 1987

Mr. George Walton AAMVA, Suite 910 1201 Connecticut Avenue, NW Washington, D.C. 20036

Dear Mr. Walton:

As a graduate of the Duke School of Engineering and a certified instructor of Lazanov Learning Method (also known as Superlearning), I am writing to you in the interests of public safety.

The third brake light is now mandatory for American motorized vehicles dating from 1986. I have purchased a brake light to be installed on my 1982 Granada station wagon and have considered a modification which I believe to be a decided improvement. Upon asking local automotive dealers about specific regulations, I was directed to The Book of States in the public library, which lists all safety agencies of the individual United States. To determine the precise regulations, nationally, I sent letters to t he individual state agencies, and the replies indicate that there is not a general regulation covering all states, and many agencies have recommended that I correspond directly to you.

The color red is presently used for all brake lights and for traffic signal lights to indicate "stop". I, personally, find the color red, when suddenly flashed on by a car in front of me in moving traffic, to be annoying and irritating. Psychological res earch has indicated that red induces a response of anger. Red is the color of a matador's cape which enrages a bull to charge into a matador's sword. Red is associated with "fire engine red" with a loud siren with a Pavlov's bell effect of emergency, a f light of fight response and a surge of adrenaline and jangled nerves. In other words, this red light, at eye level, in traffic, contributes to unnecessary and unwanted stress, which Americans are notorious for bringing on themselves in profusion.

Thus, it is desirable to consider what may be done for more calming effects. The Lazanov system for Learning and remembering uses words and phrases which have been tested and proven to have specific physical and key word, or sometimes called a "trigger" word for an immediate calming response is the word "peace." This causes an instantaneous effect of calming both mind and body. Also, by softening the hue of bright red to a "hot pink" or even a soft pink, the same conditioned color response to signal "stop" is retained, but with much less stress and unnecessary tension. It is t he conviction of this writer that these simple alterations will reduce accidents, prevent loss of life and limb, and aid drivers to reach their destinations without having their mental, emotional, and physical energies drained. Research shows that we do everything better when in a relaxed and comfortable state, including responding to emergencies. We think more clearly and with enhanced intuition. Fewer accidents will keep insurance rates down and thereby be beneficial to the overall economy.

The intent of the regulations in regard to brake lights is obviously for public safety, and it is clear that the suggestions cited here are intended to increase public safety. In regard to brake lights, I would like to ask you what one may do and what on e may not do.

1. May one word be introduced on the brake light? This is in no way subliminal persuasion or hypnosis. this should not be confusing when one considers that our vehicles are now adorned with make and dealer names, six letter and/or digit license tags, al l kinds of advertising frequently with seven digit telephone numbers, and bumper stickers and decals. The human brain is capable of millions of on and off switches per second, so one word on a brake light will not complicate matters.

2. Is the color red a requirement by law, nationally, for all brake lights? May other colors be substituted? And may the color red be adjusted to a lighter hue?

3. Should one consider marketing a brake light with the above mentioned enhanced safety features; are there any hidden directives which would restrict or prohibit such marketing?

Thank you very much for your time and consideration.

Most gratefully yours,

William R. Pape, Jr.

WRP:bj