Interpretation ID: nht93-6.5

DATE: August 9, 1993

FROM: Donald W. Vierimaa -- Vice President-Engineering, Truck Trailer Manufacturers Association

TO: John Womack -- Acting Chief Counsel, NHTSA

COPYEE: TTMA Engineering Committee

TITLE: Preemption of State Additional Lighting Requirements

ATTACHMT: Attached to letter dated 6/1/94 from John Womack to Donald W. Vierimaa (VSA S103(a)), letter dated 5/12/94 from Donald W. Vierimaa to Billy Mohr, and letter dated 5/16/89 from Billy Mohr to Donald W. Vierimaa

TEXT:

The State of Michigan in their letter of May 16, 1989 (enclosed) requires that:

(8) A truck tractor and semitrailer combination with a semitrailer length longer than 50 feet shall not be operated on the highways of this state at the times specified in section 684 unless equipped with all of the following lamps and reflectors, in addition to any other lamps and reflectors required under this act:

(c) Two clearance lamps, 1 on each side of the semitrailer, located at 1/2 the distance from the front to the rear and as near to the top of the semitrailer as practicable.

In our letter of May 12, 1989 we advised Lt. Mohr that "it would appear that your requirement is invalid as FMVSS 108 preempts State regulations which substantially differ" from it. Lt. Mohr responded in his May 16, 1989 letter that "the lamp is not a marker lamp" per the NHTSA letter of December 10, 1974 to the California Highway Patrol.

It is our opinion that paragraph (8)(c) of Section 719 of the Michigan Motor Vehicle Code is not enforceable as it is preempted by Subsection (d) of Section 103 of the National Traffic and Motor Safety Vehicle Safety Act of 1966 which states that:

"Whenever a Federal Motor Vehicle Safety Standard established under this title is in effect, no State of political subdivision of a State shall have any authority either to establish, or continue in effect with respect to any motor vehicle or item of motor vehicle equipment, any safety standard applicable to the same aspect of performance of such vehicle or items of equipment which is not identical to the Federal standard."

Our opinion appears to be supported by NHTSA interpretations issued December 29, 1971, January 30, 1973, December 10, 1974, April 22, 1975, and December 10, 1984 (enclosed).

Please advise us as to whether Michigan may enforce their requirement for two "clearance" lamps located 1/2 the distance from the front to the rear of a semitrailer and located as near to the top of the semitrailer as practicable.