Interpretation ID: nht93-8.6

DATE: November 10, 1993

FROM: Cheryl Graham -- District Manager, Northeast Region, ARI

TO: Chief Counsel's Office -- NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 2/7/94 from John Womack to Cheryl Graham (A42; VSA Sec. 108(a))

TEXT:

I have spoken to several representatives of the Department of Transportation who were extremely helpful in providing me with information on brake light regulations, however, they suggested I write to you for a final determination on this subject.

Background: I work for a fleet leasing company and a client of mine, with a substantial fleet of cars across the country, wishes to install additional brake lights with the hopes of reducing rear-end collisions. The intent is to install an additional light at each side of the rear window. These lights would be the same color as the other brake lights and would illuminate simultaneously. The vehicle manufacturers do not offer this as an option and the work would be performed by an after-market installer, not yet determined.

When I initially investigated this request, I obtained copies of Federal Registers Volume 48, No. 202 and Volume 49, No. 97 as well as excerpts from the NHTSA Manual, Part 571.108. On page 236, S5.4(a) states that "No high-mounted stop lamp shall be combined with any other lamp or reflective device, other than with a cargo lamp." There were also several paragraphs referring to the positioning of high-mount stop lamps.

My interpretation was that additional stop lights were not permitted. However, subsequent conversations with the Office of Rulemaking for NHTSA have led me to believe that they are permitted. Therefore, my letter to you.

I would appreciate it if you could respond to me in writing as to whether my client can have the additional lights installed. Also, if the work is done improperly and results in an accident, where does the liability lie? As a leasing company, we are the registered owners of the vehicle but would have no direct control over the after-market installation. Insurance coverage is the responsibility of the lessee.

Your assistance in this matter is greatly appreciated. If you need to contact me by phone, please feel free to do so at 609-778-1500.