Interpretation ID: nht94-3.21

TYPE: INTERPRETATION-NHTSA

DATE: June 6, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Robin Liu -- President, Introbusy

TITLE: None

ATTACHMT: Attached To Letter Dated 4/18/94 From Robin Liu To Stephen Wood

TEXT: Dear Mr. Liu:

This responds to your letter of April 18, 1994, with respect to a supplementary stop lamp that you intend to import into the United States. You have asked whether you "need to get any official approval or to apply any license to ensure that installing t his product in motor vehicle will not violate the regulation of Transportation Department."

There are no requirements of the Department of Transportation (DOT) that a supplementary stop lamp must meet. You do not have to receive DOT approval, or apply for a license.

The authority of this agency over installation of supplementary lighting equipment differs, according to whether the equipment is "original" (installed by the vehicle dealer or manufacturer before the vehicle's first sale) or "aftermarket" (installed aft er the vehicle's first sale).

We believe that you intend your lamp for sale in the aftermarket. If your lamp is installed by the owner of the vehicle itself, there are no Federal laws that must be considered. However, it is subject to the laws of the States in which the lamp is ope rated. We are unable to advise you on these laws and suggest that you write for an interpretation to: American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, VA 22203.

However, if your lamp is installed by someone other than a vehicle owner, specifically by a manufacturer, distributor, dealer or motor vehicle repair business, under Federal law (15 U.S.C. 1397(a)(2)(A)) the question must be asked whether your lamp will "render inoperative in whole or in part" the center stop lamp or other stop lamps which have been installed in accordance with a Federal regulation (49 CFR 571.108 Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices and Associated Equipment. Literally, these lamps will continue to operate; however, if their signal is not clearly perceived as

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stop signals, then, in our view, they have been rendered partially inoperative within the meaning of the statutory prohibition.

The supplementary stop lamp depicted in the photos you enclosed is mounted atop a vehicle's center highmounted stop lamp. It connects "+/- wire to manufacturer's braking light system." The one shown is in the shape of a snowman, but others are available as Santa Claus, pumpkins, sports figures, etc. The photo of your snowman stop lamp in operation indicates that an interior bulb shines through the exterior and, in this case, gives a distinctly white light in contrast to the red of the center lamp on t op of which it is mounted. Thus, we believe that when the snowman lamp operates simultaneously with the other stop lamps there could be momentary confusion on the part of a following driver, in other words, that the stop lamps will be rendered partially inoperative.

If your lamp is installed before the first sale of a vehicle (for example, by the vehicle dealer), under Standard No. 108 (S5.1.3) the question must be asked whether your lamp would impair the effectiveness of the center and other stop lamps. Because of the possibility of momentary confusion discussed above, we believe that your lamp could impair the effectiveness of the stop lamps which are required under Standard No. 108.

There is also the possibility that installation of the lamp could affect compliance of the vehicle with the interior field of view requirements (S5.1.1) of Motor Vehicle Safety Standard No. 111 Rearview Mirrors.

In summary, while there is no restriction upon your importation and sale of this device, we believe that its installation would raise problems of compliance with Federal laws.

Sincerely,