Interpretation ID: aiam4331
Technical Manager
MMC Services Inc.
3000 Town Center
Suite 1960
Southfield
MI 48075;
Dear Mr. Takechi: This is in reply to your letter of April 24, 1987, with reference t the legality of a proposed concealed headlamp design.; As we understand the proposed design, the headlamp could be used in th 'concealed' position as a forward warning (which you believe 'is similar to the daytime running light principle' and 'is useful to avoid accidents') and in the unconcealed position as a headlamp to provide visibility of the roadway ahead. A portion of the vehicle body in front of the concealed headlamp would be clear, allowing the beam from the concealed lamp to shine through it. The steady burning forward warning signal would be given by pulling a spring-loaded switch. Releasing the switch would turn off the headlamp. Thus, the concealed headlamp would not, as a practical matter, be used for providing visibility of the roadway ahead but as an alternative to the vehicle's audible warning device, the horn. The proposed use would be a visual 'horn.' Finally, you state that the beam pattern and intensity of the lamp 'is corresponding to the headlamp's,' although you do not explain how this is possible, given the potential for interference from the vehicle's body.; Standard No.108 prohibits covers or other styling features in front o a required headlamp when it is being used for purposes such as illuminating the roadway ahead or increasing the visibility of the vehicle in conditions of reduced visibility. We do not consider this prohibition applicable when a headlamp is being used, in all likelihood momentarily, for forward signalling as described. Further, use in this manner would not appear to impair the lighting equipment required by the standard. Additionally, headlamps may be wired to flash for signalling purposes, as you have proposed, however, we are unable to advise you whether operation of this device is acceptable under the laws of the individual States. Your letter does not indicate whether the beam utilized is the upper beam or the lower beam, some jurisdictions such as the District of Columbia and Virginia prohibit use of the upper beam for signaling purposes. Others may restrict use of headlamps or a portion of them during daylight hours, we expect to learn more about this in comments to the docket on the daytime running lamp proposal. In the meantime, I would advise you to write the American Association of Motor Vehicle Administrators, 1201 connecticut Avenue, NW, Washington, DC 20036, for its views on State laws.; You have stated that this use 'is similar to the daytime running ligh principle.' However, as proposed by the Government of Canada, and by the U.S. Government in the Federal Register (52 FR 9316) such 'DRLs' would be automatically energized, and not energized at the driver's choice as is your device. Therefore, we do not view the operation of your device as similar to the daytime running light principle.; Sincerely, Erika Z. Jones, Chief Counsel