Interpretation ID: aiam3038
Viking Truck Corporation
Dodge Center
MN 55921;
Dear Mr. Brooks: This is in reply to your letter of June 6, 1979, asking whether a rea lamp configuration that you described would meet the location requirements of Federal Motor Vehicle Safety Standard No. 108.; Viking Truck would like to use a lighting module containing turn signa lamps, stop lamps, tail lamps, and back-up lamps mounted on its 'Bridgemaster' extendable axle. This 'axle' has the appearance of a small trailer and in either extended or unextended position covers about half of the rear of the concrete mixer truck to which it is attached. You stated that Viking has had problems connected with vibration and damageability when the lamps are placed on the tag axle fender, and that remounting them on the extendable axle would alleviate these problems.; Table II of Standard No. 108 requires that stop lamps, turn signa lamps, and tail lamps be mounted 'as far apart as practicable.' Because the National Traffic and Motor Vehicle Safety Act establishes a manufacturer self-certification scheme, the agency has traditionally deferred to a manufacturer's determination of what, in any given instance is 'practicable' except in such instances as appear to the agency to be a clear abuse of discretion. In our opinion, Viking has a reasonable basis for a determination that the location it wishes to use is practicable. In the absence of any investigation of the matter by NHTSA, or questioning of your practice, Viking's certification of compliance attached to the vehicle should ensure that the truck cannot be refused registration in any State simply because of the lighting configuration. This means, in our opinion and to answer your second question, Viking need not acquire State approval of the configuration before offering the truck for sale.; I hope this answers your questions. Sincerely, Frank Berndt, Chief Counsel