Interpretation ID: 17563.ztv

The Honorable Jon Christensen
House of Representatives
Washington, DC 20515-2702

Dear Mr. Christensen:

Thank you for your recent letter to the Department of Transportation on behalf of your constituent, Sam M. Person of Omaha.

Mr. Person first wrote you complaining of the use of parking lamps as daytime running lamps ("DRLs"). He stated that use of parking lamps while a vehicle is in motion violates Nebraska Statute 60.622. Mr. Person then wrote you stating that Federal Motor Vehicle Safety Standard No. 108 permits the use of turn signal lamps as DRLs, but that "on most vehicles the turn signal lamp and parking lamp are in the same housing and both display an amber lamp." He is unsure how a law enforcement officer can distinguish between the two. He has been informed that Standard No. 108 supersedes state laws.

States are permitted to enact and enforce their own motor vehicle safety standards. However, under 49 U.S.C. 30103(b)((1), a Federal motor vehicle safety standard will preempt any state standard covering the same aspect of performance as the Federal standard that is not identical to it. We see no conflict with Nebraska Statute 60.622. Although Standard No. 108 requires parking lamps as original equipment on passenger cars, it does not prescribe the conditions under which they are to be operated. In fact, the DRL requirements of Standard No. 108 specifically says that parking lamps may not be wired to operate as DRLs (paragraph S5.5.11(a)).

However, Standard No. 108 does permit turn signal lamps to be wired to operate as DRLs. As law enforcement officials become aware of this fact, they will be less likely to confuse a permissible turn signal DRL with a parking lamp that is not permitted to be used when a vehicle is in motion. We are not aware that use of amber turn signal lamps as DRLs has created confusion or a safety problem.

Sincerely,
John Womack
Acting Chief Counsel
ref:108
d.5/22/98