Interpretation ID: 18334.ztv

Mr. Ken Charof
FAX : 212-702-8838

Dear Mr. Charof:

This is in reply to your email of July 5, 1998, to the Department of Transportation.

You write that you want to manufacture "second brake lights" for motorcycles, and inform us that "these lights are not to replace original equipment brake lights. They're in addition to them." You ask "if these lights will need to be approved by the Dept. of Transportation."

The Department does not "approve" items of motor vehicle equipment, but is pleased to advise, as in this instance, of the relationship of the equipment to the applicable Federal motor vehicle safety standard. The standard that applies to motor vehicle lighting is Safety Standard No. 108 Lamps, Reflective Devices and Associated Equipment.

We call the product you wish to manufacture "supplemental stop lamps." Since they are not intended to replace original equipment stop lamps, there are no requirements of Standard No. 108 that apply to these lamps. However, if the supplemental stop lamps are intended as original equipment, the manufacturer of the motorcycle must ensure that these supplemental lamps do not impair the effectiveness of lighting equipment required by Standard No. 108 for motorcycles. As a general guideline, a judgment of impairment may be based upon the intensity of the supplementary lamp and its spacing in relation to other lamps.

Similarly, if you intend to sell these supplemental lamps in the aftermarket, Standard No. 108 does not apply to them. Aftermarket equipment is subject to the restriction that its installation by a manufacturer, dealer, distributor, or motor vehicle repair business must not make inoperative any device or element of design installed in accordance with a Federal motor vehicle safety standard. Generally, if the installation of the supplementary lamps would create an impairment, we would consider that their installation as aftermarket equipment would "make inoperative" the original equipment lamp that is being impaired.

Although we do not directly regulate supplementary lighting equipment, it is nevertheless "motor vehicle equipment" under the laws that we administer. Manufacturers of "motor vehicle equipment," such as you intend to be, are required to provide owners with notification and a cost-free remedy in the event that a safety related defect is determined to exist in their products.

The use of supplementary lighting equipment is subject to regulation by the individual states. I am sorry but we have no information on state laws on this subject, and we advise you to consult the department of motor vehicles in those states where you plan to sell the lamps.

If you have further questions, you may contact Taylor Vinson of this office, by email (Tvinson@NHTSA.DOT.GOV) or by phone (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:108
d.8/4/98