Interpretation ID: 1982-1.2

TYPE: INTERPRETATION-NHTSA

DATE: 01/06/82

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Rogers Ferraro & Cody, P.C.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of December 2, 1981, to Dr. Robert L. Henderson of this agency asking for an opinion regarding the legality of a warning system devised by your client, David Stepkin.

Mr. Stepkin's system "flashes the rear brake lights continuously when either brake is applied on a motorcycle." With respect to Federal regulation of motorcycle lighting systems, I refer you to 49 CFR 571.108, Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices and Associated Equipment, a copy of which is enclosed. Paragraph S4.6(b) in essence requires that brake lamps (or stop lamps as we call them) be steady burning. This requirement would appear to preclude use of your system.

In addition, the substitution of a flashing signal for the steady one to which the public is accustomed might create confusion, thereby impairing the effectiveness of the stop lamp. You will note also that paragraph S4.1.3 prohibits the installation of motor vehicle equipment that impairs effectiveness of required lighting equipment.

ENC.

ROGERS FERRARO & CODY, P. C.

December 2, 1981

Dr. Robert L. Henderson c/o NHTSA Driver and Pedestrian Research Department of Transportation

Re: Motorcycle-Pulsating and/or Modulating Rear Lights

Dear Dr. Henderson:

I am an attorney who practices in the State of New York and I represent the interests of one, David Stepkin. Mr. Stepkin has devised a warning system which basically flashes the rear brake lights continuously when either brake is applied on a motorcycle. Of course, the purpose of the item is to create rear visability and therefore to prevent the driver of another vehicle travelling behind a motorcycle, from striking the motorcycle due to poor visability.

I am sure you are aware of the fact that motorcyclists are one of the highest prospective candidates for injuries on our roads. Mr. Stepkin, and I as his attorney, feel that this particular item would certainly help to reduce that statistic.

The item in question is a small unit which is attached by splicing the wire between the brake light switch and the rear brake light. The unit is then attached and is ready for operation. Mr. Stepkin, of course, considered attaching the unit to the rear of the bike but has found that this approach is impractical since many bikes will not accommodate an additional auxilliary light. Experience has shown that this is the most effective and practical method. It also, of course, saves energy because no additional lights are needed.

It has come to our attention that there may be certain restrictions in the use of these particular lights. However, we feel that this particular mechanism should not be in conflict with any such regulations because the filament of the bulb is always on.

I am not aware of any specific regulation outlawing such items on the Federal level and certainly, we have been able to ascertain that no such regulation outlawing such lights exists on the State level.

Therefore, I would appreciate it if you would take the time to drop us a short letter advising us whether any regulations concerning this particular item exist and, if you have a copy of those regulations, we would appreicate receiving same. If you feel that the matter should be handled by another department, please advise and we will forward it promptly.

I wish to thank you in advance for your time and courtesy in this matter.

THOMAS J. CODY