Interpretation ID: 20690.ztv

Mr. Darrell R. Young
Sr. Partner
Learn Technology!
8967 Estebury Circle
Colorado Springs, CO 80920

Dear Mr. Young:

This is in reply to your email of September 16, 1999, to Taylor Vinson of this Office with respect to strobe lighting on motorcycles. You "propose to enable the owners of motorcycles to install strobelights on their motorcycle that can be lit by pressing a button on the handlebar." The operator would use the light as needed to alert drivers of other vehicles to his or her presence.

Your research indicates that we would consider the use of the lights to be legal if they were installed by the owner of the vehicle and "the application does not deter or impact the original intent and use any of the required lighting already in place on the vehicle, i.e., headlights, brake lights, turn signals as it relates to Standard #108." You have asked for assistance in the interpretation in your request.

I enclose a letter of this Office, dated March 25, 1996, to Cybernet Services Incorp. which is relevant to your concern. You will see that a strobe light is impermissible as original vehicle equipment because it is not one of the lamps that Standard No. 108 permits to flash. When a strobe light is sold in the aftermarket, its installation by a manufacturer, distributor, dealer, or motor vehicle repair business is prohibited by 49 U.S.C. 30122 because the addition of a non-steady burning lamp creates a noncompliance with Standard No. 108. However, the statutory prohibition does not extend to the vehicle owner. Thus, while it is not quite correct to say that we would consider the use of the lights to be "legal" if they were installed by the owner of the vehicle, it is correct to say that installation of strobe lights by the vehicle owner does not violate Federal law. However, as the 1996 letter indicates, use of strobe lights is subject to local laws.

If you have any questions you may email Taylor Vinson again.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:108
d.10/26/99