Interpretation ID: 22525.ztv

Mr. Harold Holeman
C5 Creations
2 Renee Lane
Newark, DE 19711

Dear Mr. Holeman:

This is in reply to your email of December 26, 2000, asking for interpretations of Federal Motor Vehicle Safety Standard No. 108, "Lamps, Reflective Devices and Associated Equipment."

Your first question is whether "the standards as set forth in FMVSS 108 require that bumper bras or bumper masks have openings around the running lights, parking lights, turning signals, etc.?"

Standard No. 108 does not regulate bumper bras or masks per se. However, lighting equipment is required under Federal law to comply with all requirements of Standard No. 108 when accessory equipment such as bumper bras are installed by regulated persons, whether the equipment is installed as original equipment or aftermarket equipment. The one exception under Federal law is a bra or mask installed by the vehicle owner; if this creates a noncompliance with Standard No. 108, the owner is responsible under any applicable local laws rather than Federal law.

Your next question is "If the bra material is transparent and does not noticeably diminish the luminescence of the lights is the bra design within code without having cutouts for the lights?" Paragraph S7.8.5 prohibits "any styling ornament or other feature, such as a translucent cover or grille, in front of the lens" when the headlamps are activated. We view a transparent bra as an "other feature" and prohibited by Standard No. 108. Thus, a transparent bra could not be installed by a regulated person (i.e., manufacturer, distributor, dealer, or motor vehicle repair business) without violating Standard No. 108, but could be installed by the vehicle owner, provided that it does not violate local laws.

You then ask "Is there a test that should or can be performed to show that the intensity of the running lights is adequate even when covered by the bumper bra?" The photometric tests for each of the lamps covered by Standard No. 108 are essentially those of the Society of Automotive Engineers, which have been incorporated by reference in Standard No. 108. These are laboratory tests rather than tests conducted on the vehicle itself. They could be conducted with the transparent bra or mask material cut to fit the lens. Any diminution in light output must not result in photometric output falling below the minimum levels specified for test points in any individual standard.

Like you, we are not aware of any transparent bra or mask on the market. In general, we do not favor covering the lens of any lamp with other material. Dirt and grime may accumulate to the point that candela is reduced below the minimum specified in the standard. Further, it may not be easily removable by washing the cover.

Sincerely,

John Womack
Acting Chief Counsel

ref:108
d.4/19/01