Interpretation ID: 22734.ztv.wpd
Ms. Jacqueline Frohman
Chief Financial Officer
Astron Group, Inc.
P.O. Box 163126
Austin, TX 78716
Dear Ms. Frohman:
This is in reply to your letter of February 16,2001, to Taylor Vinson of this Office, asking whether your "AstronLaser" device would "be deemed permissible in the United States."
This device is intended to serve essentially as a rear fog lamp, "and can be adapted to both new vehicles as well as existing ones." The device is connected directly into the vehicle's electrical system "through the existing rear fog light or taillight wiring." The product literature that you enclosed shows that the laser projector is installed at the rear of a vehicle "and is calibrated at an angle where the light beam hits the ground at 220 feet or 70 meters." The device is "mounted in a housing that can be installed on a vehicle's rear window, rear license plate, or truck rear fender," as well as being mounted under the chassis of a truck or trailer.
Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment, establishes the lighting requirements that manufacturers of motor vehicles and motor vehicle equipment must meet. We have no requirements for fog lamps at this time. Under Standard No. 108, supplementary lighting equipment such as a rear fog lamp is permissible, provided that it does not impair the effectiveness of lighting equipment required by Standard No. 108. After reviewing your device, we do not believe that it would have an impairing effect upon stop lamps, taillamps, or rear turn signal lamps, provided that the connection through the taillamp wiring has no effect upon the performance of the taillamps. We are unable to judge the effect of AstonLaser upon the required license plate lamp were it to be mounted on the rear license plate. Otherwise, it appears permissible under Federal law for a manufacturer or dealer to equip a vehicle with the device prior to the vehicle's first sale.
Subject to the same cautions noted above, we also conclude that the device may be installed as aftermarket equipment on a vehicle in use without violating the statute that prohibits modifications to a vehicle that affect its original compliance with all applicable Federal motor vehicle safety standards, including Standard No. 108 (49 U.S.C. 30122).
We have consulted with the Federal Motor Carrier Safety Administration, which also confirms that use of the device is not prohibited on the trucks and trailers that are subject to its regulations.
However, our opinion that the device is permissible under Federal law does not supersede the right of any State to allow, prohibit, or establish its own requirements for a rear fog lamp. Indeed, you may find that many States prohibit such a device, and you should consult them for advice. We are unable to advise you further on State laws.
In closing, I want to express our concern about mounting the device on the rear window of passenger cars or in any other location where the lamp might be visible to occupants of other vehicles. It appears to be possible that, at some point, the downward projecting beam could shine in the eyes of the driver of an approaching vehicle, thus creating glare. Perhaps more importantly, your literature states that "momentary viewing is not considered hazardous." This statement implies that more than momentary viewing of the laser beam may be hazardous. For these reasons, we recommend that you evaluate the feasibility of relocating the device below the eye level of drivers approaching from the rear, as well as conduct whatever analysis may be necessary to ensure that your device does not create a hazard.
Because your device is intended as motor vehicle equipment, it is subject to the notification and remedy requirements of 49 U.S.C. 30118-30120 in the event that either NHTSA or the device's manufacturer determines that it incorporates a safety related defect.
If you have further questions, you may call Mr. Vinson (202-366-5263).
Sincerely,
John Womack
Acting Chief Counsel
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d.4/11/01