Interpretation ID: 23092.ztv

Mr. Bing Kam
6902 Midhurst
Memphis, TN 38119

Dear Mr. Kam:

This is in reply to your letter of May 7, 2001, "seeking approval of pending patent title 'Automatic Warning Signal System for Vehicles,'" as supplemented by your letter of June 28, 2001. We have no authority to approve or disapprove items of motor vehicle equipment such as your invention. We can, however, advise you as to the legality of your patented system under the laws that we administer.

Your automatic warning signal system (the System) is intended to reduce rear end collisions by providing an early warning signal to following drivers. According to the Abstract of your patent (US 6,225,918 BI, May 1, 2001), the System produces "a warning signal which includes activating the brake light or lights of the leading vehicle without the actual application of the brakes to caution the driver of the following vehicle."

Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment, and 49 U.S.C. 30122 are the Federal laws and regulations that are determinative of the legality of the System. A motor vehicle must be manufactured to comply with Standard No. 108. Paragraph S5.5.4 of Standard No. 108 requires the stop lamps to be activated upon application of the service brakes. We view this requirement as meaning that stop lamps can only be activated in this manner. Because the System activates the stop lamps without the brakes being applied, or downshifting, or retarders, it would not be legal for the System to be used as original equipment on motor vehicles. The System is also subject to the restrictions of S5.1.3 of Standard No. 108. This paragraph prohibits the installation of accessory equipment that impairs the effectiveness of lighting equipment required by Standard No. 108. We regard activation of the stop lamps without commensurate braking as impairing the effectiveness of the stop lamps because this activations does not indicates an intent to slow or stop the vehicle which is the purpose of the stop lamps.

Because the System is not legal as original equipment, there are Federal restrictions on it in the aftermarket as well. Installation of the System on a vehicle would create a noncompliance with Standard No. 108, specifically S5.1.3 and S5.5.4. Section 30122 prohibits manufacturers, dealers, distributors, and motor vehicle repair businesses from "making inoperative" equipment such as stop lamps that are installed on a vehicle pursuant to a Federal motor vehicle safety standard. However, this prohibition does not extend to acts by the vehicle owner. Nevertheless, after reviewing your patent, we believe that a purchaser of the System would require the technical services of a manufacturer, distributor, dealer, or motor vehicle repair business to install the System. Even if a vehicle owner installs the System, the legality of its use must be determined under the laws of each state in which the vehicle is registered and used. We are unable to provide you with advice on state laws.

We receive numerous letters from inventors such as yourself who seek to improve traffic safety, and we appreciate your concern. Most of these ideas have an appealing intuitive basis but are not supported with data demonstrating their efficacy. I am enclosing copies of a statement we published on November 4, 1998 (63 FR 59482), discussing the agency's policy regarding evaluation of new signal lighting ideas with the thought that it may be of interest to you.

Sincerely,

John Womack
Acting Chief Counsel

Enclosure
ref:108
d.7/6/01