Interpretation ID: 2397y
P.O. Box 88112
Honolulu, HI 96830
Dear Mr. Balanza:
This is in reply to your letter asking for an interpretation whether your invention "will interfere with the standard equipment" required by Motor Vehicle Safety Standard No. l08. I regret the delay in responding.
Your invention, "Pinlights", is described as an auxiliary lighting system designed to fit an automobile's side contours. Its purpose is to light up the entire length of a vehicle, so that it will be more conspicuous at night. We note your uncertainty as to "number of stripes allowed on a car", "colors allowed on a car", and "maximum brightness allowable."
There are two ways to approach your invention under the National Traffic and Motor Vehicle Safety Act, our authority for the issuance of the motor vehicle lighting standard, Standard No. l08. The first is as an item of original equipment, in place on the vehicle at the time it is bought by its first owner. You have asked the correct question: does the invention impair the effectiveness of the lighting equipment required by Standard No. l08? The equipment most likely to be impaired are the side marker lamps and reflectors. These items are located near the front and rear of the vehicle, to enhance vehicle conspicuity by affording an approximation of vehicle length, and an indication of the vehicle's front and rear. The lamps are amber to the front, and red to the rear. Your invention would be located along the side of the vehicle, from front to rear. This suggests that the color of your device should similarly be amber to the front and red to the rear, so as not to impair the effectiveness of the directional function of the side marker lamps.
The second way to approach your invention is as an item available in the aftermarket. Standard No. l08 does not apply to a vehicle in use. However, as it applies to your question, the Vehicle Safety Act prohibits modifications by manufacturers, distributors, dealers, or motor vehicle repair businesses if they render inoperative, in whole or in part, any of the required lighting equipment. In most cases, we consider an impairment of new vehicle equipment to be equivalent to a partial inoperability. Further, if installation of aftermarket equipment directly affects the performance of original equipment (such as a reduction of light output through an interference with the wiring), that would certainly be considered a partial inoperability.
Lighting equipment that is not covered by Standard No. l08 remains subject to the requirements of each State in which a vehicle on which it is installed is registered and/or operated. We are unable to advise you on State laws, and suggest that, for an opinion, you write the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.
Sincerely,
Stephen P. Wood Acting Chief Counsel
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