Interpretation ID: 2663y
Helfgott & Karas, P.C.
60th Floor
Empire State Building
New York, NY l0ll8-0ll0
Dear Mr. Helfgott:
This is in reply to your letter of June ll, l990 (Your file CAIN 8877), with respect to the permissibility under Standard No. l08 of the use of amber lamps on the rear of motor vehicles.
You have referenced our letter to you of March 30, l989, on the use of a single amber lamp adjacent to, but separate from, the center highmounted stop lamp. Your client wishes to utilize the amber center lamp in conjunction with rear amber turn signal lamps to provide an amber triangular array on the rear. The array would be activated when the ignition is turned on, and remain activated except when the stop lamps were activated (which, with the red center lamp, provide a red triangular array). With respect to the triangular amber lamp array you have asked the following four questions:
"l. The possibility of utilizing the amber turn signals as tail lights, instead of the red tail lamps. This is the same as is now in effect on the front of all vehicles."
Standard No. l08 requires that the color of taillamps be red. Therefore amber turn signal lamps could not serve as substitutes for taillamps. Your comment about frontal lighting is not exactly in point. A turn signal lamp may be combined with a parking lamp (provided the requirements for each are met) but Standard No. l08 requires that both be amber in color.
"2. The possibility of supplementing existing tail lamps with the presence of the amber lamps."
We do not regard this as a true supplement because the color of the array differs from that of the taillamps required by Standard No. l08. However, like taillamps, the array is intended to indicate the presence of a vehicle. The question is, whether an array of three amber lamps would impair the effectiveness of the required two red taillamps. As we advised in our letter of March 30, l989, additional lighting equipment is permissible as long as it does not impair the effectiveness of the lighting equipment that the standard requires. We cautioned that you should consider whether steady-burning amber lamps might confuse following drivers, who would probably be unused to seeing steady burning amber lamps on the rear of a vehicle. Because you have not informed us as to the intended candela of the array, we cannot advise with any assurance whether the amber array would impair the effectiveness of the required red taillamps. Certainly if the candela of the triple amber arrray exceeded that of the red taillamps a basis would appear to exist for a judgment of impairment.
"3. The possibility of using the amber lamps as daytime running lamps on the rear of a vehicle."
Under this scenario, the amber array would function as daytime presence lamps, a function not provided by any rear lighting system required by Standard No. l08. The question therefore is whether such a system would impair the effectiveness of the signal lamps required by Standard No. l08. These are hazard warning signals, turn signals, and stop lamps.
With respect to the hazard warning signals, these operate through the turn signal lamps, and, although operable when the vehicle is in motion, they are designed to operate when the ignition is not on (i.e., when the triple array would be deactivated). Therefore, we do not believe that the triple array would impair the effectiveness of the hazard warning signals.
As for impairment of the turn signals, we must distinguish between those that are amber and those that are red. Again, we raise the possibility that confusion could exist if the candela of the triple array exceeds that of an amber turn signal system. It is imperative that following drivers understand without hesitation the signals provided by other vehicles in front of them. Confusion may be less likely to exist if the required signal lamp and the triple array differ in color.
Concerning the stop lamps, you have informed us that the triple array is deactivated when the stop lamps come on. In this event, there would be appear to be no impairment of the stop signals.
"4. The possibility of utilizing the 'amber triangular array' as described above."
In our view, no specific Federal rulemaking appears required for your client to offer its system for installation on motor vehicles, subject to the constraints expressed in this letter and the letter of March 30, l989. As the earlier letter explains, the determination of whether there is impairment is initially made by a manufacturer who wishes to offer the system as new vehicle equipment. In the aftermarket, installation of the system must not, in effect, result in impairment of required lighting equipment, but nevertheless the system is subject to State and local lighting laws. We have forwarded a copy of your letter and our response to the agency's Office of Research and Development for their information. We appreciate your client's interest in motor vehicle safety.
Sincerely,
Paul Jackson Rice Chief Counsel
ref:l08 d:9/l7/90