Interpretation ID: 2854yy
President
ROC Capital, Inc.
63 Greens Road
Hollywood, FL 33021
Dear Mr. Schlanger:
This is in reply to your FAX of January 3, l991, to Taylor Vinson of this Office, asking about the permissibility under Federal and State regulations of a "lighted sign" on which messages could be scrolled from left to right. Such a sign "is designed to be mounted inside the car, either on a rear or side window." However, "if that is deemed legally inappropriate, the sign can be designed to be placed outside on the roof of the auto." The sign would incorporate LEDs and would not project a beam or flash. You intend to sell it "to the general public."
The National Highway Traffic Safety Administration has no specific Federal motor vehicle safety standard that addresses your device, nor any prohibition against your selling it. The question arises, however, as to whether and under what circumstances Federal law may allow its use.
As a general rule, aftermarket equipment such as this is acceptable under Federal law provided that its installation by a manufacturer, distributor, dealer, or motor vehicle repair business, does not entail removal of, or otherwise rendering inoperative, in whole or in part, equipment installed in accordance with a Federal motor vehicle safety standard. This means that removal by any of the persons just mentioned of the high-mounted stop lamp that has been required on passenger cars manufactured on or after September 1, l985, in order to substitute your lighted sign, would be a violation of Federal law.
The question arises of whether the lighted sign may be installed in the rear window of any other vehicle, or in a passenger car manufactured before September 1, l985, or on the top of any vehicle, situations where there is no direct removal of safety equipment. The agency regards any impairment of the effectiveness of rear lighting equipment as tantamount to rendering it partially inoperative. Thus, if aftermarket equipment is likely to create confusion or distraction in a following motorist, we regard it as likely to impair the messages that required lighting equipment is supposed to impart. A lighted sign with a changing message is likely to create a distraction, diverting attention from signals sent by stop lamps or turn signal lamps. Thus, we believe that this device has the potential of rendering those lamps partially inoperative within the meaning of the statutory prohibition. Even when installed in a side window, where it may not be visible directly to the rear, the device has the potential of distraction when the vehicle carrying it is approached in other lanes, i.e., at an angle from the rear.
We are unable to tell you whether the device is illegal under the laws of each of the 50 States. If you are interested in pursuing this question, we recommend that you consult the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.
Sincerely,
Paul Jackson Rice Chief Counsel
ref:l08 d:2/26/9l