Interpretation ID: 2987yy
1296 Carman Court
Conyers, Ga. 30208
Dear Mr. Salsman:
This responds to your letter of April 16, l99l, asking for an interpretation of Motor Vehicle Safety Standard No. 108 as it relates to the "Braking Intensity Array" that you have invented.
The device is an array of nine rear lamps which include a high mounted stop lamp. The center lamp responds to pressure on the brake pedal. If "actual braking" occurs, then the lamps adjacent to the center lamp "will respond appropriately with the adjacent lights lighting under mild braking force", and the remaining pairs of lamps lighting as the braking force increases. You have assured us that the center lamp meets all requirements of Standard No. l08, and that the remaining lamps in the array are controlled by a separate device and will not operate independently.
As we see it, the acceptability of your invention under Standard No. l08 is not dependent upon any of the five sections of the standard that you quote. The four pairs of lamps that flank the designed-to-conform center stop lamp are "additional lamps" within the meaning of S5.1.3, which prohibits the installation of any additional lamp as original equipment if it "impairs the effectiveness of lighting equipment required by" Standard No. l08. Whether impairment exists is a determination to be made by the person installing the lamp as original equipment, either the manufacturer or the dealer prior to the vehicle's first sale. In this instance, it does not appear to us from your description of the array that it would impair the effectiveness of the center lamp or other stop lamps on a vehicle. We would be concerned if the size of the array is such that the interior rear view mirror could not meet the field of view requirements of Standard No. lll Rearview Mirrors; however, if the field of view is not met, the standard allows, as an alternative, the installation of an exterior rear view mirror on the passenger side.
Although your array may be permissible under Federal law, it remains subject to regulation by the individual States in which it is used. We are unable to advise you on State laws and suggest you consult the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.
Sincerely,
Paul Jackson Rice Chief Counsel
ref:l08 d:5/8/9l