Interpretation ID: 8261
Manager of Engineering
EIS Brake Parts
P.O. Box 1315
Berlin, CT 06037
Dear Mr. Gordon:
This is in reply to your letter of January 6, 1993, to Rich Van Iderstine of this agency. It has been forwarded to this office because you have, in essence, requested a legal opinion as to the acceptability of a product that your company is considering manufacturing. As you describe it, the product provides an intermittently blinking stop lamp function when the brake pedal is applied. You are concerned that such a device "might be confused with hazard warning lights", and that there may be "other problems/restrictions connected with its manufacture." You have asked for our advice.
Motor vehicle lighting in the United States is subject to both Federal and State requirements. The National Traffic and Motor Vehicle Safety Act (Safety Act) and Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment are the Federal requirements to which I refer.
Standard No. 108, which was issued under the authority of the Safety Act, prescribes requirements for stop lamps and other lamps that must be followed by the manufacturer of the vehicle, and met at the time the vehicle is sold by the dealer to its first owner. One of these requirements, set forth in S5.5.10(d) of the standard, requires stop lamps to be steady- burning. Because your product would create a flashing light, it could not be used as original equipment on a motor vehicle, whether installed by the manufacturer, or by the distributor or dealer after the vehicle has left the factory and before its first sale to a purchaser for purposes other than resale.
The Safety Act includes a provision which governs modifications to vehicles after their initial sale. This Act does not prohibit a vehicle owner from making modifications that affect compliance with Standard No. 108 (or any other Federal motor vehicle safety standard). Thus, a vehicle owner may install your product without violation of Federal requirements. However, we interpret the Safety Act as prohibiting the installation of such a product by a manufacturer, dealer, distributor, or motor vehicle repair business. Under section 108(a)(2)(A) of the Act (15 U.S.C. 1397(a)(2)(A)), these persons shall not "render inoperative, in whole or in part, any device or element of design installed in accordance with a Federal motor vehicle safety standard." In our view, this forbids the installation of equipment that would take a vehicle out of compliance with a Federal motor vehicle safety standard. However, the Act does not forbid the sale of componentry such as your product which creates a noncompliance once it is installed. In summary, under Federal law, any person may sell your device, but only a person other than a manufacturer, dealer, distributor, or motor vehicle repair business may install it.
We are unable to advise you as to whether the laws of any State prohibit the use of flashing stop lamps, and recommend that you consult the American Association of Motor Vehicle Administrators for an opinion. Its address is 4600 Wilson Boulevard, Arlington, Va. 22203.
Sincerely,
John Womack Acting Chief Counsel
ref:VSA#108 d:2/18/93