Interpretation ID: 86-2.39

TYPE: INTERPRETATION-NHTSA

DATE: 04/24/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Alan B. Wambold, Ph.D. -- Research Associate, Division of Legislative Services (Virginia)

TITLE: FMVSS INTERPRETATION

TEXT:

Alan B. Wambold, Ph.D. Research Associate Division of Legislative Services Box 3-AG Richmond, Va. 23208

This is in reply to your letter of December 16, 1985 to Jere Medlin of this agency with respect to whether the Commonwealth of Virginia is preempted under Federal law from prohibiting flashing headlamps on motor vehicles.

Section 1392(d) of Title 15 of the United States Code in essence prohibits a State from maintaining or enacting standards covering the same aspect of performance as a Federal motor vehicle safety standard unless it is identical to the Federal standard. Paragraph S4.5.11(c) of Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment (formerly Paragraph S4.6(b)) states that "Headlamps...may be wired to flash for signaling purposes." S4.5.11(c) was not intended as a regulation of this aspect of vehicle performance, in the sense that it would preempt all State regulation of the sale or use of headlamp flashers. It is basically an exception to the requirement of paragraph S4.5.11(e) that all lamps (other than those specifically referenced in other subparagraphs of S4.5.11) be steady-burning when in use. The section, in other words, was included to make it clear that automatic headlamp flashers are not prohibited by the Federal standard. We have concluded therefore that State regulation of headlamp flashers is not preempted by the Federal standard.

I hope that this answers your question.

Sincerely,

Original Signed By

Erika Z. Jones Chief Counsel

December 16, 1985 Mr. Jere Medlin Safety Standards Engineer US Department of Transportation 400 7th. St.,SW Room 5307 Washington, DC 20590

Dear Mr. Medlin:

I spoke with you on the telephone in early October of this year regarding Virginia law's prohibition on flashing headlamp; on motor vehicles -- particularly ambulances and rescue squad vehicles. At that time I believe you told me that the language of S S4.6 in 49 CFR S571.108 preempted the Commonwealth in the matter or flashing headlamps for emergency vehicles.

Since that time I have looked at that section, and have been able to find language in it that, to my satisfaction, makes this preemption clear. It is possible that I either understood you, or that I have made a mistake the citation.

One of the members of the Virginia General Assembly is considering the introduction of legislation during the upcoming session of the legislature to conform Virginia law to the federal regulation, and, you are more familiar with the Code of Regulations than I am, I was wondering whether you be so kind as to send me a copy of the relevant sections or sections. I am certain that many people would be glad to see the discrepancy between the federal regulations and the Virginia law eliminated.

Sincerely yours,

Alan B. Wambold, Ph.D Research Associate