Interpretation ID: 8866
Director
Ohio Department of Public Safety
P.O. Box 7167
Columbus, OH 43266-0563
Dear Mr. Shipley:
Thank you for your letter of July 6, 1993, informing us of the views of your Department with respect to the legality under Ohio law of underbody-mounted neon lighting on motor vehicles.
You have asked for information and guidance in addressing the possible hazards and confusion presented by this aftermarket equipment. I am afraid that there is little we can do to help you. The agency has not made a study of possible safety hazards from this relatively new item of motor vehicle equipment, and yours is, perhaps, only the third letter this Office has received on the subject. I enclose a copy of our letter of April 21, 1992, to Allan Schwartz who inquired about such a system.
You have also asked for information on applicable Federal regulations. There is no Federal prohibition on the manufacture and sale of underbody neon lights. This appears to be an aftermarket system which is purchased and installed on vehicles in use. We have advised that, under these circumstances and under Federal law, there is no prohibition against owner-installation of underbody neon lights, and that use of such equipment is determinable under the laws of any State where a vehicle so equipped is operated. As we do not interpret State laws, we have referred our correspondents to the American Association of Motor Vehicle Administrators (AAMVA) for further information.
Installation of aftermarket underbody neon lighting by any manufacturer, distributor, dealer, or motor vehicle repair business is not prohibited under Federal law as long as it does not "knowingly render inoperative, in whole or in part, any device or element of design installed in or on a motor vehicle . . . in compliance with an applicable Federal motor vehicle safety standard . . . ." (l5 U.S.C. 1397(a)(2)(A)). If it could be demonstrated that use of the neon lighting impairs the effectiveness of lighting equipment installed in accordance with Federal Motor Vehicle Safety Standard No. 108 then arguably the lighting equipment has been rendered partially inoperative and a violation of the prohibition may have occurred.
Your letter is the first expression we have had of possible conflict of underbody neon lighting with State laws and of potential safety issues related to this equipment. As such, it will assist us in replying to future inquiries on this subject. Sincerely,
John Womack Acting Chief Counsel
Enclosure ref:18#108 d:7/29/93