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Interpretation ID: GF007935

    Terence McBride, Manager
    City of Memphis Motor Vehicle Inspection Bureau
    590 Washington Avenue
    Memphis, TN 38015


    Dear Mr. McBride:

    This responds to your e-mail of November 4, 2003, to George Feygin of my staff. In your e-mail, you inform us that the State of Tennessee has passed a bill (No. HB1819/SB1765) permitting oscillating stop lamps on motorcycles. You ask whether the Federal motor vehicle safety standards (FMVSSs) permit oscillating stop lamps on motorcycles. As discussed below, the answer is no.

    By way of background, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under 49 U.S.C. Chapter 301, manufacturers are required to certify that their vehicles and equipment meet applicable requirements prior to the initial sale of the vehicle.

    The Federal standard applicable to lighting equipment in motorcycles is FMVSS No. 108, Lamps, Reflective Devices and Associated Equipment. The relevant section of that standard reads as follows:

    "S5.5.10      The wiring requirements for lighting equipment in use are:
    (a) Turn signal lamps, hazard warning signal lamps, and school bus warning lamps shall be wired to flash;
    (b) Headlamps and side marker lamps may be wired to flash for signaling purposes;
    (c) A motorcycle headlamp may be wired to allow either its upper beam or its lower beam, but not both, to modulate from a higher intensity to a lower intensity in accordance with section S5.6;
    (d) All other lamps shall be wired to be steady-burning" [emphasis added].

    In short, S5.5.10(d) of FMVSS No. 108 mandates that all lamps be steady burning, unless otherwise permitted. In the present case, stop lamps do not fall under any exception enumerated in S5.5.10 (a) through (c). Accordingly, motorcycle stop lamps must be steady burning and cannot be oscillating.

    With respect to Federal preemption of State laws, 49 U.S.C. 30103(b)(1) provides in pertinent part:

    "Preemption. When a motor vehicle safety standard is in effect under this chapter, a State or a political subdivision of a State may prescribe or continue in effect a standard applicable to the same aspect of performance of a motor vehicle or motor vehicle equipment only if the standard is identical to the standard prescribed under this chapter"

    This means that, under 49 U.S.C. 30103(b)(1), a State cannot authorize oscillating motorcycle stop lamps since the applicable Federal motor vehicle safety standard prohibits such lighting devices.

    We further note that installation of a non-steady burning lamp by a manufacturer, dealer, distributor, or motor vehicle repair business after the initial sale is subject to the restrictions of 49 U.S.C. 30122, which prohibits "making inoperative, in whole or in part" any part of a device or element of design installed on or in a motor vehicle in compliance with an applicable motor vehicle safety standard. Depending on the circumstances, installation of a non-steady burning lamp after the initial sale of the motorcycle could be viewed as a violation of this "make inoperative" provision.

    I hope you find this information helpful. If you need further assistance, please contact George Feygin of my staff at this address or at (202) 366-2992.

    Sincerely,

    Jacqueline Glassman
    Chief Counsel

    ref:108
    d.1/14/04