Interpretation ID: Heller2

Mr. Peter E. Heller

Logo Brake Light

216 Redwood Road

Sag Harbor, NY 11963

Dear Mr. Heller:

This responds to your letter requesting clarification regarding how Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment, applies to your patented product, the Logo Brake Light. Your letter described the Logo Brake Light as the merger of the center high mounted stop lamp with the automobile manufacturers logo, symbol or trademark. On a vehicle equipped with your product, when the service brake pedal is depressed, the lighted portion of the center high-mounted stop lamp (CHMSL) will illuminate in a shape representing the vehicle manufacturer or its brand. You enclosed three product samples (two in red and one in a combination of red and yellow). Based on the information you have provided to the agency and the analysis below, we have concluded that your product would not comply with Standard No. 108.

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue FMVSSs that set performance requirements for new motor vehicles and items of motor vehicle equipment (see 49 U.S.C. 30111 and 49 CFR Part 571). It is the responsibility of manufacturers to certify that their products conform to all applicable safety standards before they can be offered for sale (see 49 U.S.C. 30115 and 49 CFR Part 567). FMVSS No. 108 sets forth the requirements for both new and replacement motor vehicle lighting equipment.

Turning to the specific issues raised by your letter, FMVSS No. 108 specifies requirements for CHMSLs in light vehicles. First, paragraph S5.1.1.27(a) of FMVSS No. 108 specifies that each CHMSL shall: (1) have an effective projected luminous lens area of not less than 2903 square mm (4.5 square inches); (2) meet the visibility requirements such that a signal is visible from 45 degrees to the left to 45 degrees to the right of the longitudinal axis of the vehicle; and (3) have minimum photometric values in the amount and location listed in

Figure 10 of the standard. In addition, Table III, Required Motor Vehicle Lighting Equipment, specifies that the CHMSL must be red.[1] (A CHMSL produced using a combination of red and another color, such as yellow or silver, would not comply with the color requirement set forth in Table III.) Because we have not had the opportunity to examine your product in use, we cannot offer an opinion as to whether your product would meet the applicable area, visibility, and photometric requirements of Standard No. 108. However, we note that your product appears to violate the color restrictions set forth in Table III.

Furthermore, in discussing your request with the agency in phone conversations, you directed us to your website, www.logobrakelight.com. Upon review of this site, we saw examples of your product mounted below the rear glass (one on a trunk lid and another on an SUV liftgate). We note that your product apparently would not comply with paragraph S5.3.1.8(a)(2), which requires that no portion of the lens [CHMSL] shall be lower than 6 inches below the rear window on convertibles, or 3 inches on other passenger cars. Thus, the applications of your Logo Brake Light CHMSL currently shown would likely violate this location requirement.

Finally, we should also observe that a lighting standard is premised upon consistency of the message intended to warn or alert other drivers or pedestrians. We are concerned that the presence of both regular red and multicolor stop lamps with logos on them could result in confusion of other drivers or pedestrians.

Please note that we are returning your product samples to you under separate cover. If you have further questions, please feel free to contact Eric Stas of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Anthony M. Cooke

Chief Counsel

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d.2/7/07