Interpretation ID: nht68-2.38

DATE: 10/03/68

FROM: AUTHOR UNAVAILABLE; Robert M. O'Mahoney; NHTSA

TO: State of New Jersey Division of Motor Vehicles

TITLE: FMVSS INTERPRETATION

TEXT: Your letter of September 3, 1968, to Mr. Sason of the National Highway Safety Bureau, discussing the Chrysler Corporation's Super Lite, has been referred to this office.

The State of Vermont has contacted us in regard to this question. We understand that in Vermont, and in other States, Chrysler has taken legal action to prevent state prohibition or regulation of the Super Lite on the basis of Federal preemption under @ 103(d) of the National Traffic and Motor Vehicle Safety Act, and Standard 108.

I enclose a copy of a letter, dated September 17, 1968, from Director Hadden to the Chrysler Corporation, in which he says:

"It should be noted, however, that, while the incorporation of this lamp in your 1969 automobiles would not be precluded by the Federal Standard, the various States may interpose restrictions as to the lamp."

In this office stated to the State of Vermont's Department of Motor Vehicles in response to an inquiry on the question: It is the opinion of the FH A that Federal lighting Standard No. 108 does not deal with the aspect of performance that relates to the Super Lite, and therefore there is no preemption of State regulations dealing with it.

We will be glad to give you whatever interpretive assistance you wish in this and other matters relating to the traffic safety laws, within the limits of our resources. We would also like to hear from you that legal developments are taking place in your state in this area.