Interpretation ID: nht74-1.35

DATE: 06/06/74

FROM: AUTHOR UNAVAILABLE; Robert L. Carter; NHTSA

TO: Committee on Transportation, Florida House of Representatives

COPYEE: W. R. EASON; NHTSA REGIONAL ADMINISTRATOR -- ATLANTA

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of May 7, to Dr. James R. Gregory, Administrator, National Highway Traffic Safety Administration, concerning the activation of headlamps during periods of reduced visibility, and the automatic illumination of vehicle headlights when the windshield wipers are activated.

The National Committee on Uniform Traffic Laws and Ordinances is the custodian of the Uniform Vehicle Code. Any revision of @ 12-201 relating to operation of headlights in line with the Florida law could be duly considered by its Subcommittee on Vehicles and Highways. Perhaps you may wish to submit a proposal to revise this section of the UVC to Mr. Edward F. Kearney, Executive Director, National Committee on Uniform Traffic Laws and Ordinances, 1776 Massachusetts Avenue, M.W., Washington, D.C. 20036. If you choose to do so, this would be a timely action since the various Subcommittees of the National Committee will be meeting in the next few months to consider pending proposals to revise various chapters of the UVC.

With respect to automatic illumination of headlights with the windshield wipers, the NHTSA has conducted, and will continue to conduct, considerable research on improved headlighting. This research will include evaluations of means and features which will enhance the safety of driving during inclement weather, at which time the driver would normally use his windshield wipers. The simultaneous activation of headlights and windshield wipers would ensure that the headlights are in use during adverse weather conditions. This feature would, however, result in unnecessary use of the headlights under fair weather conditions; for example, when the driver is operating his windshield washer or when the windshield wiper is used while the vehicle is parked. Illuminated headlights under fair weather conditions will also decrease the conspicuousness of the front turn signal lamps which are normally located near the headlights. These and other factors must be carefully considered in determining the true merits of a feature which would provide for automatic illumination of the headlamps when the windshield wipers are activated. Based on the information available to date, we are not in a position to justify proposing a Federal requirement for such a feature.

Furthermore, since paragraph S4.5 of Federal Motor Vehicle Safety Standard No. 108 establishes special wiring requirements (including simultaneous activation of taillamps, parking lamps, license plate lamps, and side marker lamps, with the headlamps), we would view differing State wiring requirements as preempted by Section 103(d) of the National Traffic and Motor Vehicle Safety Act, and hence invalid.

An alternative approach to ensuring the use of headlights during adverse weather would be the strict enforcement of State regulations requiring the use of headlights curing periods of reduced visibility, normally less than 500 feet.

This approach might be more cost-effective, since the cost of the automatic feature would be precluded.

Thank you for bringing your Bill HB 3135 to my attention. If I can be of any further assistance, please do not hesitate to contact me.

Sincerely,

NHTSA CONTROL NO. 1496

ATTACH.

FLORIDA HOUSE OF REPRESENTATIVES

COMMITTEE ON TRANSPORTATION

May 7, 1974

James B. Gregory, Administrator -- National Highway Traffic Safety Administration

Re: Uniform Vehicle Code (Rev. 1971) Chapter 12-201 "When lighted lamps are required"

Dear Mr. Gregory:

I call your attention to the above cited requirement of the U.V.C. compared to Florida's law, Chapter 316.217, Florida Statutes. I will agree that Florida requires lamps to be lighted one hour per day longer than the U.V.C. does as well as Florida enumerates the conditions during which time lamps shall be lighted and the U.V.C. does not. We can therefore agree that Florida's law is more stringent in its requirements than your recommendations in the U.V.C.

As you can see from my efforts to change our law, HB 3135 and a timely letter to the editor in the Miami Herald, copies enclosed, we are having our problems in educating the people about and enforcing the provision of the law which requires head lamps to be lighted when it is raining. Rain is not a safety hazard peculiar only to Florida. Perhaps the distinguished drafters of the Code should speak more specifically to this problem, require all states to conform to this law and even require the automobile manufacturers to install the mechanism referred to in Section 2 of my bill which when the windshield wipers are activated, the head lamps will automatically be activated without any additional action required of the operator.

I fully realize just how impractical it is for only one state to have such a requirement placed on the manufacturers of automobiles. However, this is my way of impressing you with the gravity of the situation and that it is within your power to reduce this specific safety hazard by requiring the manufacturers install the aforesaid mechanism. The cost to install such an item will be very nominal, less than $ 2.00, yet the benefits can be very large indeed in the saving of lives and the reduction of property damage.

Sincerely, Vernon C. Holloway -- CHAIRMAN

Enclosures

cc: NHTSA Regional Administrator, Atlanta; Miami Herald, Miami

(Regular Session 1974)

By Representative Holloway

A bill to be entitled

An act relating to the operation of head lamps and windshield wipers during unfavorable atmospheric conditions; arending section 316.217(1), F. S., requiring head lamps and windshield wipers be operated under certain conditions; amending section 501.125, F. S., adding subsection (3) thereto and renumbering (3) as (4); requiring certain automobiles have specific equipment attached before they are sold and licensed in the state; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Subsection (1) of section 316.217, F. S., is amended to read:

316.217 When lighted lamps are required. --

(1) Every vehicle upon a highway within this state at any time from sunset to sunrise, during fog, smoke, or rain, or atmospheric conditions, are such that there is inadequate light, shall display lighted lamps and illuminating devices as hereinafter respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles. Stop lights, turn signals and other signaling devices shall be lighted as prescribed for the use of such devices. Whenever conditions are present which require the use of windshield wipers, headlamps shall be activated.

Section 2. Section 501.125, F. S., is amended by adding a new subsection (3) thereto and renumbering (3) as (4) to read:

501.125 Warranty on sale and manufacture of automobiles; energy absorption system, windshield wipers and head lamps. --

(3) Every private passenger automobile manufactured on and after September 1, 1975, and sold and licensed in the state shall be sold subject to the manufacturer's warranty that it is equipped with a mechanism which when the windshield wipers are activated, the head lamps are automatically activated without any additional required action on the part of the operator.

(4) The warranty provisions of this section shall not be applicable with respect to any private passenger automobile as to which the manufacturer files a written certification under oath with the department of highway safety and motor vehicles, on a form to be prescribed by that department, that the particular make and model described therein complies with the applicable standards of this section.

Section 3. This act shall take effect October 1, 1977.

LEGISLATIVE SUMMARY

Requires automobile headlight operation when there is inadequate light, at any time from sunset to sunrise, during fog, smoke or rain. Requires windshield wiper use whenever conditions necessitate. Requires every private passenger automobile manufactured on and after September 1, 1975 and sold and licensed in the state to be warrantied by the manufacturer that it is equipped with a mechanism which automatically activates the head lamps when the windshield wipers are activated.

The Miami Herald

Monday, April 22, 1974

Enforce 'Lights On in Rain' Law

To The Editor:

Is there any law less frequently enforced than the law requiring headlights on during a rainstorm?

I realize that it requires the police officer to get out of his car in the rain, but if nobody is going to enforce it then get the law off the books -- or enforce it.

BOB RESNIZK