Interpretation ID: nht75-6.30

DATE: 06/10/75

FROM: NANCY KOLODNY -- STAFF ATTORNEY FORD MOTOR CO.

TO: RICHARD B. DYSON -- ASSISTANT CHIEF COUNSEL NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION DEPARTMENT OF TRANSPORTATION

TITLE: 1975 MONARCH REAR TAILLAMP PART NO. (2)(A)(2) - IP2R(2)S(3)T75CT

ATTACHMT: ATTACHES TO A LETTER DATED 8/18/75 FROM JAMES C. SCHULTZ -- NHTSA CHIEF COUNSEL TO NANCY KOLODNY -- FORD MOTOR'S GENERAL COUNSEL; N40 30(ZTV)

TEXT: We are writing to seek the express confirmation of the National Highway Traffic Safety Administration (NHTSA) of the preemptive effect of Federal Motor Vehicle Safety Standard 108, 49 CFR 571.108 ("Standard 108") on passenger car lighting, as was provided by NHTSA in Motorcycle Industry Council, Inc. v. Younger, No. Civ. S74-126 (D.C.E.D. Cal., Sept. 24, 1974).

This request is being made so that we may respond to the attached correspondence (Attachment I) from Mr. Warren M. Heath, Commander, California Highway Patrol, concerning compliance with Section 25950 * of the California Vehicle Code by the 1975 Monarch rear taillamps. Mr. Heath's letters of April 8 and May 25 contend that the amber lens applied over a red lens on one of the Monarch taillamp compartments violates that provision of the California Vehicle Code Section 25950 which does not permit a taillamp to be amber when unlighted. On this basis, Mr. Heath has stated that similarly equipped 1976 model year Monarchs will not be eligible for registration in California.

* Section 25950 provides in pertinent part: "(b) All lamps and reflectors visible from the rear of a vehicle shall be red, except that stop lamps, turn signal lamps and front side-marker lamps required by Section 25100 may show amber to the rear.

This section applies to the color of a lamp whether lighted or unlighted, and to any reflector exhibiting or reflecting perceptible light of 0.05 candlepower or more per foot - candle of incident illumination, except that taillamps, stop lamps and turn signal lamps visible to the rear may be white when unlighted."

We believe the provisions of Section 25950 are preempted by Standard 108, and that pursuant to Section 103(d) of the National Traffic and Motor Vehicle Safety Act (15 USC 1392(d)), California is precluded from the enforcement of any nonidentical standard.

As the NHTSA has confirmed on several occasions, the Standard's lighting requirements are intended to be comprehensive and exclusive, and leave no room for differing state standards. The statement of the Administrator cited by the Court in the Motorcycle Industry Council judgment is particularly pertinent here where California seeks to enforce a differing standard for the precise function (i.e., taillamp color) covered by Standard 108. (Letter from James B. Gregory, Administrator NHTSA, to W. Pudinski, Commissioner, Dept. of Highway Patrol, dated Nov. 8, 1973, N40-30 (RBD).)

Compliance of the Monarch rear lamps with the requirements of Standard 108 has been confirmed by tests conducted at Ford. (Attachment II) Therefore, we seek an opinion on the issue of preemption with respect to the differing California requirements of Section 25950.

For your assistance, we are enclosing color photos of the Monarch and Monarch Ghia rear lamps which demonstrate their appearance when lighted and unlighted. (Attachment III) Photo #1 is of the Monarch rear lamp unlighted. Photo #2 shows the taillamp (3 exterior red compartments) lighted. Photos #3 and #4 are of the Monarch Ghia.

If you have any questions on this matter, please so inform me. I may be reached by telephone at (313) 337-6462. We hope to receive a response at your earliest convenience.

Sincerely,