nht76-5.43 | NHTSA

DATE: 03/19/76

FROM: AUTHOR UNAVAILABLE; R. L. Carter; NHTSA

TO: F. A. McNiel

TITLE: FMVSS INTERPRETATION

TEXT: On February 12, 1976, this agency denied your petition to amend S4.5.4 of Motor Vehicle Safety Standard No. 108 to read:

"The stoplamps on each vehicle shall be activated upon application of the service brakes, or by other beneficial means which will not impair the lighting system or the mechanical functioning of the vehicle."

You have now re-petitioned us on February 16, 1976, to amend S4.5.4 to read:

"The stoplamps on each vehicle shall be activated upon application of the service brakes. This action may be supplemented by other beneficial means which will improve the performance of the stoplamps without impairing the lighting system or the mechanical functioning of the vehicle."

This petition is unnecessary, because as you have now worded your suggested amendment it essentially reflects the present requirements of the standard. We do not view S4.5.4 as prohibiting a means of stoplamp activation supplemental to activation by application of the service brakes.

Any supplemental lighting device, however, is subject to the general prohibition of S4.1.3 against installation of motor vehicle equipment that impairs the effectiveness of lighting equipment required by Standard No. 108. For example, a positioning device that activates the stoplamps whenever the accelerator pedal is released would impair the effectiveness of the stoplamps by providing an ambiguous signal, as release of the accelerator does not always signify that the vehicle operator intends to brake.

You also questioned whether NHTSA desires to see improvements in motor vehicle stoplamp systems. Docket No. 74-5 represented a tenative effort to provide better systems on an optional basis, but on the basis of comments to the docket and our research contracts, we are re-evaluating the entire subject. Your denial must also be considered in this context, and at the present time radical changes in rear lighting are simply premature.

The remainder of your letter was also of interest. Dr. Haddon remarked that performance standards afford the private sector optimum flexibility in designing to meet the Federal standards. His comment reflected a statutory mandate which this agency continues to adhere to in its rulemaking actions. However, as I wrote you on February 12, any performance standard is design restrictive to some extent, with the restrictions ideally only as narrow as reasonably necessary to achieve the desired safety performance. In some areas (e.g. the occupant protection provisions for vehicle interiors in impacts, Standard No. 201) a great deal of design freedom is afforded, while others (e.g. the headlighting requirements of Standard No. 108) may be quite restrictive because safety-related factors such as availability of replacements, uniformity of color and location, and detection of function are more important than design freedom.

Sincerely,

ATTACH.

F. A. McNeil 611 Bouldin Avenue Austin, Texas 78704

FEBRUARY 16, 1976

U. S. Department of Transportation National Highway Traffic Safety Administration

Appeal of Petition Denial - Re: N40-30

Gentlemen:

In reply to your letter of February 12, 1976 wherein you deny my petition for the correction of subsection S4.5.4 and S4.6 (b) as set forth by the existing Federal Motor Vehicle Safety Standard No. 108, I offer the following comments.

In relation to S4.5.4, I agree with your statement that a signal to other drivers that the service brakes are being applied is precisely the performance being sought in S4.5.4. The possibility of an improvement over this 'one shot' stoplamp warning system is what I am endeavoring to get incorporated into Federal Motor Vehicle Safety Standard No. 108, subsection S4.5.4.

As for subsection S4.6 (b) I agree that from the standpoint of traffic safety there is no need for the amendment that I have proposed. My proposal was based primarily on economy. If for any conceivable reason the flashing of the headlamps and the side marker lamps for signaling purposes could enhance traffic safety, cutting a flasher unit directly into the existing lighting circuit would be much less costly than the installation of the additional wiring and switching means that would be required to isolate the headlamps and the side marker lamps from the conventional lighting circuit.

My suggested amendment to S4.5.4 stated - "The stoplamps on each vehicle shall be activated upon application of the service brakes, or by other beneficial means which will not impair the lighting system or the mechanical functioning of the vehicle." - I regret that my choice of wording could be construed to indicate any intent that activation of the stoplamps upon application of the service brakes could be deleted under any circumstances. Such an act would very definitely impair the vehicle's lighting system, and so would therefore be unacceptable under such revised standard. - However, to make my proposal crystal clear, I am rephrasing my petition to amend FMVSS No. 108, subsection S4.5.4 to read as follows --

Such an amendment would provide a standard against which any means that would improve the performance of a vehicle's stoplamp warning system could be tested -- such as a means to signal other drivers that the brakes are going to be applied (prior to the time of the actual application of the brakes) in the event that a 'panic' or other sudden stop is going to be made.

The reason cited for denying my petition for amendment of S4.5.4 was - "Since the requirement is limited to the desired safety performance, we find it valid" - Does this statement mean - as it implies - that the NHTSA has no desire to see any improvement in a motor vehicle's antiquated stop warning system? - I find this to be extremely odd in view of the fact that your department previously informed me that "rear end collisions account for 10 per cent of the fatal motor vehicle accidents and 49 per cent of all motor motor vehicle accidents". - As for validity, the reasons for your denial of my petition are certainly not valid in relation to the statements made by Director Haddon December 14, 1967.

Again, I strongly urge that the National Highway Traffic Safety Administration approve my revised petition for the amendment of Federal Motor Vehicle Safety Standard No.108, subsection S4.5.4 as set forth above.

Respectfully,

Fred A. McNiel Traffic Safety Advocate

copy: Hon. J. J. Pickle

Interpretation ID: nht76-5.43