Interpretation ID: nht81-1.1

DATE: 01/02/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Kux Manufacturing Company

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of November 25, 1980 asking whether any Federal regulation "prohibits the use of reflective red markings on the front of vehicles."

The Federal Motor Carrier Safety Regulation administered by the Federal Highway Administration of the Department of Transportation impliedly prohibit the use of red reflectors on the front of vehicles subject to its jurisdiction by requiring that all reflectors, other than those at the rear, be amber in color (49 CFR 393.26(d)). The common contract, private or exempt carriers covered by this requirement are found in 49 U.S.C. 303.

The Federal motor vehicle safety standard on vehicle lighting (49 CFR 571.108) applicable to the manufacture of all motor vehicles contains a general prohibition (paragraph S4.1.3) against installation of reflective devices that impair the effectiveness of required lighting equipment. Because of the generally accepted lighting coding of amber to the front and red to the rear, we would view installation of red reflective material on the front of a vehicle as prohibited by S4.1.3.

SINCERELY,

KUX MANUFACTURING COMPANY

November 25, 1980

Legal Counsel National Highway Traffic Safety Administration

Gentlemen:

Our Company is a manufacturer of vehicle graphics for the trucking and automobile industries. It has been our understanding that there is a Department of Transportation or other federal regulation prohibiting the use of reflective red markings on the front of vehicles. I would appreciate a response from your office as soon as possible verifying whether, in fact, such a prohibition exists. If so, please provide a citation for the provision.

Thank you for your assistance in this matter.

Eric C. Oppenheim Corporate Attorney

cc: J. JONES