Interpretation ID: nht87-3.21

TYPE: INTERPRETATION-NHTSA

DATE: 11/05/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Patterson Incorporated

TITLE: FMVSS INTERPRETATION

TEXT: Mr. Barry Patterson President Patterson Incorporated 1920 Springfield Road Kelowna, B.C. VlY 7R8

Dear Mr. Patterson:

This is in reply to your letter of September 21, 1987, asking for our "acceptance and recommendation" of a safety device "endorsed" by the government of the province of Saskatchewan. This device automatically activates parking lamps, and the lower beams of headlamps "with the touch of the Brake Pedal".

The National Highway Traffic Safety Administration has no authority to accept, recommend, or endorse any item of motor vehicle equipment. We can, however, discuss the relationship of your device to U.S. Federal Motor Vehicle Safety Standard No. 109, Lamp Reflective Devices, and Associated Equipment, and the National Traffic and Motor Vehicle Safety Act ("the Act") under which the standard was issued. This standard applies to the manufacture and sale of new motor vehicles. A device such as yours is permi ssible as original vehicle equipment as long as it does not impair the effectiveness of lighting equipment required by Standard No. 108. There is no indication in your descriptive literature that the effectiveness of packing lamps, headlamps, or the stop lamps would be impaired by the installation and operation of your device. With respect to sale in the aftermarket for vehicles in use, your device is not prohibited under the Act if its installation by a person other than the vehicle owner does not rend er inoperative in whole or in part any lamps installed to comply with Standard No. 108. We see no indication that this would occur. However, such an installer should be aware of the wiring requirement in Standard No. 108 that taillamps, parking lamps, si de marker lamps, and the license plate lamp shall be activated when the headlamps are on. The rules for operation of vehicles in use are established by the individual States, and several of these may have restrictions on the use of headlamps during daylight hours. For further information on this subject you should write the American Associati on of Motor Vehicle Administrators, 1201 Connecticut Ave., N.W., Washington, D.C. 20036.

This agency has proposed that motor vehicles be equipped with daytime running lights, in a manner similar, though not identical, to the new requirement of the Canadian Ministry of Transport. If this proposal is adopted, the Act would prohibit any State f rom having a different standard than the Federal one. As of the effective date of such an amendment to Standard No. 108 daytime operation of frontal lighting should be permissible in all States. If you have any further questions we will be pleased to answer them.

Sincerely,

Erika Z. Jones Chief Counsel