Interpretation ID: nht93-3.16

DATE: April 23, 1993

FROM: Wayne S. Ferguson -- Research Manager, Commonwealth of Virginia, Department of Transportation, Transportation Research Council

TO: Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 7/30/93 from John Womack to Wayne Ferguson (A41; Std. 108; VSA 103(d); VSA 108(a)(2)(A))

TEXT:

The Virginia General Assembly recently passed a joint resolution requesting the Department of Motor Vehicles and other designated state entities to study the desirability of allowing deceleration lights on semitrailer-trucks in the Commonwealth (see attached). The purpose of these lights would be to warn following traffic of non-braking deceleration by trucks, thereby preventing potential rear-end collisions.

The Virginia Transportation Research Council has been asked to evaluate any potential legal problems regarding state regulation of such deceleration lights. Of primary concern is the potential federal pre-emption in the area of vehicle safety equipment.

I am writing to request your opinion on two questions. First, do the current federal regulations and standards dealing with various vehicle safety devices pre-empt Virginia's proposal to permit deceleration lights on trucks in the Commonwealth? Second, if such state action would be pre-empted, what is the proper course of action to obtain federal approval of the use of deceleration lights?

I would appreciate your legal opinion on these questions, as well as any additional comments you may have on this matter.

Attachment

SENATE JOINT RESOLUTION NO. 247

Requesting the Department of Motor Vehicles, in cooperation with the Center for Innovative Technology, the Motor Carrier Division of the State Corporation Commission, and the State Police, to study the use of deacceleration lights on trucks in the Commonwealth.

Agreed to by the Senate, February 25, 1993 Agreed to by the House of Delegates, February 23, 1993

WHEREAS, trucks often deaccelerate without use of brakes, such as when traveling uphill; and

WHEREAS, such deacceleration can pose a hazard to following traffic which is given no warning of the deacceleration; and WHEREAS, deacceleration lights on trucks may provide an appropriate warning to following traffic; and

WHEREAS, such deacceleration lights are not currently permitted in the Commonwealth; and

WHEREAS, the Commonwealth should study the desirability of permitting deacceleration lights on trucks; and

WHEREAS, if the Commonwealth decides to allow such deacceleration lights on trucks, appropriate standards should be developed to dictate their use; now therefore, be it

RESOLVED by the Senate, the House of Delegates concurring, That the Department of Motor Vehicles, in cooperation with the Center for Innovative Technology, the Motor Carrier Division of the State Corporation Commission, and the State Police, be requested to study the desirability of allowing deacceleration lights on trucks in the Commonwealth, the types of deacceleration lights which currently exist, and the appropriate standards which should dictate their use.

The Department shall complete its work in time to submit its findings and recommendations to the Governor and the 1994 Session of the General Assembly as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents.