Interpretation ID: nht93-4.49
DATE: June 28, 1993
FROM: John Womack -- Acting Chief Counsel, U.S. Department of Transportation, NHTSA
TO: Henry Murillo
TITLE: None
ATTACHMT: Attached to letter dated 4-20-93 from Henry Murillo to Z. Taylor Vinson (OCC 8609).
TEXT: This responds to your letter of April 20, 1993, to Taylor Vinson of this Office. You have asked for an interpretation of the regulations regarding new automotive products, and how they apply to your invention, the "Green Light System". This system consists of two strips of green plastic, illuminated from behind. One would be mounted "somewhere in the front of the car", and the other "possibly on top of the cyclops (rear top dash mounted brake light)." The flashing of each unit (strip plus light source) would indicate to a vehicle either in front or behind when it was safe to pass.
The general rule with automotive accessory equipment that a dealer adds before sale of a vehicle is that it must not create a noncompliance with the Federal motor vehicle safety standards to which the vehicle manufacturer has certified.
For example, the Green Light System unit installed in the front should be mounted so that it does not block the field of view required by the safety standard on rearview mirrors (Standard No. 111) or that it is not in the head impact area of the instrument panel so as to interfere with interior occupant protection requirements (Standard No. 201).
When the Green Light System is mounted in the rear, the same concerns with the field of view required by Standard No. 111 still apply. With respect to our safety standard on vehicle lighting, Standard No. 108, in order for the vehicle to remain in compliance the Green Light System must not impair the effectiveness of the lighting equipment required by Standard No. 108. We believe that the Green Light System mounted in the rear of the vehicle has the potential to impair required rear lamp systems equipped with red lenses if the Green Light System is wired so that it may operate simultaneously with one of these systems. The public is not used to seeing a flashing green lamp at the rear, and momentary confusion may result. For example, a driver following a slow-moving vehicle could confront simultaneous operation of a flashing red turn signal and a flashing Green Light System, and would not know whether the leading vehicle was intending to turn or signalling that it was safe to pass.
Accessory equipment that is installed on vehicles after their sale, when they are in use, is also permissible if its installation by a manufacturer, distributor, dealer, or motor vehicle repair business does not knowingly create a partial or total noncompliance with a standard. However, under Federal law, the vehicle owner may install aftermarket equipment such as the Green Light System without regard to its effect upon compliance with the standards. There remains the question of whether use of accessory equipment such as the Green Light System is permissible under the laws of the State where the vehicle is registered and operated. We are unable to answer questions relating to State laws, and suggest that you consult the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.