Interpretation ID: nht93-5.8

TYPE: Interpretation-NHTSA

DATE: July 6, 1993

FROM: Charles D. Shipley -- Director, Ohio Department of Public Safety

TO: John Womack -- Acting Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 7/29/93 from John Womack to Charles D. Shipley (A41; Std. 108; VSA 108(a)(2)(A)); Also attached to letter dated 4/21/92 from Paul Jackson Rice to Allan Schwartz (Std. 108)

TEXT:

It is our understanding that NHTSA is reviewing questions and concerns from the various states regarding installation of neon lighting units to the underside and/or other portions of motor vehicles.

The Ohio Department of Public Safety has received inquiries regarding the legality of neon lighting installation to vehicles operated in this state. While Ohio law does not specifically prohibit installation of underbody neon lighting, in responding to such inquiries, we have noted that such lighting may be in violation of one or more of Ohio's vehicle lighting statutes.

The two sections of Ohio law to which we frequently refer are (1) Ohio Revised Code Section 4513.17 when someone proposes installing red or blue neon lighting because it prohibits equipping a motor vehicle with, and displaying flashing red, or flashing red and white or flashing blue, or flashing blue and white light except for law enforcement officials and (2) Ohio Revised Code Section 4513.13 which requires that side cowl, fender or side lights emit a white or amber light without glare. Regarding O.R.C. Section 4513.13, we have noted that while proposed neon lighting may be mounted underneath the vehicle rather than on the vehicle side as addressed in this statute, such neon lighting-installed vehicles may result in confusion to other drivers regarding the placement, the purpose, and the effect of the proposed lighting. This confusion to motorists would be of special concern when vehicles are operated on rural highways.

Also, under ORC 4513.12 addressing spotlights and auxiliary driving lights, motor vehicles may not be equipped with more than three auxiliary driving lights on the front of the vehicle. We feel that in certain conditions, underbody neon lights could also bi mistaken for auxiliary driving lights.

We have additionally suggested that those inquiring contact NHTSA for information on applicable federal regulations. We would appreciate any guidance you might be able to provide in this area.

For your information, I am forwarding copies of the following Ohio statutes and administrative code sections which address vehicle lighting and equipment standards:

ORC Sections 4513.02 through 4513.19 addressing Ohio vehicle lighting, ORC Section 4513.261 addressing directional signals,

OAC Section 4501:2-1-09 addressing motor vehicle equipment standards for lighting, OAC Section 4501:2-1-10 addressing motor vehicle equipment standards for turn signals and OAC Chapter 4501-15 addressing Ohio vehicle lighting.

Thank you for any information and guidance you are able to provide in addressing the possible hazards and confusion presented by underbody-mounted neon lighting.