Interpretation ID: nht94-2.62

TYPE: InterpretationNHTSA

DATE: April 28, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Mark M. McGregor

TITLE: None

ATTACHMT: Attached to letter dated 3/31/94 from Mark M. McGregor to Office of Chief Council, NHTSA (OCC-9847)

TEXT:

This is in reply to your letter of March 31, 1994, with respect to Federal regulations that may apply to a motor vehicle rear lighting device that you have invented.

Your "Safe Driving Indicator Light," mounted on the rear of a vehicle, would emit one color ("possibly green") which would change to red when a vehicle following came too close.

To put it at its simplest, an invention such as yours is permissible under the Federal statutes and regulations of this agency as long as it does not negatively affect the performance of the lighting equipment that is required by Federal Motor Vehicle Sa fety Standard No. 108 Lamps, Reflective Devices and Associated Equipment. This is the Federal standard that specifies what is required as original lighting equipment on motor vehicles.

More specifically, paragraph S5.1.3 of Standard No. 108 permits non- required lighting devices as original equipment if it does not impair the effectiveness of the required lighting equipment. We believe that your invention, as described, has the potent iality to impair the stop lamp system. While running lamps of the color red are permitted (e.g. taillamps), the sudden change from green to red of the lamp of your system could be misinterpreted as a signal to the car following that the car ahead is pre paring to stop. However, the purpose of your lamp is not to indicate a stop but to warn the following driver that (s)he is too close.

As a warning lamp, we believe that your use of amber as a color, rather than red, would convey the desired message without impairing the effec- tiveness of the stop lamps. But you should consider the intensity and location of the lamps to avoid impairme nt of the rear turn signal lamps.

With respect to the aftermarket, 15 U.S.C. 1397(a)(2)(A) (Section 108(a)(20)(A) of the National Traffic and Motor Vehicle Safety Act) prohibits a manufacturer, dealer, distributor, or motor vehicle repair business from knowingly rendering inoperative in whole or in part any device or element of design installed in accordance with a Federal motor vehicle safety standard. We interpret this as not forbidding activities by persons other than those named above that affect the compliance of a vehicle with th e Federal safety standards. Thus, the installation of your invention emitting a red color is not precluded if the invention is intended for installation by a vehicle owner, and is not prohibited for installation by others if the warning light color is a mber.

However, you must still determine whether use of the lamp is permissible under the laws of States where it will be used. We are unable to advise you on State laws and suggest that you write for an opinion to: American Association of Motor Vehicle Admin istrators, 4600 Wilson Boulevard, Arlington, VA. 22203.