Interpretation ID: nht95-2.79
TYPE: INTERPRETATION-NHTSA
DATE: May 12, 1995
FROM: K. Howard Sharp -- Attorney at Law, Arnason Law Office
TO: John Womack -- Acting Chief Counsel, NHTSA
TITLE: NONE
ATTACHMT: ATTACHED TO 6/7/95 LETTER FROM JOHN WOMACK TO K. HOWARD SHARP (A43; REDBOOK 2; STD. 108)
TEXT: Dear Mr. Womack:
Our firm represents NYTAF Industries, Inc. of Edmore, North Darora. NYTAF has developed a device known as Safety Bright(R) which is an auxiliary signalling system for heavy duty vehicles. I have enclosed for your consideration a draft of a brochure NYTAF intends to distribute when it begins to manufacture and market the device. Exhibit A, attached. Additionally, Exhibit B provides an explanation of the product's functions.
On May 9, 1995 I spoke to Mr. Taylor Vinson who suggested we request a written opinion from N.H.T.S.A. regarding the applicability of the federal motor vehicle safety standards to Safety Bright(R). Mr. Vinson expressed concern that Safety Bright(R) m ight violate Standard 108 by impairing the effectiveness of required lighting equipment. See 49 C.F.R. @ 571.108 (S 5.1.3). Mr. Vinson declined to offer an opinion, however, since he had not seen the device and knew nothing of it. Consequently, NYTAF now requests a written opinion from N.H.T.S.A. regarding the compliance of Safety Bright(R) with federal motor vehicle safety standards.
The attached brochure describes Safety Bright(R) and illustrates the product as it would appear installed on the rear of a semi-trailer. The unit mounts on the rear of the trailer frame directly below the trailer body in the center putting the displa y panel on approximately the same horizontal plane as the tail lights, and brake lights.
Safety Bright(R) displays a verbal message appropriate to the particular potential hazard. The red L.E.D. (light emitting diode) panel displays the auxiliary warnings listed in Exhibit B. NYTAF originally designed and manufactured prototype devices with the option of displaying the word "Thanks" but recently decided to delete that message.
Safety Bright(R) does not interfere with lighting required by Standard 108. Safety Bright(R) connects to the tractor's power source through the pigtail connection. While certain functions operate in conjunction with existing lighting; such as turn si gnals and brake lights, if the Safety Bright(R) unit were to fail, the existing lamps and signals would continue to operate normally.
The L.E.D. display is somewhat more intense than existing brake lights, turn signals and tail lamps. NYTAF believes the greater intensity attracts attention to the vehicle and to the message conveyed by the conventional signals but does not detract f rom the visibility and conspicuity of existing equipment. The greater intensity, while averaging less than one candlepower per L.E.D., enhances Safety Bright's(R) visibility in bright daylight.
One might argue that Safety Bright(R) could constitute a distraction and thereby decrease the effectiveness of existing signals and lights required under the regulations, See 49 C.F.R. @ 571.108 (S 5.1.3). We do not agree. To the extent Safety Brigh t(R) might cause such a distraction, it would result only from the product's novelty after its introduction to the market. Safety Bright(R) should create no more of a distraction than reflective tape, retroreflective strips, side marker turn signals, or fuel efficient, aerodynamically designed truck bodies. NYTAF is confident the motoring public would readily accept and undoubtedly benefit from the use of Safety Bright(R) on trucks and semi-trailers.
Anecdotal evidence suggests N.H.T.S.A. has considered and rejected a number of somewhat similar products in the past. "Message boards" mounted in car windows and L.E.D. advertising signs mounted on automobiles do create a distraction and a consequent traffic hazard. Safety Bright(R) differs from such devices because it displays only standard traffic related messages. Drivers cannot display their own personal messages or commercial advertising, and they cannot alter the messages programmed into the unit. Therefore, the reasons for rejecting seemingly similar products submitted to N.H.T.S.A. in the past simply do not apply to Safety Bright(R).
NYTAF believes Safety Bright(R) fully complies with the federal motor vehicle safety standards. As an enhanced auxiliary signalling device, Safety Bright(R) operates in conjunction with existing, required equipment and furthers the purpose of the app licable standard, which purpose is
to reduce traffic accidents and death and injuries resulting from traffic accidents, by . . . enhancing the conspicuity of motor vehicles on the public roads so that, their presence is perceived and their signals understood, both in day light and in dark ness or other conditions of reduced visibility."
49 C.F.R. @ 571.108 (S2). This is exactly the same purpose for which Safety Bright(R) was designed.
Ironically, heavy trucks and semi-trailers -- the largest vehicles on our roadways -- have a profound need to increase conspicuity, especially with respect to speed and signals, See generally Exhibit C. Retroreflective strips and reflective tape repr esent recent advances in this area. Nevertheless, the trucking industry along with the general motoring public stand to benefit from an enhanced signalling system for heavy duty vehicles such as semi-trailers. Studies show that most semi-trailer acciden ts occur on city streets at speeds of less than eighteen (18) miles per hour. Exhibit C. Safety Bright(R) offers a special advantage for traffic safety under those circumstances by giving a clear and conspicuous warning to drivers and pedestrians at th e rear of the vehicle of the operator's intended maneuver.
At highway speeds, Safety Bright(R) should give other motorists extra reaction time in many instances because of the bright, clearly visible and unambiguous message. Experienced drivers know that even an extra half second of reaction time can sometim es mean the difference between an appropriate response and a tragedy. NYTAF believes Safety Bright(R) would give motorists a more obvious indication of a truck's intended maneuver, thereby alerting other drivers more quickly and decreasing reaction time s.
Other messages such as "WIDE LOAD," "LONG LOAD," "BACKING," "CAUTION" and "HELP" draw attention to the special circumstances indicated. The wide or long load messages supplement existing requirements for appropriate markings to increase awareness of the size of the vehicle. The backing signal visually alerts motorists and pedestrians to the truck's directon of motion whereas no regulation currently requires a visual backing signal for semi-trucks. The caution signal works in conjunction with the e mergency flashing signals. The help signal quite obviously is a summons for assistance intended for use by operators of disabled trucks.
Attached as Exhibit D are the schematic diagrams of the Safety Bright(R) device and other pertinent electronic date. If you need any additional information, please let us know. The manufacturer will gladly meet with N.H.T.S.A. officials to demonstra te the product and to discuss any aspect of its construction or operation. NYTAF is eager to consider any comments or suggestions for improvement.
Thank you for your attention to this request. We look forward to your response. With best regards, I am
(Brochure and exhibits omitted.)