Interpretation ID: nht95-3.64

TYPE: INTERPRETATION-NHTSA

DATE: July 31, 1995

FROM: Dennis G. Moore -- President, Sierra Products Inc.

TO: Chief Council -- NHTSA

TITLE: Legal Interpretation Request for FMVSS # 108

ATTACHMT: ATTACHED TO 9/20/95 LETTER FROM JOHN WOMACK TO DENNIS G. MOORE (A43; REDBOOK 2; STD. 108)

TEXT: Around 1985 * , NHTSA significantly reduced the Amber (Yellow) Photometric output minimals for all Rear Amber Turn Signal Lights. This reduction was implemented, I believe, partially as an act of Common Sense and partially as a positive Harmonization ge sture to European Vehicle Safety people. Whereas these European Safety people did then and still do require "significantly less" Amber Photometric Output area, which was not correspondingly reduced when NHTSA reduced the required Photometric Output. Fu rther, the Europeans still require significantly less Area for Amber lenses than the U.S. still requires.

* Presently I can't find the Federal Register Announcement with Details on this issue, however, I will attempt to send it later. I do know this data is readily available from your Docket Files.

European Safety leaders, I've been told, have "tests" that substantiate their position that a "Smaller" and less bright Amber Turn Singal yields "less conspicuosity", which is a desirable feature when compared to the Conspicuosity demanded by the Very Im portant Red Brake Lights . . . and rightfully so. As one can see for themselves . . . just the fact that a Turn Signal is Amber and not Red (as are all other Rear Safety Lights) makes it adequately "conspicuous", even if it is "smaller" and significantl y less bright compared to the Brake Lights.

Also, European Scientists contend they have always had a "safer system" than the U.S. System as they have always required Two Brightly Lit Brake Lights, whereas the U.S. System allows only One Brake Light to be illuminated, leaving the other as a "Red" T urn (Blinking) Signal -- They contend that the U.S. approach can confuse the human mind and in fact, perhaps be comprehended as an Impending Turn and "not specifically" as a Braking Action whereas their system using. Two Brake Lights - both clearly Lit - means nothing but "Braking . . . Danger!"

They indicate that their smaller in size and brightness, Rear Amber Turn Signal "clearly indicates" to following traffic the situation when a Turn is occurring by itself or simultaneously with the Braking Action.

In any case, I believe our U.S. NHTSA Rulemakers of several years past were in error or experienced an oversight when they reduced and Harmonized the U.S.'s Rear Amber Turn Singal's required output but at the same time did not reduce the "Area" of output which would have kept the "Density * "of U.S. Amber Lights output about the same as the Europeans have found to be effective . . . thus making the U.S. more or less completely Harmonized with the New EU Specifications effective January 1, 1996.

* "Density", a better layman's term than getting into Luminesec and Luminous intensity . . . at this time.

Any American that is actively involved in the Manufacturing of Vehicle Lights knows it is ludicrous to require U.S. Manufacturers to Design Amber Turn Singal lenses in the 12in<2> range * , and then ask them to try and Balance our Trade by attempting to sell larger than necessary (therefore more expensive Lights) in Europe whereas European Manufacturers enjoy the advantage over U.S. Manufacturers of less expense simply because of size.

* which is what is now required for Big Rig and RV Rear Amber Turn Signals

I am asking that a better Trade Balance Policy be adopted as well as seeing that Common Sense reasoning prevails at NHTSA by asking that this situation be corrected.

If NHTSA's Legal Council feels this error should be corrected through the Petitioning Process, I ask that this writing be considered a "Petition for Change of FMVSS # 108 Request" and given consideration for "rapid processing" through the Public Commenti ng period. I seriously doubt if any American Company or Engineer is in possession of any Scientific Data that would refute what reasoning and facts I have presented here. By reducing the minimal area of the Amber Turn Signal light lens from 12 in<2> to approximately 8 in<2> or 6 in<2>, the U.S. would have more practical Rules for U.S. Exports at no expense to Safety.

Please handle this expendiently!

Yours truly,

Dennis G. Moore President

P.S. Please understand that I believe I speak primarily for the "Big Rig", Small Trailer and RV Type Lighting Manufacturers in the U.S., not for the typical S.A.E. Detroit Auto Designer and/or Auto Engineer.

My type of manufacturing is forced, through extreme competition pressure, to make Multi-purpose Rear Lights for about $ 3.00 each in order to be competitive here in the U.S., whereas, Detroit Auto Stylists know that small Amber Turn Signal Lights on Auto s look puny and degrading to their potential customers. They know the bigger these Amber Lenses are, the better they look, the more they cost, and, therefore, the more overall profit is made on them as they are broken and replaced during the life of the Vehicle. Therefore, Detroit stylists and economists don't really want small sized Amber Turn Signals even if they know that small ones do the Safety Job they're intended to do -- they must compete in "Styling" whereas larger and more elaborate lights se ll cars and makes them more money in the long run than what would be saved on small lights, whereas this is not at all true with "Other" Vehicle Lighting Manufacturers like I represent who are trying to Compete in the U.S. and Europe in the Non-Auto Vehi cle Lighting business.

I believe, and apparently so do most European Safety people, that Location, Color and the Density * Output of a Safety Light is more important for "Conspicuosity" than a large lens with low output.