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Officer, Richard L. Purvis #4726
Arizona DPS Highway Patrol
District 13
2610 South 16 Street
Phoenix, AZ 85040
Dear Officer Purvis:
This is in reply to your letter of January 16, 2000, with respect to
aftermarket clear lamp assemblies.
You report that you have cited motorists for using replacement lamp
assemblies that "have totally clear exteriors," having
"no red reflectors on the rear product and no amber reflectors on
the front product." You would now like to bring enforcement actions
against sellers of this equipment, and you have asked "to have any
Federal standards reference material that shows clearly that all U.S.
vehicles must have the red rear reflective lenses and the amber front
reflectors."
The basic Federal motor vehicle safety lighting regulation is 49 CFR
571.108 Standard No. 108, Lamps, Reflective Devices and Associated
Equipment. Federal Motor Vehicle Safety Standard No. 108 applies to
both original and replacement lighting equipment. Title 49 U.S.C. 30115
and Standard No. 108 require that all lighting equipment that is
intended to replace original lighting equipment be certified as
complying with Standard No. 108. Paragraph S5.8.10 allows the
certification to be in the form of a DOT symbol on the product. If the
certification is not on the product, Section 30115 requires it to be on
a label or tag on the item or the box in which the lighting item is
shipped. Therefore, in any enforcement action, it is important for us to
examine the item or its container for certification to see whether the
certification requirement of Section 30115 is being met.
Table I of Standard No. 108 (applicable to trucks, multipurpose
passenger vehicles and buses whose overall width is 60 inches or more)
and Table III (applicable to motor vehicles whose overall width is less
than 60 inches) require front parking lamps to be white or amber, and
front turn signal lamps and front side marker lamps and reflectors to be
amber, and all rear and rear side lamps and reflectors to be red,
(except that amber is permitted as an optional rear turn signal lamp
color, and white is required for backup lamps). The colors themselves
must meet the requirements of SAE Standard J578c, Color
Specification for Electrical Signal Lighting Devices, February
1977. The colors amber and red may be produced by either a white bulb
and amber or red inner or outer lens, or by an amber or red bulb and a
colorless or clear lens.
Manufacturers are producing amber bulbs that meet the SAE color
requirements. Thus, a
replacement turn signal lamp incorporating a clear lens and an amber
bulb is permitted by Standard No. 108 if it is certified by its
manufacturer as discussed above. However, the same lamp with a bulb that
is clear, blue, green, or any color other than amber would not be in
compliance with Standard No. 108.
The clear lens - red bulb
lamp raises different considerations. A red bulb is very expensive to
manufacture, as gold must be used in order to meet the color
specifications for red imposed by the standard. In fact, we know of no
manufacturer who is producing a red bulb that is intended to make signal
lamps with colorless lenses comply with Standard No. 108.
Your letter recounts another problem we have encountered with this
type of replacement taillamp, i.e., the absence of a red reflex
reflector on the lamp, and possibly the absence of a red reflex
reflector on the side at the rear. If the original lamp incorporated a
red reflex reflector(s) and the replacement lamp does not (and a
separate reflector(s) is not provided in the package), the substitution
of the new lamp for the old one will create a noncompliance with
Standard No. 108, as the vehicle will no longer meet the requirements of
Tables I and III, which require red reflex reflectors and side red
reflex reflectors. The same would be true for the front, if amber side
reflex reflectors were absent. You
will be interested to know that one importer, American Products Company
of Corona, California, is currently in the process of recalling 28,542
replacement taillamp lenses which were clear in color and lacked side
and rear red reflex reflectors.
The removal of the original lamp and substitution of one that does
not meet the color specifications for red or any other required color,
or the removal of a lamp incorporating a reflex reflector(s) and
replacing it with a lamp that has none, would
be violations of Federal law, specifically 49 U.S.C. 30122, if performed
by a manufacturer, distributor, dealer, or motor vehicle repair
business.
You also mention that sales of this replacement equipment may be a
violation "of the business license to sell illegal and unsafe
safety products," and ask if we have "any federal publications
. . . that deal with this issue." We have no publications or
advisories that would help you. However, I would like to point out that,
under 49 U.S.C. 30112(a), it is a violation of Federal law to sell, or
offer for sale, any item of motor vehicle equipment unless it complies
with all applicable Federal motor vehicle safety standards and is
certified as complying under Section 30115. Thus, the businesses that
you mentioned may be violating this Section.
If you have information indicating that manufacturers or distributors
are offering noncomplying signal lamps and that motor vehicle equipment
dealers are selling or installing them, please send this information to
Ms. Marilynne Jacobs, Director, Office of Vehicle Safety Compliance,
National Highway Traffic Safety Administration, 400 Seventh Street SW,
Washington, DC 20950.
We have seen no insurance industry articles of the nature that
concerns you.
If you have further questions, you may phone Taylor Vinson of this
Office (202-366-5263).
Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:108
d.4/7/2000
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