This article was published in the March 2013 edition of NTEA
News
Question: We are a truck equipment distributor and
routinely get requests from our customers to install strobe lights. What are the
requirements regarding these types of lights?
Answer: In general, strobe lights, beacons and
other forms of auxiliary lighting fall outside of the Federal Motor Vehicle
Safety Standards (FMVSSs). The National Highway Traffic Safety Administration
(NHTSA) does not regulate this type of lighting, so consequently, they are not
included in the FMVSS requirements for lighting found in Code of Federal
Regulations (CFR) 49 Part 571.108. However, this does not mean that “anything
goes,” and navigating the lighting requirements to determine what may be
possible can be very involved and include multiple layers of federal, state and
local requirements to review.
Federal Requirements
Along with an understanding
of the basic lighting required for a particular vehicle, there is an overriding
provision from NHTSA that must be taken into account when considering the
addition, modification or combination of any lighting beyond the
requirements/provisions of FMVSS 108. S6.2.1 states that “[n]o additional lamp,
reflective device, or other motor vehicle equipment is permitted to be installed
that impairs the effectiveness of lighting equipment required by this
standard.”
This has been reinforced in situations to which NHTSA has provided
interpretations in relation to strobe lights. In a letter to Richard F.
Anderson, dated May 20, 1987, NHTSA states: “[s]upplemental stroboscopic lamps
are not covered by the standard, but as original equipment is nevertheless
subject to several restrictions. A lamp that is not covered by Standard No. 108
is permissible if it does not impair the effectiveness of lighting equipment
required by the standard.”
Similarly, in a letter to Col. W. Gerald Massengill from July 3, 2001,
the following excerpt is found: “Standard No. 108 also prohibits the
installation of ‘other motor vehicle equipment . . . that impairs the
effectiveness of lighting equipment required by this standard’ (S5.1.3). Strobe
lights are ‘other motor vehicle equipment’ within the meaning of this phrase. We
read the term ‘installation’ to include use of the other vehicle
equipment.”
So, even though there may be no specific requirements for strobes from
NHTSA, as a final-stage manufacturer or alterer, any such lighting your customer
is requesting you to install on a new motor vehicle must not prevent any of the
standard lighting from meeting their respective requirements.
Determining just what “impairs the effectiveness” of required lighting
can be difficult to judge as a manufacturer, but looking at the basic
characteristics of lighting requirements can help lend perspective. Lamps have
required colors, intensity levels (some minimum and maximum) and visibility
throughout a range of angles, as well as required positions on the vehicle. When
considering the addition of strobes (or any other lighting or equipment), look
at the required lighting in the vicinity of where the strobes are proposed to be
located. If it appears the strobe lamp might interfere with these
characteristics for any of the required lamps/reflectors, take a closer look at
the specific requirements of FMVSS 108 for the standard lighting that may be
affected by the addition of the strobe.
Some common examples from NHTSA’s interpretation responses that involve
strobes or other non-required lighting involve situations where the lights are
placed too closely to required lamps, which can mask the visibility and
intensity of required lighting. Other common examples of impairing required
lamps involve new lighting products that have been proposed to NHTSA that would
flash/strobe standard lamp functions, such as stop lamps, which are required to
be “steady burning” (see Sidebar below).
From a Federal Motor Carrier Safety Administration (FMCSA) perspective,
which applies to commercial motor vehicles (see Sidebar below), there are
special provisions for flashing warning lights that are contained in CFR 49 Part
393.25(e). These requirements specifically acknowledge “flashing warning lamps
on tow trucks and commercial motor vehicles transporting oversized loads; and
warning lamps on emergency and service vehicles authorized by State or local
authorities” (see Sidebar below). Since FMCSA requirements apply to the motor
carrier entity operating a commercial motor vehicle, these requirements should
be reviewed with the customer. It is important to note, though, that these FMCSA
provisions do not replace a final-stage manufacturer’s or alterer’s compliance
responsibilities with FMVSS 108.
State and Local Requirements
In addition to
considering the affect strobes or other supplemental lighting may have on
federal lighting requirements, state and/or local regulations that cover strobe
lighting should also be consulted, including any applicable intrastate motor
carrier requirements. Similar to FMCSA regulations, state or local requirements
often apply to the “use” of such lighting on motor vehicles, so the vehicle
owner/operator would normally be responsible for any infractions. Since strobe
lighting is typically used on emergency or other non-public vehicles, state and
local governments can have provisions for the vehicle applications that may be
equipped with such lighting, including any specific color or other lamp
characteristics.
While it may seem inconsistent, NHTSA does not prohibit end-users from
making modifications to their own vehicles after the first retail sale. But this
does not extend to other businesses upstream of the end-user for vehicle
manufacturing, distribution or repair. This is to allow police departments and
other such entities to customize their own vehicles, including lighting, where
federal law (49 U.S.C. 30122) otherwise prohibits manufacturers, dealers,
distributors and motor vehicle repair businesses from making inoperative safety
equipment installed in accordance with the FMVSS.
To simplify your research in considering strobe or other non-standard
vehicle lighting, first consult the manufacturer of the lighting products being
considered to discuss the application with them and request any documentation
you may need for your files. To review federal-level requirements of FMVSS 108,
login to access the Interactive Lighting Guide at https://www.ntea.com/Content.aspx?id=120 (see Sidebar
below). State and local requirements, including intrastate motor
carrier requirements, should be consulted by contacting the local authorities
where the vehicle will be used and/or accessing state and municipal websites.
For personalized NTEA.com login assistance, please contact Luci Prfaff,
NTEA membership manager, at 1-800-441-6832, ext. 128, or luci@ntea.com.
As always, if you have any questions, call the NTEA Technical Services
Department at 1-800-441-6832 from 8:00AM–5:00PM EST,
Monday–Friday. We’ll be glad to help!
SIDEBAR
From NHTSA response letter dated April 2, 1996 to Randy I.
McClanahan
“This is in response to your letter of February 14,
1996, on the subject ‘Deceleration Rate Signal Generator to Control the
Operation of the Center High Mounted Brake Light of Vehicles.’
Citing paragraph S5.5.10(a) of Motor Vehicle Safety Standard No. 108 which
requires hazard warning signal lamps to be wired to flash, you believe that ‘the
center high mounted brake light’, when controlled by our Brake Alert
deceleration rate signal generator, is in fact a `hazard signal lamp’. In your
opinion, ‘the installation of our Brake Alert does not alter the
factory-installed center high mounted brake light fixture or the bulb(s)
therein’, and, therefore ‘not in violation of any Federal Regulations.’
I am sorry to have to tell you that your Brake Alert device is not permitted
under Federal regulations. The hazard warning signal lamps covered in S5.5.10(a)
refer to a vehicle’s four turn signal lamps flashing simultaneously. Brake
Alert, by causing the center high-mounted stop lamp to flash, would not change
the center lamp into a ‘hazard warning lamp’ within the meaning of Standard No.
108. When activated by Brake Alert the center lamp would simply be a flashing
stop lamp. Under S5.5.10(d) of Standard No. 108, stop lamps must be steady
burning. This means that Brake Alert could not be installed as original
equipment on a vehicle.
With respect to the aftermarket, Federal law prohibits modifications by a
manufacturer, distributor, dealer, or motor vehicle repair business that ‘make
inoperative’ Federally-required equipment, such as the center stop lamp. We
regard causing the center lamp to flash as the equivalent of making it
inoperative because it will be operating in a way that is not permitted for new
vehicle equipment under Standard No. 108. Federal law, however, does not
prohibit the vehicle’s owner from adding Brake Alert if (s)he is capable of
doing so. Even if installed by the vehicle owner, the legality of Brake Alert
would be determinable under the laws of the states where it is operated.”
Definition of CMV
Commercial motor
vehicle means any self-propelled or towed
motor vehicle used on a highway in interstate commerce to transport passengers
or property when the vehicle— (1) Has a gross vehicle weight rating or gross
combination weight rating, or gross vehicle weight or gross combination weight,
of 4,536 kg (10,001 pounds) or more, whichever is greater; or (2) Is designed or
used to transport more than 8 passengers (including the driver) for
compensation; or (3) Is designed or used to transport more than 15 passengers,
including the driver, and is not used to transport passengers for compensation;
or (4) Is used in transporting material found by the Secretary of Transportation
to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring
placarding under regulations prescribed by the Secretary under 49 CFR, subtitle
B, chapter I, subchapter C.
CFR 49 Part 393.25(e)
§ 393.25 Requirements for lamps other than head
lamps.
e) Lamps to be
steady-burning. All exterior lamps (both
required lamps and any additional lamps) shall be steady-burning with the
exception of turn signal lamps; hazard warning signal lamps; school bus warning
lamps; amber warning lamps or flashing warning lamps on tow trucks and
commercial motor vehicles transporting oversized loads; and warning lamps on
emergency and service vehicles authorized by State or local authorities. Lamps
combined into the same shell or housing with a turn signal are not required to
be steady burning while the turn signal is in use. Amber warning lamps must meet
SAE J845—Optical Warning Devices for Authorized Emergency, Maintenance and
Service Vehicles, May 1997. Amber flashing warning lamps must meet SAE
J595—Directional Flashing Optical Warning Devices for Authorized Emergency,
Maintenance and Service Vehicles, January 2005. Amber gaseous discharge warning
lamps must meet SAE J1318 Gaseous Discharge Warning Lamp for Authorized
Emergency, Maintenance, and Service Vehicles, May 1998. (See §393.7(b) for information on the incorporation
by reference and availability of these documents.)
e-CFR
Access the e-CFR for the latest editions of FMVSS 108,
FMCSA and other Federal Standards.
Lighting Scenarios
To review some of the various lighting scenarios that
NHTSA has addressed through interpretation letters, including those noted in
this article, this database offers the ability to use keyword
searches. Before using the database, though, it is advisable to read the introduction.