The Connecticut General Assembly

OFFICE OF LEGISLATIVE RESEARCH

January 3, 1997 97-R-0011

TO:

FROM: James J. Fazzalaro, Principal Analyst

You asked if there are any state or federal laws or regulations that might preclude installation on a motor vehicle of a device invented by a constituent that replaces the high-mounted brake light on the rear of a motor vehicle with a flashing light.

SUMMARY

There is no federal law that precludes installing such a device, but since federal vehicle safety regulations require manufacturers to equip new vehicles with a high-mounted brake light, replacing the required light with this device could conceivably have implications with respect to manufacturers' warranties. Federal law does prohibit a manufacturer, importer, dealer, or repairer from knowingly making inoperative any device or other part of the equipment required to comply with these federal regulations so anyone engaged in the repair business could possibly face civil penalties if he replaced the federally-required high-mounted stop lamp with the flashing device.

The more significant impediment to this idea may be certain state laws that restrict the display of any flashing lights on a motor vehicle to certain very limited circumstances. A high-mounted brake light that functions as a flashing light instead of the steady red indication does not appear to fit into any of the law's exceptions.

FEDERAL REQUIREMENT FOR HIGH-MOUNTED BRAKE LIGHT

The high-mounted brake light on the rear of newer motor vehicles is part of a federally-required safety system activated by using a vehicle's brakes. The high-mounted third light is located in the center of the vehicle, usually in the rear window or on the trunk lid or hatchback and works in concert with the two brake lights that are part of the turn signal system. Federal law requires the U.S. Department of Transportation to develop and promulgate vehicle equipment safety standards that manufacturers must follow for vehicles they build. These standards include braking systems, occupant crash protection, tire selection and rims, theft protection, transmissions shift sequences and starter interlocks, interior and exterior lighting and warning devices, and many other things (49 U.S.C., § 30111). Vehicles cannot be manufactured or imported for sale in the United States unless they meet these federal standards.

The National Highway Traffic Safety Administration is the federal agency that issues the motor vehicle safety standards through its regulations. Motor vehicle safety standard No. 108 covers lamps, reflective devices and associated equipment and the high-mounted brake light is part of this regulation. Under this standard, (1) any passenger car manufactured on or after September 1, 1985 and (2) any multipurpose passenger vehicle, truck, and bus with an overall width of less than 80 inches and a gross vehicle weight rating of 10,000 pounds or less manufactured on or after September 1, 1993 must be equipped with one high-mounted stop lamp meeting certain specifications. (The multipurpose passenger vehicle classification includes vehicles like minivans.) If a multipurpose passenger vehicle, truck or bus is configured so that the vertical centerline on the rear is located on a section that separates one or two movable body sections, such as doors, instead of on a fixed body panel so that there is not enough space on it to install a single high-mounted lamp, it must have two lamps instead (49 CFR §§ 571.108, S5.1.1.27).

The high-mounted stop lamp must (1) be red; (2) have an effective projected luminous area of at least 4.5 square inches; (3) meet certain technical performance specifications; (4) be located on the vertical centerline of the vehicle when viewed from the rear; and (5) be located either in the rear window or, if mounted below the rear window, no lower than six inches below the rear window on convertibles or three inches on all other cars. The lamp must be at least 34 inches above road level on multipurpose passenger vehicles, trucks, and buses.

There are some constraints on tampering with required vehicle equipment, but they do not apply directly to vehicle owners. Federal law prohibits any manufacturer, distributor, dealer, or someone in the vehicle repair business from knowingly making inoperative any part of a device or element of design installed in a vehicle in compliance with a motor vehicle safety standard unless it is reasonably believed that the vehicle or safety equipment will not be used when the device is inoperative except for testing or a similar purpose during maintenance or repair (49 U.S.C. § 30122). Anyone who violates this requirement is liable for a federally-imposed civil penalty of up to $1,000 per violation to a maximum penalty of $800,000. Each vehicle or item on a vehicle that is made inoperative constitutes a separate violation (49 U.S.C. § 30165).

CONNECTICUT LAWS

Connecticut has several laws that authorize or limit the lights that can or must be displayed on motor vehicles. They generally specify what lights and reflectors must be displayed, where they must be located, how bright they must be, and what colors they must be. Other laws strictly limit the display of flashing lights.

One law requires vehicles to have stop lights that activate when the service or foot brake is applied. These lights must be displayed on the vehicle's rear and must be colored red, amber, or a shade between those two colors (CGS § 14-96r). There are two laws that generally govern the use and color of any type of flashing lights on a motor vehicle. One states that no light other than a red, yellow, amber, or white one may be displayed from the rear of a motor vehicle unless the Department of Motor Vehicles issues a written permit for it. It also specifies that certain kinds of vehicles such as those operated by fire departments, emergency medical services organizations, volunteer fire personnel and some other groups can use regular or flashing lights of certain specific colors (CGS § 14-96p).

The second law repeats many of these same restrictions with regard to flashing lights only. It prohibits any type of flashing lights on a vehicle with exceptions for turn signals, volunteer fire personnel, emergency and maintenance vehicles under permit, volunteer ambulance personnel, and ambulances. It also allows flashing or revolving yellow lights for rural mail carriers and escorts for oversized vehicles and loads traveling under special Department of Transportation permits. The law also allows fire police to use flashing red lights on a stationary vehicle while directing traffic at a fire scene.

The other exception to the law's prohibition is that a vehicle can display flashing lights that are primarily for other purposes if it is (1) on a limited access divided highway and is unable to maintain a minimum speed of 40 miles per hour, (2) is on any other highway and operating so slowly as to obstruct or endanger other traffic, or (3) is disabled at a hazardous location (CGS § 14-96q(c)).

Replacing or modifying the currently required high-mounted stop lamp with a device that makes it operate as a flashing rather than a steady red signal could by interpreted as operating a red flashing light in violation of these prohibitions and subject the vehicle owner to an infraction citation.

JJF:pa