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All Lighting used on
our roadways is mandated to comply to specific Federal Regulations.
In the case of Vehicle Lighting, everyone involved with the process
of supplying the Public with mandated Vehicle Lighting … either used on new
Vehicles or Replacements for mandated lighting, must comply to all facets
Federal Motor Vehicle Safety Standard #108. FMVSS #108 can be studied
in detail on the Web under
www.nhtsa.gov … or we can send you one of our “Consolidated (with
comments) Copies” at your request.
The
mandated regulations spelled out in FMVSS #108 are based upon original NHTSA
and SAE human traffic reaction tests that resulted in NHTSA
establishing minimal “Candela Outputs and Directions”, plus
minimal “Effective Projected Luminous Lens Area” to assure
adequate levels of “Conspicuity”* for all “Presence” and “Signaling”
lighting. Furthermore, FMVSS #108 also established mandates for the
Testing of materials used in lighting and reflective devices to
assure Longevity. This includes testing to see how lighting
devices perform under normal outdoor physical circumstances so as to
assure the Public a reasonable product Lifespan.
*”Conspicuity” is the Main Objective Goal for
all Lighting Laws
If a
Vehicle Manufacturer or Distributor/Dealer or Installer has anything
to do with mounting Non Compliant Lighting Products on a “suspect
vehicle” involved in a crash … they can be named as Defendants in
any resultant traffic collision lawsuits
… making them liable (wholly or partially) for any damages,
injuries and/or deaths involving Non Compliant Lighting that they
supplied the public, either directly or indirectly.
The
attached
“National Association of Trailer Manufacturers” (NATM) Articles show
that trailer manufacturer trade groups as well as Liability Insurance
Companies are now warning their members and clients of avoidable
“Liabilities, but so far, these warnings are generally being
ignored.
When
Federal Law mandates that minimal Photometric Outputs* must be maintained
and also mandates the specific directions and Effective Projected Luminous
Lens Area for these minimal outputs … this represents enforceable
Law that any Civil Lawyer expert can use against your Company to
point out in Court Non Compliances to FMVSS #108 that any number of
Defendants supplied the public, which could have partially or wholly caused
Damage, Injury, or Death, resulting in being required to give the
Plaintiff’s as much money as the Lawyer and his client can get approved by
an almost always sympathetic Judge or Jury. *measured
in “Candelas”
Of course, we are all aware that pleading to a Judge or Jury you were
unaware of the law being cited has always proven to be a futile
defense, so this way of trying to rationalize any Non Compliancy
associated with Vehicle Lighting in question is not an option.
Currently, three major violations of FMVSS #108 mandates are blatantly
being practiced in the U.S. They are:
1.
NON
COMPLIANCY to “Effective Projected Luminous Lens Area” Mandates:
11-5/8in²
of Effective Projected Luminous Lens Area* (EPLLA) is mandated for all
Brake and Turn Signals on all vehicles over 80 inches in width
…7-3/4in² of “EPLLA” is mandated for vehicles under 80 inches in
width.
*See attached definitions
and attached recent letter from NHTSA to me pertaining to EPLLA
2.
UNTESTED LENS/REFLECTOR MATERIALS:
We know that practically all Lenses and
Reflector materials used in Imported Lights (and associated components) are
not backed with credible proof showing compliance with the FMVSS
#108 mandated 3-Year Outdoor Fading, Heat, and Warping Testing.
Ask Lighting Vendors for this proof! … and
see what you get!
3.
LOW
PHOTOMETRICS for Brake and Turn Signals!
Seven out of Ten
recently Federally tested “LED” Brake/Turn Lights grossly failed
FMVSS #108 Photometric Testing … therefore, requiring Recalls, while
at the same time, implicating all persons and companies involved
with the installation and use of these Recalled Lights, and making
everyone involved liable for any current or future adverse results.
Realize that since Recalls typically
retrieve very few of the targeted Non Compliant Lights or Reflectors …
where the remaining non Recalled Lighting extends Liability to all involved for the
life of these “Illegal” Lights.
Several FMVSS #108 mandates are
currently being violated all over the U.S. and are causing long term
Liability for all involved this Liability cannot be wished
away. Also, we all know … violations of any Law cannot be defended
in any Court … using the excuse … “EVERYONE ELSE IS DOING IT”!
Bottom line – our Company,
Peterson®, Grote®, Truck Lite® have been required to comply with FMVSS
#108 mandated Law for the past 38 years and now these Laws are
being allowed by NHTSA … to be ignored by practically all Importers
and recently, by some American Lighting Manufacturers as well.
Sierra Products
Inc. 1113 Greenville Road Livermore, CA 94550 Tel
(925) 443-3140
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