Lighting technology has entered a new dimension. Light emitting diodes, for example, are blazing a new path from taillamps to headlamps. Car lamps can now produce light beams that bend around corners, lengthen when the car is going fast and shorten and widen when the car slows down. The aftermarket industry is on the leading edge of these technological advances that promote safety and provide styling alternatives for new lighting products. Much of this innovative aftermarket equipment for cars, trucks and SUVs provides greater road illumination and creates increased visibility. Federal and state regulators are working to keep current with these advances and also confirm that new products comply with existing regulations.
The National Highway Traffic Safety Administration (NHTSA) is the federal agency that regulates original and aftermarket motor vehicle lighting products, including newer technologies coming into the marketplace. Attention has been focused on non-compliant High Intensity Discharge (HID) conversion kits that may produce glare and restyled combination lamps that are missing required functions existing on the original equipment lamps. Certain clear taillamp covers, marker lamps, certain "blue" headlamp bulbs and other equipment has also been subject to scrutiny.
Optional lighting equipment (non-federally required) is not prohibited by federal law, but is sometimes regulated by the states. Many states establish optional lighting restrictions through the authority of the state police or the state transportation agency.
State Regulation
State-level enforcement of federally required lighting equipment can not deviate from what is prescribed by the federal government. This is called federal preemption. However, states are free to enact and enforce safety and equipment regulations which are identical to the federal safety standards. States also have jurisdiction to enact and enforce vehicle equipment and safety regulations covering equipment not regulated at the federal level, such as "optional" or "accessory" lighting equipment. Some states prohibit a vehicle from being equipped with a lamp or lighting device unless such lamp or lighting device is expressly required or permitted by law or regulation. Other states may regulate optional lighting equipment for maximum candlepower, location and placement, aim of light beam and the times, places and conditions under which the lamps or lights may be used. They may prohibit the use of flashing, oscillating, modulating or rotating lights of any color while the vehicle is being operated on a public highway.
Still other states only allow optional lighting equipment that was developed and installed by the original equipment manufacturers (OEMs). This OEM lighting equipment meets no standards except those established by the manufacturers themselves. These lamps are often of the same or greater intensity than those developed and installed by the aftermarket and frequently aimed and positioned similarly. In this way, these states unfairly discriminate against the installation and use of aftermarket lamps.
Reminder: while it is illegal to market a product that does not comply with a Federal or State law, it is not illegal for the individual to install the product on their own vehicle. However, the motorist may be issued a citation or the vehicle may fail inspection.