> Subject: Modulating Headlights and State Troopers
>
>
> Hey Henry, explain man, explain !!!!
>From the mid 80s to 1999, the state of Maryland has maintained that
modulated headlights are illegal. They were confusing modulated headlights
and flashing headlights. State law holds (like many states) that flashing
lights on the front on NON emergency motor vehicles are illegal--and so they
are. However, since the early 80s, modulated headlights have been covered
by a FEDERAL Motor Vehicle Safety Standard (FMVSS), specifically #108,
paragraph S7.9.4, which states that modulating headlights are not only OK,
they come under a FMVSS and as such states cannot pre-empt them unless the
state standard is higher than the Federal standard (Title 49 of the U.S.
Code, section 30103, paragraph 1).
In 1998 I wrote to Anne Ferro, administrator of the MD MVA (and a very big
fan of the Maryland Motorcycle Safety Program) and asked her to change the
law, because according to the regulations the MVA administrator can do that.
She suggested that instead of her doing it by administrative fiat, I go
through channels, which would be the State Police as they are in charge of
such things. I wrote a letter to the commandant of the Maryland State
Police (MSP) asking what their position was on modulated headlights, and it
was forwarded to the Automotive Safety Enforcement Division. The commander
of that division said that modulated headlights were illegal under
Maryland's flashing headlight law. I pointed out to him that modulators are
covered by a FMVSS which states cannot simply ignore. I also asked NHTSA to
get involved because of they would be the ones carrying the 'big stick' to
get MD back into line. An attorney, by the name of Taylor Vincent, in the
lighting compliance office, helped the MSP and the attorney general's office
understand the requirements (which were pretty clear to me) and some 9
months later I received a letter stating that although MD was not required
to adhere to all FMVSS, they would adhere to the modulator requirements.
(My question, never asked, was: "OH, and which FEDERAL MVSS do you think
Maryland is NOT required to adhere to?"). It took over 9 months, but was
worth the wait. Not to beat my own drum, but now thanks to me, you can
legally use a modulator in the state of Maryland--where we don't have to
adhere to all FMVSS, just some of them--yeah, right!
So this past Saturday, on my way north on I95 to Baltimore for a Motorcycle
Safety Program Instructor's workshop, I was pulled over by a trooper who
proceeded to tell me my "flashing headlight" was illegal. I explained to
him that it was not flashing, but being modulated and as such was totally
legal, being that flashing and modulating are different by definition. I
told him I had a letter from the state police which said so, and he gave me
the time I needed to get home and fax the info to him. No charges will be
filed.
I am in the process of composing a letter to the Commander of the State
Police asking why the changes regarding the modulator issue have not been
included in the most recent issue of the MD Transportation Articles (the
list of laws that all traffic cops carry with them). I am also asking that
he notify all police in the state who do traffic enforcement be made aware
of the changes and that the Transportation Articles be amended at the
earliest possible opportunity. Copies of the letter when it is finished
will go to all interstate parties.
For the rest of you out there, don't ever let a state tell you that a
headlight modulator ON A MOTORCYCLE is illegal. It isn't. If they tell you
it is illegal, let me know and I'll put you in touch with the folks at NHTSA
who'll straighten them out, though it may take awhile.
Regards,
Henry S. Winokur
94 GTS1000, AMA, MRF,
Nationally Certified Riding Instructor
West Bethesda, MD USA
