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39A:LRS-5. Optional lamps
a. The requirements for lamps, reflective devices and associated equipment are primarily contained in Federal Motor Vehicle Safety Standard Number 108, found at 49 C.F.R. Sec. 571.108 as amended. To the extent that they are not preempted by federal law, the following additional requirements apply.
b. A motor vehicle may be equipped with no more than two auxiliary driving lamps mounted on the front at a height between 12 and 42 inches above the level surface on which the vehicle stands. An auxiliary driving lamp shall be aimed so that no part of the high-intensity portion of the beam is directed beyond the left side of the lane in which the vehicle is traveling or more than 100 feet ahead of the vehicle. When a vehicle is equipped with a front lamp projecting a beam of greater than 300 candlepower, not more than four lamps on the front of a vehicle shall be lighted at any one time upon a highway.
c. A motor vehicle may be equipped with not more than two side cowl or fender lamps, and not more than one running board courtesy lamp on each side, which shall emit a white or yellow light without glare. A motor vehicle may be equipped with a back-up lamp which shall not be lighted when the motor vehicle is in forward motion.
d. A motor vehicle may be equipped with not more than one spot lamp which may not be used for driving purposes. Every lighted spot lamp shall be aimed so as not to be dazzling or glaring to any person.
Source: 39:3-49; 39:3-51; 39:3-52; 39:3-53; 39:3-55; 39:3-56.
COMMENT
This section streamlines, consolidates and rearranges the provisions currently found in a number of different sections of the statute. Subsection (a) was added to flag the fact that there is considerable federal regulation in this area which preempts much of the current State statutory language. To this time, the statutory language has not been modified or removed to reflect the federal preemption, but it seems to be appropriate to both remove the language containing standards that are plainly obsolete and to reference the appropriate federal law.
The language “dazzling or glaring to any person” in (d) may no longer be the most appropriate phrasing.