OOSC, Part II, Item 9. Lighting Devices - Inoperative/Missing

When a required lamp on a CMV is operational, but not mounted in accordance with 49 CFR 393.11, a violation occurs, but does that constitute an out of service violation? For example, a headlamp must be mounted not less than 22" and not more than 54" high. If the headlamps are mounted outside of those parameters, a violation of 393.11 exists. If headlamps are required to be on at the time of inspection, is the vehicle out of service? If the lamps are mounted at the proper location but do not comply with the required color (e.g., blue headlamps) is the answer the same? Stop lamps are required to be mounted at the same level between 15 inches and 72 inches high. If the brake lamps are mounted at 86", should the vehicle be declared out of service? The situation that gives rise to this question is a carrier who had three dump trucks (2020 Peterbilt) modified by a third party upfitter and requested they be fully compliant with the FMCSRs. Unfortunately, the person who mounted the lamps failed to comply with the 393.11 requirements and mounted the rear lamps on the dump bed at 86" high.

Enforcement personnel are split on whether a vehicle should be declared out of service when a lamp is present and operable, but mounted outside the parameters of 49 CFR 393.11. Therefore, some personnel may declare a vehicle out of service for a lamp or set of lamps mounted too high, where others may only record a violation. One side argues the lamps are present and functional, so it should just be a violation. The other side argues the lamps do not comply with the table in 393.11, and as such, are considered to not be present, therefore the vehicle should be declared out of service. It may not seem serious on a roadside inspection but when a low profile vehicle driver is unable to see lamps mounted too high, fails to stop and crashes into a vehicle, it will become a serious issue. When the committee makes a decision, I believe there are multiple elements to consider for this question and whether it's a universal answer or varies based on these elements of 393.11: 1. Height (too high or too low) 2. Color 3. Position (at the same height, as far apart as practicable)

Clarify when a lamp is operable but mounted outside the requirements in 393.11 is a violation only or an out of service condition. Either way, a note in the out of service criteria would be helpful. OPTION 1 (if OOS is the decision): NOTE: Any lamp not in compliance with 393.11 requirements (e.g., height, color, position) is considered missing and shall be declared out of service if the out of service condition is met. OR OPTION 2 (if OOS is NOT the decision): NOTE: Any lamp not in compliance with 393.11 by being mounted too high or too low is only a violation of 393.11, but shall not be declared out of service as long as it is otherwise operable.