Third Brake Light Issue

[Coleroad]

This should answer how courts view this. This has set a precedent for future cases.https://caselaw.findlaw.com/mn-court...s/1246780.html

So basically it fits under the law that all states have, that all safety devices must be functional.
You get rear ended, and your third brake light isn't functional you can be held partially responsible. Someone like myself with a dash cam would be able to easily prove that.

[KenKat]

Originally Posted by Coleroad

This should answer how courts view this. This has set a precedent for future cases.https://caselaw.findlaw.com/mn-court...s/1246780.html

So basically it fits under the law that all states have, that all safety devices must be functional.
You get rear ended, and your third brake light isn't functional you can be held partially responsible. Someone like myself with a dash cam would be able to easily prove that.

Laws will vary by state and while one case in the Minnesota Court of Appeal did take a position on this, it may not be applied in the same way in other states.

That saiid, it’s probably better to have all lamps working than not working as you really don’t want to have any reason to get pulled over, valid or not.

[TheFlyingBananaSS]

Originally Posted by CamaroFred

If someone tells you that they are mistaken. You need one working brake light on each side of the car. And they can double as a turn signal. Now, some LEOs might have an issue that if you have what appears to be a brake light, it should act like a brake light. But the law doesn't say you need a third brake light. No more than the law says you should have daytime running lights.

Actually it's does say you need a third. In fact, it also says it must be a minimum of 3 inches higher than the other brake lights.

[KenKat]

Originally Posted by TheFlyingBananaSS

Actually it's does say you need a third. In fact, it also says it must be a minimum of 3 inches higher than the other brake lights.

That is a manufacturing requirement imposed at the federal level; states are not obligated to enforce that.

[TheFlyingBananaSS]

Originally Posted by KenKat

That is a manufacturing requirement imposed at the federal level; states are not obligated to enforce that.

Federal law always supercedes state law. States can choose if they want to enforce it but that doesn't mean it's not "law". How many times have we seen a police officer walk by acquittal in state supreme court only to be tried at a federal level afterwards? In a way it's legal double jeopardy. But the overriding point is states are supposed to follow all federal mandates and laws.

[KenKat]

Originally Posted by TheFlyingBananaSS

Federal law always supercedes state law. States can choose if they want to enforce it but that doesn't mean it's not "law". How many times have we seen a police officer walk by acquittal in state supreme court only to be tried at a federal level afterwards? In a way it's legal double jeopardy. But the overriding point is states are supposed to follow all federal mandates and laws.

Yes, it is a federal law that applies specifically to manufacturing. States are obligated to follow it when manufacturing cars in their state but it doesn’t pertain to function of the light while driving so there is no obligation by states to enforce that.

The 10th Amendment states: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The manufacturing law likely falls under interstate commerce which is a power specifically granted to the federal government. A federal law pertaining to the operation of the light while driving (which I don’t believe exists) would be on far shakier ground in my opinion but that is why we have courts.

[TheFlyingBananaSS]

That is a possibility, true. In the long run, it's your car so do as you guys wish. Myself, I've learned from experience to limit legal issues by not giving them a reason to pull you over in the first place by having all lights working and not tinting my windows. The Marine Corps license plate holder and rear window decal with veteran plates seal the deal for me lol. I've had them run up on my tail only to back off once they got close enough to read. And I only use a front plate when entering NYC.