Camaro5 Chevy Camaro Forum / Camaro ZL1, SS and V6 Forums - Camaro5.com
 
Roto-Fab
Go Back   Camaro5 Chevy Camaro Forum / Camaro ZL1, SS and V6 Forums - Camaro5.com > Technical Camaro Topics > Cosmetics and Lighting Modification Discussions


Reply
 
Thread Tools
Old 07-20-2018, 12:19 PM   #15
Coleroad
 
Drives: 13 Camaro
Join Date: Oct 2016
Location: Colorado
Posts: 195
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.

Last edited by Coleroad; 07-20-2018 at 12:29 PM.
Coleroad is online now   Reply With Quote
Old 07-20-2018, 01:07 PM   #16
KenKat
 
KenKat's Avatar
 
Drives: 2014 2LT RS Summit White
Join Date: Apr 2017
Location: Cincinnati
Posts: 228
Quote:
Originally Posted by Coleroad View Post
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.
KenKat is offline   Reply With Quote
Old 07-20-2018, 08:19 PM   #17
TheFlyingBananaSS

 
TheFlyingBananaSS's Avatar
 
Drives: 2013 Camaro 2SS
Join Date: Feb 2017
Location: Long Island, NY
Posts: 1,036
Quote:
Originally Posted by CamaroFred View Post
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.
__________________
TheFlyingBananaSS is offline   Reply With Quote
Old 07-21-2018, 09:36 AM   #18
KenKat
 
KenKat's Avatar
 
Drives: 2014 2LT RS Summit White
Join Date: Apr 2017
Location: Cincinnati
Posts: 228
Quote:
Originally Posted by TheFlyingBananaSS View Post
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.
KenKat is offline   Reply With Quote
Old 07-21-2018, 11:17 AM   #19
TheFlyingBananaSS

 
TheFlyingBananaSS's Avatar
 
Drives: 2013 Camaro 2SS
Join Date: Feb 2017
Location: Long Island, NY
Posts: 1,036
Quote:
Originally Posted by KenKat View Post
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.
__________________
TheFlyingBananaSS is offline   Reply With Quote
Old 07-21-2018, 02:09 PM   #20
KenKat
 
KenKat's Avatar
 
Drives: 2014 2LT RS Summit White
Join Date: Apr 2017
Location: Cincinnati
Posts: 228
Quote:
Originally Posted by TheFlyingBananaSS View Post
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.
KenKat is offline   Reply With Quote
Old 07-21-2018, 11:55 PM   #21
TheFlyingBananaSS

 
TheFlyingBananaSS's Avatar
 
Drives: 2013 Camaro 2SS
Join Date: Feb 2017
Location: Long Island, NY
Posts: 1,036
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.
__________________
TheFlyingBananaSS is offline   Reply With Quote
 
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 03:10 PM.


Powered by vBulletin® Version 3.8.9 Beta 4
Copyright ©2000 - 2018, vBulletin Solutions, Inc.