Dear Supporters,

Today, 10 US Senators wrote a letter to NHTSA requesting information about safety features on vehicles.  One of the items relates to headlamps.  Perhaps this is an opening for us.  I sent this email to NHTSA and I will write the 10 Senators as well.

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Dear Ann Carlson, Acting Administrator, NHTSA,

I received notice of the November 15, 2022 letter from Congress to your administration (https://www.markey.senate.gov/imo/media/doc/letter_to_nhtsa_on_iija_implementation_--_november_2022pdf.pdf)  Item 6 is in regards to headlamps and section 24212 of the Infrastructure Investment and Jobs Act where Congress directs NHTSA to issue performance-based standards for headlamp systems and requiring headlamp systems to be tested for "lighting performance". (https://www.congress.gov/bill/117th-congress/house-bill/3684/text)

Congress has clearly not been made aware that NHTSA has no authority or jurisdiction over the visible radiation from electronic products, including LED headlights, and that such performance standards must be developed by the FDA, not NHTSA.  Performance standards for LED headlights would include peak luminance, spectral power distribution, particularly blue wavelength light, and flicker.  The FDA would need to publish comfort, health, and safety standards for LED vehicle headlights to protect the public.  As a reminder, FMVSS-108 is not applicable to flat surface radiation emitters such as LEDs and existing LED headlights are non-compliant with federal safety regulations.

Currently, Adaptive Driving Beam designs utilize LEDs.  Congress has also not been made aware that ADB cannot be implemented until the FDA first publishes regulations for LEDs.  It is entirely possible, based on the medical reports of injury from LED visible radiation, that LEDs cannot even be used for LED headlights due to their exceedingly high glare and because they trigger seizures, migraines, anxiety, and eye injury.  NHTSA must wait for FDA approval before authorizing ADB.

I will be writing Senator Ed Markey and the other Senators who have signed the November 15, 2022 letter to also alert them of these issues, but it is imperative that you notify Congress in your response that LED headlights have not been shown to be safe, that LED headlights do not comply with federal safety regulations, and that NHTSA is required to defer to the FDA for regulation.

I will also be publishing this letter on our change.org petition which now has nearly 35,000 signatures and comments: https://www.change.org/p/u-s-dot-ban-blinding-headlights-and-save-lives

Sincerely,

Mark Baker
President
Soft Lights Foundation
www.softlights.org
mbaker@softlights.org