Dear Supporters,
I was notified by a supporter of the following federal regulatory petition by Tesla. (https://www.federalregister.gov/documents/2024/07/26/2024-16481/tesla-inc-receipt-of-petition-for-decision-of-inconsequential-noncompliance). The petition relates to headlights and FMVSS-108. This is a marvelous opportunity for our supporters to submit a public comment. Click on the link above, and you will see a green button in the upper right corner that says, "SUBMIT A PUBLIC COMMENT". Below is the comment from the Soft Lights Foundation.
-----------------------
Dear NHTSA,
The petitioner, Tesla, claims, "Tesla has not found any complaints or reports of accidents or injuries related to this noncompliance in its records or NHTSA Vehicle Owner Questionnaires. While Tesla acknowledges that this fact is not dispositive in the consideration of a petition for inconsequential noncompliance, it mentions this to illustrate that customers have not reported issues such as excessively bright or glare, and no accidents or injuries have been attributed to the subject headlamps." At best, this statement is misleading. At worst, this statement is fraudulent.
Over 64,000 individuals have signed the petition to Ban Blinding Headlights! (https://change.org/p/u-s-dot-ban-blinding-headlights-and-save-lives/ Tesla and NHTSA are both well aware of this petition which clearly demonstrates that LED vehicle headlight technology is defective and dangerous. (petition comments are attached).
The Reddit site r/fuckyourheadlights contains thousands of photos and video evidence proving that LED vehicle headlight technology is defective and dangerous. (see attached document).
FMVSS-108 Table XIX-a contains many locations that currently allow unlimited intensity. The reason for this is because Tesla never petitioned NHTSA to be authorized to use LED headlight technology, and consequently, NHTSA never updated Table XIX-a with the necessary limits on intensity and spectral power distribution associated with LED technology. Tesla's Petition for Decision of Inconsequential Noncompliance ignores the debilitating glare caused by LED headlight technology in those areas of Table XIX-a where there are no current limits.
49 U.S.C. 30118(c)(1) states, “A manufacturer of a motor vehicle or replacement equipment shall notify the Secretary by certified mail or electronic mail, and the owners, purchasers, and dealers of the vehicle or equipment as provided in section 30119(d) of this section, if the manufacturer learns the vehicle or equipment contains a defect and decides in good faith that the defect is related to motor vehicle safety.”
49 U.S.C. 30118(c)(1) thus requires that Tesla act in good faith, notifying NHTSA, dealers, and customers that LED headlights are defective and dangerous. Tesla's submission of a Petition for Decision of Inconsequential Noncompliance is an act of bad faith because Tesla is already well aware that LED vehicle headlight technology has never been approved by NHTSA, and that NHTSA has never updated FMVSS-108 to set the required limits that relate to LED technology and directed energy light sources.
Therefore, not only must NHTSA deny Tesla's Petition for Decision of Inconsequential Noncompliance, NHTSA must notify Tesla that it is required to comply with 49 U.S.C. 30118(c)(1) and notify NHTSA, dealers, and owners that Tesla's LED vehicle headlights are defective and dangerous as indicated by the thousands of comments and 64,000+ signatures on the Ban Blinding Headlights! petition and the thousands of photos and videos posted on the Reddit site r/fuckyourheadlights.
Sincerely,
Mark Baker
President
Soft Lights Foundation