Headlight modulator

A headlight modulator is not a flashing light.
A modulator cycles the head light from maximum intensity to a lower intensity at a pre set rate (cycle).

A flashing light cycles on to off, or in the case of a rotation beacon... visible to not visible
Flashing lights are only legal on police, emergency, ambulance, and other vehicles which may be approved by Transport Canada.

Transport Canada (Federal) regulations are applicable to all provinces.
Here's the regulation from Webbikeworld that also has a link for the 'Version Francaise'.
http://www.webbikeworld.com/Motorcycle- ... canada.htm
And here's a link to Transport Canada official regulation, Section S7.9 Motorcycles, sub section S7.9.4.1 Motorcycle Headlamp Modulation System.
http://www.tc.gc.ca/eng/roadsafety/safe ... Toc%20S7.9

Federal Regulations apply to all Provinces, and (as I understand it) cannot be superseded by Provincial or Municipal regulations unless such regulations are notated within the Federal Regulations as exceptions.

Edit: Wig Wag headlights are not considered to be Modulating Headlights. Their use is limited to police and emergency vehicles only.

MJR said:

States can make their own regulations and inforce them independant of Federal laws. California has various vehicle regulations. http://www.dmv.ca.gov/pubs/vctop/vc/vc.htm

Click to expand...

Excerpts from link in my previous post.

This Federal law supersedes all state laws and makes motorcycle headlight modulators legal in all 50 states. FMVSS 108 (Federal Motor Vehicle Safety Standards) (49 CFR Part 571.108 S7.9.4) allows motorcycle headlight modulation systems all 50 states provided they comply with the standards set forth in this section.

Title 49 USC 30103 (b1) (US Codes) prohibits any state from forbidding a system that conforms to FMVSS 108

Title 49, United States Code, Chapter 301 Motor Vehicle Safety. This law prohibits states from forbidding a system that complies with FMVSS 108.

PREEMPTION

When a motor vehicle safety standard is in effect under this chapter, a State or a political subdivision of a State may prescribe or continue in effect a standard applicable to the same aspect of performance of a motor vehicle or motor vehicle equipment only if the standard is identical to the standard prescribed under this chapter. However, the United States Government, a State, or a political subdivision of a State may prescribe a standard for a motor vehicle or motor vehicle equipment obtained for its own use that imposes a higher performance requirement than that required by the otherwise applicable standard under this chapter.

A State may enforce a standard that is identical to a standard prescribed under this chapter.

You heard it here first !!!
Cherie was correct about modulators not approved in Quebec - but that is about to change as of yesterday.

Emails between myself, Transport Canada, and Quebec SAAQ.


Sent: Tuesday, March 26, 2013 12:29 PM
To: [email protected]
Subject: Motorcycle Headlight Modulators.

Headlight Modulators are approved under Transport Canada Technical Standard S7.9, sub para. S7.9.4.
http://www.tc.gc.ca/eng/roadsafety/safe ... Toc%20S7.9
It has been my understanding that this standard applies to, and is legal in, all Provinces.
Recent reports from Quebec motorcyclists indicate that modulators have been declared illegal in that Province.
After an exhaustive search of Gov. of Quebec web sites, and many other sources I can find no definitive regulation on this subject.
My question ..... does Transport Canada Standard S7.9 apply in Quebec, or can any Province change / over rule this standard?

From: Zongora, Peter
Sent: Monday, April 08, 2013 12:28 PM
Subject: RE: Motorcycle Headlight Modulators. attn. Peter Zongora

Your attached email has been passed to me for a response.
The federal regulations under the Motor Vehicle Safety Act apply to manufacturers of new vehicles. In-use standards such as tire wear and lamp are functioning are within the jurisdiction of the provinces. There are some rare cases however, where a province does not allow a vehicle or vehicle feature that is in compliance with federal legislation to be used in that province. We have not heard that motorcycle headlamp modulation is prohibited in Quebec. We have a contact at the provincial transportation level that you can try asking, Mr. Mark Baril ([email protected]).
Sincerely,
Peter Zongora
Senior Regulation Enforcement Officer / Agent principal de l'application des règlementation
fax/ télécopieur (613) 998-8541 | [email protected]
Transport Canada 275 Slater (ASFABA) Ottawa (Ontario) K1A 0N5
Transports Canada 275 Slater (ASFABA) Ottawa (Ontario) K1A 0N5
Government of Canada Gouvernement du Canada

Envoyé : 8 avril 2013 14:06
À : Baril, Mark
Objet : Fw: Motorcycle Headlight Modulators.
Mr. Baril.
Please refer to my previous correspondence with Transport Canada re. use of motorcycle headlight modulators.
Could you please clarify / confirm the policy regarding the use or prohibition of motorcycle headlight modulators in the Province of Quebec?
If you have any links to publications or regulations pertaining to this matter, it would be much appreciated.



Mr Walters,
The modulator is freshly accepted in Quebec and the SAAQ will even recommend its use !!
Yesterday, the SAAQ released a report made by a Quebec’s motorcycle safety committee. The recommendation number 2 of that committee deals with the modulator.
You can access the report by following this link. Unfortunately the report is currently available in the French language only.
http://www.saaq.gouv.qc.ca/documents/do ... e_moto.php
Have a nice day,
Mark Baril, ing. | Service de la sécurité des véhicules et du transport | Société de l'assurance automobile du Québec | 333 boul. Jean-Lesage, C-4-21 | Québec (QC) | G1K 8J6 | Tél.: 418 528-3503