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Rear Center High Mount Stop Light Fails Virginia State Safety Inspection

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Here's a new one, I think. I went to get my '21 Model Y its annual safety inspection in Virginia and it failed because the inspector was unable to see the center high mount stop light as it was obscured with window tint (factory installed). Of course, it was visible with the brake lights on, but he wanted to see it at all times. The vehicle inspection manual for Virginia states that "No sticker or other foreign material shall be affixed to the vehicle in such a manner so as to obscure the center high mount stop lamp..." and the factory tint does obscure the light. The inspector expects me to make an issue out of it with Tesla and have them initiate a recall. Right. Anyway, I went to a different inspection site, and they passed it after discussing the situation with the state police. Basically, the state police told the 2nd inspector that as long as the tint is factory installed, pass the inspection. But I had to pay for two inspections, and waste the better part of a day to get it done. I certainly hope I don't have to go thru this hassle every year!
 
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Of course, it was visible with the brake lights on, but he wanted to see it at all times. The vehicle inspection manual for Virginia states that "No sticker or other foreign material shall be affixed to the vehicle in such a manner so as to obscure the center high mount stop lamp..."
Why would the third brake light need to be seen when it is not illuminated by braking? That’s just dumb.

The prohibition on anything obscuring the high mount stop lamp (third brake light) is probably to prevent the illuminated lamp from being blocked from view of other drivers when the brakes are applied. If it lights up when brakes come on (regen or manually applied), and all three brake lights can be clearly seen, it should pass. A little common sense (Virginia inspection manual authors, not OP) goes a long way.
 
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Here's a new one, I think. I went to get my '21 Model Y its annual safety inspection in Virginia and it failed because the inspector was unable to see the center high mount stop light as it was obscured with window tint (factory installed). Of course, it was visible with the brake lights on, but he wanted to see it at all times. The vehicle inspection manual for Virginia states that "No sticker or other foreign material shall be affixed to the vehicle in such a manner so as to obscure the center high mount stop lamp..." and the factory tint does obscure the light. The inspector expects me to make an issue out of it with Tesla and have them initiate a recall. Right. Anyway, I went to a different inspection site, and they passed it after discussing the situation with the state police. Basically, the state police told the 2nd inspector that as long as the tint is factory installed, pass the inspection. But I had to pay for two inspections, and waste the better part of a day to get it done. I certainly hope I don't have to go thru this hassle every year!
???
Virginia defers to federal
https://law.lis.virginia.gov/vacode/title46.2/chapter10/section46.2-1014.1/

§ 46.2-1014.1. Supplemental high mount stop light.​

A. Whenever operated on the highways, every Virginia-registered passenger car manufactured for the 1986 or subsequent model year shall be equipped with a supplemental center high mount stop light of a type approved by the Superintendent or which meets the standards adopted by the United States Department of Transportation.

and FMVSS 108 sets the requirements. The high mount stop lamp is not a reflective device.

S14.4 General test procedures and performance requirements. S14.4.1 Color test. The requirement applies to the overall effective color of light emitted by the device and not to the color of the light from a small area of the lens. It does not apply to any pilot, indicator, or tell-tale lights. The color of the sample device must comply when tested by either the Visual Method or the Tristimulus Method.
S14.4.1.2 General procedure. S14.4.1.2.1 The device must be operated at design voltage.
SmartSelect_20230803_100516_Firefox.jpg
 
In fairness you see a lot of people purposely put things over that light, like the name of the university they supposedly attended. I'm all for prohibiting that


and if I'd written the rule, that center light would be offset - so it was directly in front of the following driver. Seems like that would make more sense