Were vehicle underglow and briefly flashing brake lights allowed under South Carolina law in 2006?

Plain-English summary

In 2006, the South Carolina Attorney General said it knew of no statute specifically forbidding neon or fluorescent bulbs shining from a vehicle's undercarriage onto the road. That was conditional: the installation still had to meet the general vehicle lighting provisions, and the color could not violate restrictions such as the ban on a visible blue light on an ordinary vehicle or a red or blue light visible directly from the front.

The same letter considered brake lighting that flashed briefly before becoming steady. The Attorney General read the flashing-light statutes as generally prohibiting such lights outside authorized uses, including emergency vehicles, school buses, turn signals, and hazard warnings. It did not declare a particular product compliant after inspecting it.

Currency note

This opinion was issued in 2006. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did the opinion find a blanket ban on colored undercarriage lights?
A: No. It found no specific prohibition, while emphasizing the other color and installation rules still applied.

Q: Could a non-emergency vehicle display blue underglow visible outside?
A: The opinion quoted a South Carolina rule forbidding a visible blue light except one used primarily for law enforcement purposes.

Q: Were briefly flashing brake lights generally allowed?
A: The Attorney General said the statutes generally prohibited flashing lights except for listed vehicles and signaling or hazard uses.

Background and statutory framework

The opinion drew on two earlier Attorney General opinions about undercarriage bulbs and reviewed general vehicle equipment statutes. It separated lights shining below a vehicle from a device that flashes and then becomes steady. Its conclusion depended on the particular installation, visible color, and statutory exception involved.

Citations and references

The linked opinion quotes South Carolina motor-vehicle lighting provisions on colors, stop lights, flashing lights, and hazard signals as they stood in 2006.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/august-8-2006/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/06aug8mcnair.pdf

Original opinion text

HENRY Mc:MASTER
A:rroRNEY GENERAL

August 8, 2006

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Chief Charles E. McNair
Director, Cayce Department of Public Safety
Post Office Box 2004
Cayce, South Carolina 29171
Dear Chief McNair:
In a letter to this office you questioned the legality of colored neon or fluorescent bulbs that project from the undercarriage of a vehicle to the ground below.

Enclosed are copies of two prior opinions of this office which basically indicate that we are unaware of any statutes directly prohibiting such lights " ... as long as they are installed in a manner consistent with the provisions of Chapter 5, Article 35 of Title 56 (i.e. 56-5-4410 through 56-5-5150)." Reference made be had to these specific provisions regarding the installation of lights generally. Of course, other provisions forbid the use of certain colors oflights. For instance, pursuant to S.C. Code Ann. § 56-5-4700, "(i)t shall be unlawful for any person to possess or display on any vehicle any blue light that is visible from outside the vehicle except one used primarily for law enforcement purposes." Also, S.C. Code Ann.§ 56-5-4830 states that "[a] person shall not drive, move, or park any vehicle or equipment upon a highway with a lamp
·or device on it displaying a red or blue light visible from directly in front of the center of it." These two statutes, along with any others that forbid the use of a particular color of light on a vehicle, should be considered in evaluating a particular situation where neon or fluorescent bulbs are used on vehicles. Again, we are unaware of any statutes that specifically prohibit the use of such as Long as they are not installed or use colors oflights inconsistent with other statutory provisions. You also questioned whether there are any statutes which prohibit flashing lights that flash for a short period of time before presenting a steady beam oflight. You stated that in the situation that prompted your question, such products are used in association with brake lighting.

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ChiefMcNair
Page2
August 8, 2006

Generally, pursuant to S.C. Code Ann. § 56-5-4730 "[a]ny motor vehicle may be equipped, and when required under this chapter shall be equipped, with the following signal lamps and devices: ( 1) a stop light on the rear which shall emit a red or yellow light and which shall be actuated upon application of the service (foot) brake .... " Previously referenced Section 56-5-4830 deals with lamps or types oflighting on motor vehicles. For the purposes of your question, the operative part of this statute is as follows: Flashing lights are prohibited except on an authorized emergency vehicle, school bus, snow-removal equipment or on any vehicle as a means of indicating a right or left tum or the presence of a vehicular traffic hazard requiring unusual care in approaching, overtaking or passing. S.C. Code Ann.§ 56-5-4740 states that a vehicle may be equipped with lamps used for the purpose of warning the operators of other vehicles of the presence of a vehicular traffic hazard. The lamps used to display such warning are described as displaying "simultaneously flashing" lights of the colors specified by such provision. Also, previously referenced Section 56-5-4 700 restricts the use of flashing lights to school buses and authorized emergency vehicles. Therefore, in response to your question regarding the use of flashing lights, upon review of the various statutory provisions, it appears that such provisions generally prohibit the use of flashing lights on vehicles other than in the circumstances authorized by various statutory provisions, such as specific types of vehicles (authorized emergency vehicles, etc.), tum signals or alerting to a hazardous vehicle. With kind regards, I am, Very truly yours,

Charles H. Richardson
Senior Assistant Attorney General
REVIEWED AND APPROVED BY:

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Robert D. Cook
Assistant Deputy Attorney General