Third Brake Lights Laws

If there is something that confuses people more than third brake lights laws, it is difficult to know what it is. In this article, we take a stab at bringing some clarity to the subject.

What is a third brake light? It is that additional brake light in the rear of your car. It is considered a safety feature of the car. Legislation was passed during the Presidency of Ronald Reagan that required the third light laws to be included on every new car built beginning in 1986.


Most trucks already had this requirement in separate legislation. The light truck did not, which created a loophole on the requirement. The loophole was eventually closed in 1994 with further legislation designed to address the issue.

While the third brake light laws are designed to force manufacturers to include the lamps in every new vehicle, there is not standard for car owners. This is why older cars do not have them. No retrofit was every required. Moreover, there is not federal law regarding enforcing the third brake light law against drivers. Instead, the issue is left to the states.

As you can imagine, the states all have different requirements regarding the third light law issue. Some don’t require it to be working and seem to imply that you can actually remove it. Others, like California, will give you fix it tickets for not having the light in working order. Most states falls somewhere along this scale.

In summary, manufacturers are required to include third brake lights on all new cars as a safety feature. States then regulate the duty, if any, drivers have to keep them functioning.

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