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I thought you folks might be interested in this- it turns out these 3rd brake light blinkers are not legal, nor are they likely to be soon. Mercedes Benz did indeed try to introduce the feature, but was rejected by the NHTSA. This information comes from the Aug05 issue of Roundel magazine.
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Interesting, I wonder if the motorcycle laws are differnet. All of the police motorcycles here in Nevada have blinking brake lights.