I really think it's both, but more so the drivers fault for not caring or changing it. I will agree that it is wierd that the 3157/4157NALLs come in clear AND amber with no other designation to distinguish the two. I think most of the people will go, "hey its the same part number! and install it, thinking that the amber color comes from the tint or reflector in the housing (like taillights are usually red housings, etc).
Yeah that gets me too. This is one of the reasons I wish LED tails would become a requirement. Yes, they are more expensive to replace, but use less energy, emitt more light than the incandescent's, and at higher speeds (see highway), the instantaneous light equates to 7+ ft more reaction time...
Of course, this is just my opinion. As much as I hate government intervention, I really wish we'd have some stricter laws on vehicle standards ffor things like this that seem to be common sense (amber only turn signals (no red)), not to mention stricter requirements on getting drivers on the road (I'm getting sick of the asshat drivers that "drive" in the left lane). I'm not bitter about this subject at all
I've just put a lot of thought into it (since I'm a "precision driver"
)