ID: 10804RWKM

January 26, 1996

Mr. Bill Bristol Treadway America, Inc. 1633 East Vine Street, Suite 123 Kissimmee, FL 34744

Dear Mr. Bristol:

This responds to your request for a letter from the National Highway Traffic Safety Administration (NHTSA) stating that tires with the letters "DOT" molded onto or into the sidewalls comply with all Federal motor vehicle safety standards (FMVSS). In the United States, Federal law requires tire manufacturers to certify that tires sold or imported into the United States comply with all applicable FMVSSs. There is no provision in the law for prior certification or approval by NHTSA, the United States agency responsible for the law's implementation. NHTSA enforces compliance with the safety standards by randomly inspecting tires and certification documentation, and by testing selected tires to ensure the validity of the tire companies' self-certification programs.

In response to your request, NHTSA states that all motor vehicle tires of any type or size manufactured by any of the following manufacturers and bearing the symbol "DOT" are recognized by the United States as having been certified by the manufacturers as being in conformity with all applicable FMVSSs:

Dunlop Tire Corporation (including Remington and Centennial) Bridgestone/Firestone, Inc. Michelin (including PBM, Top A Private, Liberator, Defender, and Sears) General Tire (including Neral, GPX, HS Blem, and Semperit) Hercules (including Merit) Siam (including Mustang, Aswin, Extra Mileage, and Bus Special) Electra (including Esprit, Ironman, Turbo HP9000H, and Apache) Stomil (including Winchester) Vikrant

Any questions or requests for additional information regarding this matter may be directed to Walter Myers of my staff at this address or at (202) 366-2992.

Sincerely,

Samuel J. Dubbin Chief Counsel

Ref:571 d:1/26/96

ID: 10811

Mr. Stephen M. Padula
Industry Standards and
Government Regulations
Uniroyal Goodrich Tire Company
P.O. Box 2501
Greenville, SC 29602

Dear Mr. Padula:

This responds to your letter of March 21, 1995, in which you asked whether it is permissible to have a treadwear grade of 00 or 000 on tires under the Uniform Tire Quality Grading Standards (UTQGS), 49 CFR 575.104. The answer to your question is yes.

As you know, the UTQGS currently provide that all new passenger car tires sold in the United States must be graded by their manufacturers or brand name owners for treadwear, traction, and temperature resistance. The grades must be assessed in accordance with paragraphs (d)(1)(i)(A) and (B) of the UTQGS and must be molded into or onto the tire sidewall.

Paragraph (d)(2)(i) requires the treadwear grade to be expressed as 2 or 3 digits, representing the percentage (P) of the NHTSA nominal treadwear value, computed as follows:

Projected P = mileage x 100 30,000

The percentage derived from the above formula is then rounded off to the nearest lower 20-point increment to arrive at the treadwear grade.

In your letter you proposed a hypothetical example of a tire with a projected mileage of 5,000 miles, which would compute as follows:

P = 5,000 x 100 = 16.67 30,000

Rounded off to the nearest lower 20-point increment, the treadwear rating for that tire would be 00 or 000.

Your example would be correct, if tires still exist that have a projected tread life of 5,000 miles. Although NHTSA has not found any tires so rated, under the current provisions of the UTQGS, it is possible, as demonstrated by your example, to have a UTQGS treadwear rating of 00 or 000.

I hope this information is helpful to you. Should you have any questions or need additional information, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

ref:575 d:5/17/95

ID: 10821-6

Mr. Andrew Grubb
Steve's Moped & Bicycle World
40 Park Avenue
Dumont, NJ 07628

Dear Mr. Grubb:

This responds to your letter asking whether this agency's requirements apply to several products you are selling. One is called the "California Go-Ped," a small push scooter with non-pneumatic tires, a 2-cycle motor mounted above the rear wheel, and a top speed of 20 mph. Another is called the "Tsi Power Scooter," and resembles a scooter in frame style, but has larger pneumatic tires and can be outfitted with a seat. The Power Scooter has a top speed of 15 mph. You cited a previous interpretation stating that a scooter (similar to the Go-Ped) is not a motor vehicle, and thus not subject to our requirements, so I assume that you are asking whether the products you sell are motor vehicles. You also asked about motorized "skateboards" and motors for mounting on a conventional bicycle.

The short answer to your question is that the Go-Ped is not a motor vehicle but the Power Scooter may be, depending on whether it is sold with a seat. Motorized "skateboards" are not motor vehicles, but motors for mounting on bicycles are "motor vehicle equipment."

You indicated that you have a copy of a letter dated April 1, 1991, in which we discussed whether a small push scooter called a "Walk Machine" is considered a motor vehicle for purposes of our standards. In that letter, we discussed the general principles for determining whether a product is a motor vehicle.

As discussed in that letter, vehicles that are equipped with tracks or are otherwise incapable of highway travel are plainly not motor vehicles. Further, vehicles designed and sold solely for off-road use (e.g., airport runway vehicles and underground mining devices) are not considered motor vehicles, even though they may be operationally capable of highway travel.

On the other hand, vehicles that are or can be operated off-road, but are also used on the public highways on a necessary and recurring basis are motor vehicles. For instance, utility vehicles like the Jeep are plainly motor vehicles, even though they are equipped with special features to permit off-road operation. If a vehicle will spend a substantial amount of time on- road, even though its greatest use will be off-road, NHTSA has found the vehicle to be a "motor vehicle." Further, if a vehicle is readily usable on the public roads and is in fact used on the public roads by a substantial number of owners, NHTSA has found the vehicle to be a motor vehicle. This finding was made with respect to dune buggies and regardless of the manufacturer's stated intent regarding the terrain on which the vehicles were to be operated.

In discussing whether the Walk Machine is considered a motor vehicle, we noted that NHTSA has stated in previous interpretations that vehicles that regularly use the public roads will not be considered "motor vehicles" if such vehicles have a maximum attainable speed of 20 miles per hour (mph) or less and an abnormal configuration which readily distinguishes them from other vehicles. We concluded that the Walk Machine is not a motor vehicle since it has a top speed of 16 mph and a configuration that readily distinguishes it from motorcycles and other two-wheeled vehicles.

I will now apply these principles to the products you ask about in your letter. First, the California Go-Ped has an almost identical configuration to that of the Walk Machine and a maximum speed of 20 mph. Therefore, we do not consider it to be a motor vehicle, for the same reasons that apply to the Walk Machine.

Second, the Power Scooter has a maximum speed of 15 mph and, when sold without a seat, has a configuration similar to that of the Walk Machine. In that configuration, we do not consider it to be a motor vehicle.

When equipped with a seat, however, the Power Scooter is considered to be a motor vehicle. Although the advertising literature states that the Power Scooter is "not for in-street use," NHTSA believes that it is indistinguishable from a moped, which is an on-street vehicle that we have long interpreted as a motor vehicle. Although most mopeds have chain drives, pedal starters, and lower-mounted engines, we do not think that these distinctions are important. The seated rider on the power scooter appears to other traffic to be riding a moped. We also note that the low ground clearance of the central platform appears poorly suited to off-road use.

Further, we consider the Power Scooter, when equipped with a seat, to be a type of motorcycle. A motorcycle is defined as "a motor vehicle with motive power having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground" (Title 49, section 571.3 of the Code of Federal Regulations (CFR)). Motorcycles are subject to our regulations in 49 CFR Part 571, including Standards for lights (No. 108), rear view mirrors (111), brakes (122), and controls and displays (123). The materials you sent do not disclose the horsepower of the 21 cc engine, but we assume that it is less than 5 brake horsepower. If that assumption is correct, the vehicle would be a "motor-driven cycle," a type of motorcycle that is subject to less stringent requirements under our regulations. However, the Power Scooter does not appear to meet even the less stringent requirements. For example, the Scooter lacks lights, dual braking systems, and rear view mirrors.

The motors for mounting on a conventional bicycle are designed specifically to convert the bicycle into a motorcycle. Therefore, they are motor vehicle equipment. Despite the notation "not for in-street use" in the advertising brochure, bicycles are predominantly used in the streets. Merely adding a motor does not change this fact.

The motorized "skateboard" is not a motor vehicle because it was not manufactured for in-street use and is also not used on the public roads.

You stated in your letter that you want to clarify the application of our motor vehicle requirements to your products so that you can advise your customers exactly where they can and cannot operate them. We strongly encourage you to read the enclosed information sheet on your responsibilities under Federal law as a retailer of motor vehicles and motor vehicle equipment. In addition, while the location of use of particular vehicles can affect our determination of whether a vehicle is a motor vehicle, the actual regulation of the operation of vehicles and motor vehicles is a matter of State law. For information on State laws, you may contact the American Association of Motor Vehicle Administrators at: 4200 Wilson Blvd., Suite 600, Arlington, VA 22203.

I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Mr. Paul Atelsek at this address or by telephone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosure ref:VSA d:6/12/95

ID: 10822

Mr. Charles Tucker
201 Lakeside Drive, Apt. #48
New Concord, OH 43762-1168

Dear Mr. Tucker:

This responds to your letter of March 21, 1995, requesting a letter stating that your van can be modified by replacing "the factory installed steering wheel with the smaller ASTECH steering wheel without an air bag." Your letter explains that your range-of- motion is limited from multiple sclerosis and that the smaller steering wheel improves your ability to drive. During a March 31, 1995 phone call with Mary Versailles of my staff you explained that the van is also equipped with a wheelchair lift and that the floor of the vehicle has been lowered. As explained in this letter, replacement of your steering wheel is permitted provided that a lap/shoulder safety belt is installed at the driver's position.

By way of background, the National Highway Traffic Safety Administration is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. Manufacturers are required to certify that their products conform to all applicable safety standards before they can be offered for sale. If a certified vehicle is modified, other than by the addition, substitution, or removal of readily attachable components, prior to its first retail sale, the person making the modification is an alterer and is required to certify that, as altered the vehicle continues to conform to all applicable safety standards.

After the first retail sale, there is one limit on modifications made to vehicles. Manufacturers, distributors, dealers, and repair businesses are prohibited from "knowingly making inoperative" any device or element of design installed on or in a motor vehicle in compliance with an applicable safety standard. In general, the "make inoperative" prohibition would require a business which modifies motor vehicles to ensure that they do not remove, disconnect, or degrade the performance of safety equipment installed in compliance with an applicable safety standard.

NHTSA has exercised its authority to issue Standard No. 208, Occupant Crash Protection. Standard No. 208 requires light trucks and vans manufactured on or after September 1, 1991 to be capable of providing occupant crash protection to front seat occupants when the vehicle is crash tested at 30 miles per hour (mph) into a concrete barrier. A vehicle that provides this crash protection will increase the safety of vehicle occupants. The air bag installed in your van is one means of complying with this requirement.

As a result of this new requirement, this agency received a number of phone calls and letters, from both van converters and individuals like yourself, suggesting that the new light truck and van crash testing requirement will, in effect, prohibit van converters from modifying vehicles to accommodate the special needs of persons in wheelchairs. The agency also received a petition asking for an amendment to the light truck and van crash test requirement in Standard No. 208 to address this problem.

As a result on that petition, on March 2, 1993, this agency amended Standard No. 208 to allow manufacturers of light trucks and vans an alternative to complying with the existing requirement. Under the amendment, "vehicles manufactured for operation by persons with disabilities" are excluded from the light truck and van automatic crash protection requirement. Instead, these vehicles must be equipped with a Type 2 manual belt (integrated lap and shoulder belt) or Type 2A manual belt (non-integrated lap and shoulder belt) at the front outboard seating positions. A "vehicle manufactured for operation by persons with disabilities" is defined as

vehicles that incorporate a level change device (e.g., a wheelchair lift or a ramp) for onloading or offloading an occupant in a wheelchair, an interior element of design intended to provide the vertical clearance necessary to permit a person in a wheelchair to move between the lift or ramp and the driver's position or to occupy that position, and either an adaptive control or special driver seating accommodation to enable persons who have limited use of their arms or legs to operate a vehicle. For purposes of this definition, special driver seating accommodations include a driver's seat easily removable with means installed for that purpose or with simple tools, or a driver's seat with extended adjustment capability to allow a person to easily transfer from a wheelchair to the driver's seat.

Based on the information you provided, your van would come within this definition. Therefore, if the modifier of your van would be considered an alterer, it may certify that, with the air bag removed, the vehicle continues to conform to all applicable safety standards, provided that the safety belts are not removed. If the modification is done after the first retail sale, removal of the air bag would not violate the "make inoperative" prohibition, provided that the safety belts are not removed.

I hope this information has been helpful. I have also forwarded a copy of this letter to the modifier indicated in your letter. If you have other questions or need some additional information, please contact Mary Versailles at this address or by phone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

cc: Fitzpatrick Enterprises Attn: Steve Manson FAX 614/497-1863

ref:208#VSA d:5/1/95 The March 2 final rule was further amended on May 18, 1994 to allow the installation of Type 2A manual belts.

ID: 10824

K. Olsen
8577 South State
Spanish Fork, UT 84660

Dear Ms. Olsen:

This responds to your letter of March 12, 1995, requesting an opinion as to the liability of the manufacturer, dealer, or customer in an accident involving a trailer originally sold with used tires. I apologize for the delay in our response.

By way of background information, Chapter 301 of Title 49, U.S. Code, authorizes this agency to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment. Section 30112 of Title 49 provides that no person may manufacture for sale, sell, or import a new motor vehicle or a new item of motor vehicle equipment unless that vehicle or equipment complies with all applicable FMVSSs and is covered by a certification of such compliance. Generally speaking, upon the sale of that vehicle or item of equipment to the first retail purchaser, the use of that vehicle or equipment becomes a matter of state regulation.

This office cannot give you an opinion as to who may be liable in the accident you described. The question of liability would be a matter of state law. You may wish to consult with a local attorney on the question of liability.

I can advise you that FMVSS No. 120, Tire selection and rims for motor vehicles other than passenger cars, generally requires tires installed on new trailers to be new, but includes certain specified exceptions which do not appear to be relevant here. In that connection, please find enclosed a copy of a letter we wrote to a gentleman in Odessa, Texas, dated September 4, 1992, which discusses in some detail our requirements for tires installed on new trailers.

This agency does not have any standards for trailer brakes other than air brakes. Also, as indicated above, matters relating to the use of a vehicle, such as connection of the electric brake control to the towing vehicle and loading of the trailer, are not under the jurisdiction of this agency.

I hope this information is helpful to you. Based on your March 12, 1995 letter and your telephone and facsimile communications with the staff of this agency's Office of Vehicle Safety Compliance, that office has initiated an inquiry to the trailer manufacturer to determine if a noncompliance exists with FMVSS No. 120. If you have further information or data to offer in this regard, please contact Mr. Luke Loy at this address or at (202) 366-5288 or by FAX at (202) 366-3081.

Sincerely,

John Womack Acting Chief Counsel

Enclosure

ref:120 d:6/14/95

ID: 10829-1

Ms. Mary J Gazich
Owner - Clever Kids, Inc.
4091 Vermont Avenue
Eagan, MN 55123

Dear Ms. Gazich:

This responds to your letter asking about how this agency's regulations might apply to your product, the "Smart Rider." In your letter, you described the Smart Rider as a "new automobile accessory for children." It is a vinyl seat back protector that slips over one or both of the front seats and secured, we assume, with the two 3/4 inch elastic bands.

The answer to your question is that there are no standards that apply directly to the Smart Rider, but there are Federal requirements that may affect it. I summarize below the relevant safety standards and laws you should consider.

As you recognized in your letter, the Smart Rider is an accessory, a type of motor vehicle equipment under our regulations. As a manufacturer of motor vehicle equipment, you are subject to the requirements in sections 30118-30122 of Title 49 of the U.S. Code concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that the product contains a safety related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

NHTSA has not issued any standards for an accessory such as the Smart Rider. For that reason, you should not place any label on your packaging to the effect that it meets Federal standards.

Although no standards apply directly to the Smart Rider, its installation may affect vehicle compliance with certain safety standards. NHTSA has issued a safety standard (Standard No. 201, Occupant protection in interior impact) that requires, among other things, that seat backs have a certain amount of cushioning to provide protection when struck by the head of rear seat passengers during a crash. Installation of your product on the back of front seats could have an impact on compliance with that standard. If the vinyl of the Smart

Rider is stiff enough, it might distribute the impact of the occupant's head over a larger area of the seat back than the vehicle manufacturer intended. As a result, the foam in the seat back might not compress as deeply as the manufacturer intended, and the requisite amount of cushioning might not be achieved. We do not know how stiff the vinyl is, and this may not be a problem, but it is something of which you should be aware.

Another standard that you might want to consider is Standard No. 302, Flammability of interior materials. That standard requires that seat backs not burn or transmit a flame front across their surface at a rate of more than 4 inches per minute. If the Smart Rider were installed as part of a new vehicle, it would be considered part of the seat back.

Which legal requirements apply depend to some extent on how your product is marketed. If your product were installed by a vehicle manufacturer as original equipment, the vehicle manufacturer would have to certify that the vehicle with the Smart Rider installed complies with all FMVSS's, including Standards No. 201 and 302. In addition, although we recognize it would be unlikely that your product would be installed by a motor vehicle manufacturer, distributor, dealer or repair business, section 30122(b) of title 49 prohibits those commercial businesses from "knowingly mak[ing] inoperative any part of a device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard . . ." For instance, compliance with Standard No. 201 might be degraded if the Smart Rider were mounted in front of rear seat passengers. Any violation of this "make inoperative" prohibition would subject the installer to a potential civil penalty of up to $1,000 for each violation.

The "make inoperative" prohibition does not apply to modifications that vehicle owners make to their own vehicles. Thus, our standards would not apply in situations where individual vehicle owners install the Smart Rider in their own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. However, NHTSA encourages vehicle owners not to degrade any safety device or system installed in their vehicles. In addition, individual States have the authority to regulate modifications that individual vehicle owners may make to their vehicles, so you might wish to consult State regulations to see whether the Smart Rider would be permitted.

I want to emphasize that NHTSA has not made a determination regarding the safety of the Smart Rider. NHTSA has not done any testing of your product. I am merely informing you of the applicable law and identifying a few potential problem areas for your consideration.

I hope this information is helpful. I am also enclosing a copy of a fact sheet titled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment." If you have any further questions about NHTSA's safety standards, please feel free to contact Mr. Atelsek of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosure

ref:VSA d:5/19/95

ID: 1083

Mr. Robert J. Ponticelli
President
American International
1040 Avenida Acaso
Camarillo, CA 93012

Dear Mr. Ponticelli:

This replies to your letter of July 25, 1995, asking for an opinion "on the use of Electro-Luminescent Strip Lighting on motor vehicles." The device in question "is an ornamental light which produces less than .05 candela/sq. inch." You have enclosed a brochure which shows the strip in use as a license plate frame and to mark the sides or perimeter of a vehicle. We assume that you are not asking about the license plate frame but only the "Lighted Pin Striping". The "Lighted Pin Striping" comes in "basic white" but once applied, seven colors of overlay tape are available to change the color. The brochure shows it in shades of blue and pink. You would like our views "on the installation of this product by regulated parties such as new car dealers and non-regulated entities such as aftermarket specialty shops and vehicle owners."

We are pleased to provide you with the interpretation you seek. The basic obligation of a new-car dealer is to deliver a new car that remains in compliance with all the applicable Federal motor vehicle safety standards for which its manufacturer has certified compliance. In other words, the dealer must ensure that none of its actions before the sale of a new vehicle create a noncompliance with a safety standard. Further, if a dealer alters a vehicle before sale other than by the addition, substitution, or removal of readily attachable components, or minor finishing operations such as painting, is required to certify that the altered vehicle continues to meet the standards.

The Federal new vehicle standard that relates to your product is Standard No. 108 Lamps, Reflective Devices, and Associated Equipment. This standard permits a new car dealer to add supplementary lighting equipment such as the luminescent strip if the supplementary equipment does not impair the effectiveness of the lighting equipment required by Standard No. 108. The most common cause of impairment is lighting equipment that creates confusion with, or distraction from, the purpose of any item of required lighting equipment. Under Standard No. 108's lighting scheme, the color of lamps on the front of a vehicle are restricted to white and amber. On the side of the vehicle, side marker lamps and reflectors must be only amber to the front and red to the rear. Rear lighting is red or amber, with the color white permitted for the backup lamp only. The Lighted Pin Striping comes in a variety of colors. Your brochure shows one that is pink or red in color mounted on the front of a vehicle. We believe it possible that a motorist seeing a color of light on the front of the vehicle generally used on the rear or on the side at the rear could be distracted from the driving task. There is also the possibility that the strip would be bright enough to mask and thereby reduce the effectiveness of an adjacent front or rear turn signal, or stop lamp. In general, the agency tries to discourage the use of novelty lighting devices because of the uncertain reaction an unfamiliar light or reflection may cause in other drivers on the roadway. However, the determination as to whether installation of the lighting strip would impair the efficiency of required lighting equipment is initially that of the new car dealer who must determine whether his modifications to a new vehicle might take it out of compliance. Unless that determination is clearly erroneous, NHTSA will not contest it.

With respect to sales in the aftermarket, installation by a manufacturer, distributor, dealer, or motor vehicle repair business of the lighting strip would be prohibited if the use of the strip would, in the words of the statute, "make inoperative" any of the required lighting equipment. We tend to equate "make inoperative" and "impair effectiveness" so that the same considerations would have to be taken into account in installing the lighting equipment on a used as well as a new car. However, this prohibition does not extend to the vehicle owner who, under Federal law, may install the lighting strip regardless of its effect upon compliance.

Nevertheless, even if novelty lighting equipment does not violate Federal law, the ultimate decision of its acceptability is that of the State in which the lighting strip is to be used. It is our understanding that, for example, that California requires any emitted or reflected light from the front of vehicles to be white or yellow in color, which would appear to preclude installation of the lighting strip in colors other than these. For an opinion on the treatment of

the lighting strip under State laws, we suggest that you write for an opinion to the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.

If you have any further questions, you may refer them to Taylor Vinson of this Office (202-366-5263).

Sincerely,

John Womack Acting Chief Counsel

ref:108 d:8/18/95

ID: 10839

Mr. C. Rufus Pennington, III
Margol & Pennington, P.A.
Suite 1702 American Heritage Tower
76 South Laura Street
Jacksonville, FL 32202

Dear Mr. Pennington:

This responds to your letter concerning the rear seats of a 1979 Porsche 911 SC, which were not equipped with any type of seat belt. You asked two questions relating to whether these seats should have been equipped with seat belts. Your questions are addressed below.

1. Did the manufacturer's designation of "two front" passenger seats eliminate any obligation on the part of the manufacturer to provide seat belts in the rear seats under Federal Motor Vehicle Safety Standard 208?

As explained below, a manufacturer's designation that a vehicle has two front seats does not eliminate the obligation to provide seat belts at rear seats, if those positions are "designated seating positions."

By way of background information, The National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards applicable to the manufacture and sale of new motor vehicles and items of motor vehicle equipment. NHTSA has exercised this authority to establish Federal Motor Vehicle Safety Standard No. 208, Occupant Crash Protection (49 CFR 571.208), which specifies performance requirements for the protection of vehicle occupants in crashes. Standard No. 208 required passenger cars manufactured on or after September 1, 1973 and before September 1, 1986, to have either a Type 1 (lap) or Type 2 (lap/shoulder) seat belt assembly at each rear "designated seating position."

The term "designated seating position" is defined at 49 CFR 571.3. For vehicles manufactured before September 1, 1980, the term "designated seating position" was defined as:

any plan view location intended by the manufacturer to provide seating accommodation while the vehicle is in

motion, for a person at least as large as a fifth percentile adult female, except auxiliary seating accommodations such as temporary or folding jump seats.

In a May 22, 1978, notification to vehicle manufacturers, the agency stated that manufacturers are responsible for determining the number of seating positions that are in the vehicle. The agency also stated:

This does not mean, however, that the manufacturer's designation will be accepted by the agency if there are additional, obvious seating positions that are likely to be used by occupants while the vehicle is in motion. The agency unquestionably intends to require protection for all vehicle occupants.

Thus, a manufacturer's specification that a vehicle has two front seats did not eliminate Standard No. 208's requirement for a seat belt assembly at each rear seat, if those locations met the above definition.

2. Did the Porsche 911 SC comply with, or did it violate, the requirements of Federal Motor Vehicle Safety Standard 208?

NHTSA cannot make a determination as to whether a vehicle complied with applicable safety standards outside a compliance proceeding. However, I can advise you of the factors the agency would look at to determine if the rear locations are designated seating positions. If those locations are designated seating positions, they should have been equipped with a seat belt assembly when originally manufactured.

The May 22, 1978, notice provides a good summary of the agency's position. That notice states:

the agency will consider any position ... capable of accommodating a person at least as large as a fifth percentile adult female to be a "designated seating position", if the overall seat configuration and design is such that the manufacturer knows the position is likely to be used as a seating position while the vehicle is in motion.

I note that the hip breadth of a sitting fifth percentile female is approximately 13 inches, and the sitting height is approximately 31 inches. These are the measurements NHTSA would consider in determining whether a position is capable of accommodating a fifth percentile female.

I hope this information has been helpful. If you have other questions or need some additional information, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosures

ref:571#208 d:6/6/95 The definition was amended effective September 1, 1980. Copies of the September 28, 1978 notice of proposed rulemaking and April 19, 1979 final rule are enclosed. 43 FR 21893. A copy of this notice is enclosed. While that notice was focused on front seats, the rationale would apply to any seat.

ID: 1083a

Mr. Robert J. Ponticelli
President
American International
1040 Avenida Acaso
Camarillo, CA 93012

Dear Mr. Ponticelli:

This replies to your letter of July 25, 1995, asking for an opinion "on the use of Electro-Luminescent Strip Lighting on motor vehicles." The device in question "is an ornamental light which produces less than .05 candela/sq. inch." You have enclosed a brochure which shows the strip in use as a license plate frame and to mark the sides or perimeter of a vehicle. We assume that you are not asking about the license plate frame but only the "Lighted Pin Striping". The "Lighted Pin Striping" comes in "basic white" but once applied, seven colors of overlay tape are available to change the color. The brochure shows it in shades of blue and pink. You would like our views "on the installation of this product by regulated parties such as new car dealers and non-regulated entities such as aftermarket specialty shops and vehicle owners."

We are pleased to provide you with the interpretation you seek. The basic obligation of a new-car dealer is to deliver a new car that remains in compliance with all the applicable Federal motor vehicle safety standards for which its manufacturer has certified compliance. In other words, the dealer must ensure that none of its actions before the sale of a new vehicle create a noncompliance with a safety standard. Further, if a dealer alters a vehicle before sale other than by the addition, substitution, or removal of readily attachable components, or minor finishing operations such as painting, is required to certify that the altered vehicle continues to meet the standards.

The Federal new vehicle standard that relates to your product is Standard No. 108 Lamps, Reflective Devices, and Associated Equipment. This standard permits a new car dealer to add supplementary lighting equipment such as the luminescent strip if the supplementary equipment does not impair the effectiveness of the lighting equipment required by Standard No. 108. The most common cause of impairment is lighting equipment that creates confusion with, or distraction from, the purpose of any item of required lighting equipment. Under Standard No. 108's lighting scheme, the color of lamps on the front of a vehicle are restricted to white and amber. On the side of the vehicle, side marker lamps and reflectors must be only amber to the front and red to the rear. Rear lighting is red or amber, with the color white permitted for the backup lamp only. The Lighted Pin Striping comes in a variety of colors. Your brochure shows one that is pink or red in color mounted on the front of a vehicle. We believe it possible that a motorist seeing a color of light on the front of the vehicle generally used on the rear or on the side at the rear could be distracted from the driving task. There is also the possibility that the strip would be bright enough to mask and thereby reduce the effectiveness of an adjacent front or rear turn signal, or stop lamp. In general, the agency tries to discourage the use of novelty lighting devices because of the uncertain reaction an unfamiliar light or reflection may cause in other drivers on the roadway. However, the determination as to whether installation of the lighting strip would impair the efficiency of required lighting equipment is initially that of the new car dealer who must determine whether his modifications to a new vehicle might take it out of compliance. Unless that determination is clearly erroneous, NHTSA will not contest it.

With respect to sales in the aftermarket, installation by a manufacturer, distributor, dealer, or motor vehicle repair business of the lighting strip would be prohibited if the use of the strip would, in the words of the statute, "make inoperative" any of the required lighting equipment. We tend to equate "make inoperative" and "impair effectiveness" so that the same considerations would have to be taken into account in installing the lighting equipment on a used as well as a new car. However, this prohibition does not extend to the vehicle owner who, under Federal law, may install the lighting strip regardless of its effect upon compliance.

Nevertheless, even if novelty lighting equipment does not violate Federal law, the ultimate decision of its acceptability is that of the State in which the lighting strip is to be used. It is our understanding that, for example, that California requires any emitted or reflected light from the front of vehicles to be white or yellow in color, which would appear to preclude installation of the lighting strip in colors other than these. For an opinion on the treatment of

the lighting strip under State laws, we suggest that you write for an opinion to the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.

If you have any further questions, you may refer them to Taylor Vinson of this Office (202-366-5263).

Sincerely,

John Womack Acting Chief Counsel ref:108 d:8/18/95

ID: 10855-2

Terrence S. Lockman, Investigator
Levin, Middlebrooks, Mabie,
Thomas, Mayes & Mitchell, P.A.
Attorneys-at-Law
P.O. Box 12308
226 South Palafox Place
Pensacola, FL 32581

Dear Mr. Lockman:

This responds to your request for an interpretation whether a Model Year (MY) 1981 Versa Sweeper road sweeper is a "motor vehicle" and therefore subject to the Federal Motor Vehicle Safety Standards (FMVSSs) that were in effect when the vehicle was manufactured. Further, you ask whether the Versa Sweeper had to comply with requirements for an occupant restraint system or for rollover protection. You explained that you are conducting an investigation, and that "At the time in question, the vehicle was being used in a construction zone, to sweep debris off the roadway."

I note, before beginning, that your letter had asked for certain information under the Freedom of Information Act (FOIA). NHTSA separately answered your FOIA request by letter dated May 22, 1995, from Ms. Heidi Coleman of my staff, Assistant Chief Counsel for General Law.

Yours is an unusual interpretation request. Typically, questions concerning whether a vehicle is a motor vehicle are raised around the time of manufacture of a vehicle or its importation into the country, and by a person knowledgeable about the intended use of the vehicle, such as the vehicle's manufacturer. In contrast, your question asks about another entity's vehicle 14 years after the vehicle's manufacture, which makes our response more difficult. We cannot say for certain what principles would have applied in 1981 concerning the Versa Sweeper, and our knowledge of the vehicle is limited to the information you provided. Thus, a conclusive answer is beyond our reach.

We can make the following observations, however. NHTSA applies several principles when making a determination of whether a vehicle is a motor vehicle. Section 102(3) of the National Traffic and Motor Vehicle Safety Act defined a motor vehicle as "a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways . . . ." We are not certain, based on the information you provided, that the Versa Sweeper was manufactured for use on public highways. The literature you sent indicates that the Versa Sweeper is intended for "road maintenance sweeping and highway preparation cleaning." It appears that the vehicle might be a construction vehicle. Moreover, you indicated that the vehicle was being used in a construction zone "at the time in question." Construction-related vehicles generally are "motor vehicles" for purposes of our statute if they frequently use the highway going to and from job sites and stay at a job site for only a limited time. With regard to the 1981 Versa Sweeper, its use of the highway is unclear.

Assuming the Versa Sweeper had regularly used the highway, NHTSA's longstanding position has been that vehicles of unusual configuration that are incapable of obtaining speeds greater than 20 miles per hour (mph) are not required to comply with the FMVSSs. It is unclear how this principle applies to a 1981 Versa Sweeper. The material you enclosed indicates that the Versa Sweeper has "Infinitely variable speeds from 0-30 miles per hour...." It is unclear whether this means each Versa Sweeper can attain a speed of 30 mph or whether some, but not all, can. A Versa Sweeper that had a maximum speed of less than 20 mph is excluded. One that went over 20 mph might not have been.

You ask about requirements for occupant restraints and rollover protection. The agency has stated that "street sweepers"--that are motor vehicles--are trucks. In 1981, FMVSS No. 208, Occupant Crash Protection (49 CFR '571.208), required open-bodied light trucks to have a lap belt system. There was no rollover requirement.

If you have any further questions, please contact Ms. Dorothy Nakama of my staff at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

ref:VSA102(3) d:8/2/95 In 1994, the Safety Act was recodified, without substantial change, at 49 U.S.C. 30101 et seq. The motor vehicle" definition is set forth in section 30102(a).