ID: 3043yy

Ms. Debby Funk
RR#l, Box 41A
Shirley, IL 61772

Dear Ms. Funk:

This responds to your letter of June 4, l99l, to the Department requesting information regarding regulations on the display of lighted signs in vehicles. If they are not prohibited, you are interested in regulations governing size, placement, color, luminosity, and power source "(i.e. batteries, wire connections to either brake lights or cigarette lighter)."

There are no Federal regulations or restrictions that directly prohibit the use of lighted signs in vehicles. However, there may be State and local laws that do. We are not in a position to advise you as to these laws, but you may write the American Association of Motor Vehicle Administrators for an opinion. The address is 4600 Wilson Boulevard, Arlington, Va. 22203.

If you are contemplating a commercial venture in supplying lighted signs for use in motor vehicles, there are somewhat different considerations. Under the National Traffic and Motor Vehicle Safety Act, once a vehicle has been sold and in use, a manufacturer, distributor, dealer, or motor vehicle repair business may not modify it in any way that would create a noncompliance with any Federal motor vehicle safety standard with which the vehicle originally complied. Thus, installation of a lighted sign by any of the foregoing persons could affect compliance with Standard No. 111, Rearview Mirrors and Standard No. 108, Lamps, Reflective Devices, and Associated Equipment. If the size of the sign interferes with the field of view in the interior mirror, a mirror must be provided on the exterior of the passenger side (most new cars today come equipped with these mirrors). If the sign is wired to the stop lamps, it must not result in a diminution of power that reduces the light from the lamp below the minimum levels specified in the standard. However, if the device is intended for owner installation, the foregoing discussion does not apply, as the Vehicle Safety Act does not prohibit owners from modifying their vehicles in any manner they choose, even if the modification creates a noncompliance.

Our regulations do prohibit combining the center highmounted stop lamp with any other lamp or device such as a lighted display sign. However, there is no Federal prohibition governing manufacture and sale of these devices. If you have further questions, we shall be pleased to respond.

Sincerely,

Paul Jackson Rice Chief Counsel

ref:l08 d:6/25/9l

ID: 09-002608 403&404

ID: 10628

Mr. Richard Kreutziger
Executive Director
NYSBDA
1111 Lac De Ville Boulevard
Apartment No. 309
Rochester, NY 14618

Dear Mr. Kreutziger:

This responds to your letter of January 3, 1995, telefaxed to Walter Myers of my staff in which you asked whether the bottom edge of a flip-up school bus seat, when in the vertical position, could extend past the rearward edge of a side emergency exit door a maximum of 3/4 inch. The short answer to your question is no.

You enclosed with your letter a copy of Figure 5B of Federal Motor Vehicle Safety Standard (FMVSS) No. 217, Bus emergency exits and window retention and release, which shows the permitted positions of the seats forward and rearward of a school bus side emergency exit door. You drew in a depiction of the flip-up seat bottom showing the seat bottom extending into the access aisle a maximum of 3/4 inch. You stated that even with such intrusion, 11.75 inches of clear aisle space remains without obstruction of the door release mechanism.

Paragraph S5.4.2.1(a)(2)(i) of FMVSS No. 217 provides that no seat or restraining barrier shall be installed within the area bounded by a vertical transverse plane tangent to the rearward edge of the door opening frame and a vertical transverse plane parallel to that plane at a distance of 30 centimeters forward of that plane. Paragraph S5.4.2.1(a)(2)(ii) then provides:

A seat bottom may be located within the area described in paragraph (a)(2)(i) of this section if the seat bottom pivots and automatically assumes and retains a vertical position when not in use, so that no portion of the seat bottom is within the area described in paragraph (i) when the seat bottom is vertical. (See Figure 5B). (Emphasis added).

This requirement for a specific minimum aisle space leading to side emergency exit doors on school buses was contained in the final rule issued by this agency on November 2, 1992 (57 FR 49413) to permit bus occupants unobstructed access to the emergency exit door. The language is very clear. No variation from that requirement is permitted.

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

Sincerely,

Philip R. Recht Chief Counsel

ref:217 d:2/13/95

ID: 10975

Helen A. Rychlewski
MGA Research Corporation
900 Mandoline Street
Madison Heights, MI 48071

Dear Ms. Rychlewski:

This responds to your letter of June 7, 1995, to the National Highway Traffic Safety Administration (NHTSA), requesting an interpretation of whether a vehicle can be certified as meeting the seat back requirements in S3.2 of Federal Motor Vehicle Safety Standard (FMVSS) No. 201, Occupant Protection in Interior Impact, based on the results of a particular test. The vehicle is equipped with a seat with an inertial latch on the recliner. In order to keep the seat from folding forward during the test procedure specified in FMVSS No. 201, you welded the inertial latch to conduct the test.

In past agency interpretation of the safety standards, NHTSA has stated that if (1) there are two or more possible conditions under which a compliance test may be conducted (e.g., whether an inertial lock is engaged or not); (2) the standard does not specify which test condition is to be used, and (3) the language of the standard as a whole and the standard's purpose do not imply a limit that would make one of those conditions inappropriate, there is a presumption that the requirements have to be met under all test conditions.

The intent of FMVSS No. 201 is to minimize injuries caused by an occupant striking interior components during a crash. Because inertial latches are intended to lock during a crash, NHTSA believes that testing with the inertial latch engaged most closely indicates the protection offered to an occupant during a crash. Therefore, NHTSA would test a vehicle seat back on a seat with an inertial latch with the latch engaged.

The test procedures in NHTSA standards are the procedures NHTSA will use in compliance testing. While manufacturers are not required to test their products using those procedures, they must ensure that the vehicle would comply when tested by NHTSA. NHTSA could weld the latch as you have done, or could engage

the inertial latch through other means. If you believe that the test you conducted indicates that the seat back will comply when tested by NHTSA with the latch engaged, such a test may be the basis for your certification.

I hope this information has been helpful. If you have any other questions or need 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

ref:201 d:8/4/95

ID: 17464.ztv

Ms Sandra L. Sizemore
Vice President
4 Sands Industries, Inc.
11406 Reading Road
Cincinnati, OH 45241

Dear Ms Sizemore:

This is in reply to your letter of March 18, 1998, regarding a lamp you are considering manufacturing.

We understand from a conversation that Taylor Vinson of this Office had with your husband on April 16, 1998, that the lamp is intended to illuminate in a steady-burning fashion when the brake pedal is applied, and that it will be red in color. The lamp will fit in a spoiler or wing installed on the back of a car. As you note, aftermarket companies have been installing these in spoilers for some time, and we understand from your husband that aftermarket sales are intended both to new car dealers and to parts supplies stores. You believe that "this light may not need to be D.O.T. approved based on the intended application, however our customer requires that the light be D.O.T. approved."

The Department has no authority to "approve" or "disapprove" items of equipment, nor are there any "D.O.T. licensing requirements," the subject of three of your questions. We do advise whether supplementary lighting equipment such as your lamp appears permitted or prohibited by the Federal motor vehicle safety standard on lighting, Standard No. 108 Lamps, Reflective Devices and Associated Equipment.

I enclose a copy of a letter to Timothy McQuiston, dated January 28, 1994, which discusses the relationship to Federal laws of aftermarket spoilers incorporating stop lamps. If you or your husband have any questions, you may call Taylor Vinson (202-366-5263). As he explained, the direct obligations under Federal law fall upon those persons who install the spoiler-lamp, rather than on those who manufacture or sell it. Nevertheless, your company can help the installer fulfill his obligation by ensuring that the lamp in the spoiler complies with Standard No. 108, principally in ensuring that it has a minimum lens area of 4 1/2 square inches and meets the appropriate photometrics.

In addition to the letter to Mr. McQuiston, we are also enclosing a copy of the sections of Standard No. 108 that apply to lamps in spoilers that serve as the required center highmounted stop lamp. These are paragraph S5.1.1.27 and Figure 10.

Sincerely,
John Womack
Acting Chief Counsel
ref:108
d.5/13/98

ID: 17325.ztv

Mr. F.G.M. Bol
Car Innovations
P.O. Box 143
2665 ZJ Bleiswijk (Holland)
Netherlands

Dear Mr. Bol:

This is in reply to your January 1998 letter to the Department informing us of your V.E.B. System, and stating that "it remains to you the decision to commercialize this product in co-operation with us."

You are interested in marketing this system "with an auto-manufacturer." Therefore, you intend the V.E.B. system to be installed as original equipment on motor vehicles manufactured for sale in the United States. The system may be best described as a center highmounted stop lamp that displays a vehicle's registration number under ordinary circumstances and the word "stolen" when the vehicle is being operated without the owner's authority.

The center highmounted stop lamp must comply with all requirements of United States Federal Motor Vehicle Safety Standard No. 108. One of these requirements is that the lamp comply with the requirements of Figure 10. This Figure prescribes minimum and maximum candela to be measured at 18 individual test points. If any one of these test points is obscured by the vehicle's registration number or the word "stolen," then it is not legal to install the lamp on a motor vehicle. We believe that it might be difficult to design a lamp that both displays the information you anticipate and meets Standard No. 108. I enclose a copy of Figure 10 so that you may determine whether any of the 18 test points may be obscured by the V.E.B. system. A second requirement is that the lens area must be at least 4.5 square inches. Any obstruction would affect this, too.

Standard No. 108 also prohibits the installation of any device that impairs the effectiveness of required lighting equipment such as the center stoplamp. Even if the candela and lens area requirements are met, the clarity and meaning of the stop signal may be undermined by letters or numbers appearing when the lamp is lit that have no relation to the stop lamp function.

The Department has no authority to engage in commercial promotions with manufacturers, and we cannot help you with this product.

Finally, we would like to call your attention to a typographical error on the cover and interior of your sales folder. The verb indicating theft in English is "to steal," not "to steel."

Sincerely,
John Womack
Acting Chief Counsel
Enclosure
ref:108
d:5/6/98

ID: 12311.ztv

Mr. Craig Homberg
Engineer
Aquatech, Inc.
1777 Miller Parkway
Streetsboro, OH 44241

Dear Mr. Homberg:

This responds to your letter of August 2, 1996, to the former Chief Counsel, Samuel Dubbin, asking for suggestions as to where Aquatech might locate the rear identification lamps on a vehicle that it manufactures. These lamps "are obstructed by a vacuum boom." The lamps cannot be mounted on the boom because it "articulates side to side and extends and retracts." You have enclosed a two-dimensional drawing showing the vehicle from the rear.

Table II of Motor Vehicle Safety Standard No. 108 requires rear identification lamps to be "3 lamps as close as practicable to the top of the vehicle, as close as practicable to the vertical centerline, with lamp centers spaced not less than 6 inches or more than 12 inches apart." Table II does not establish either a minimum or maximum mounting height for these lamps.

The agency realizes that, with some vehicle configurations, the highest practicable location may be approximately the same level as stop and taillamps, such as the frame rail, and the agency has accepted this. Some manufacturers have also added equipment to the vehicle at this level to accommodate identification lamps. The two-dimensional drawing you enclosed shows a horizontal structure below the boom and above the rear axle, where it might be possible to add identification lamps. However, the drawing is two-dimensional and it is not possible for us to assess the dimensional relationship between the horizontal structure and the vertical piece that, in the picture, bisects the lower half of the horizontal structure.

If it is not practicable to add identification lamps on the horizontal structure below the boom and above the rear axle, we would be pleased to advise you further if you would send us a photograph or drawing of the rear that shows the dimensional relationships of the equipment already located there. If you have any further questions, you may call Taylor Vinson of this Office (202-366-5263).

Sincerely,

John Womack

Acting Chief Counsel

ref:108

d:9/6/96

ID: 1982-1.35

TYPE: INTERPRETATION-NHTSA

DATE: 03/30/82

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: British Standards Institution

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your letter of January 5, 1982, concerning Standard No. 209, Seat Belt Assemblies. You are correct that my letter of June 1, 1981, should have referred to S5.1(d) rather than S5.2(d). Likewise, I assume that where you have referred to sections 4.1(d), (e), and (f) in your letter, you mean sections 4.2(d), (e), and (f).

My letter of June 1, 1981, was not meant as a definitive statement of what specific action the agency intends to take on Standard No. 209, but rather to acknowledge that the standard's provision on abrasion needs modification. The notice of proposed rulemaking for this action will allow you and other interested parties to comment on what precise changes you think should be made to the standard. I am placing a copy of your letter with its current suggestions in the public docket.

Sincerely,

ATTACH.

January 5, 1982

FRANK BERNDT -- CHIEF COUNSEL, US Department of Transportation, NHTSA

Dear Sir

With reference to your letter to us of June 1 1981, I assume that where you have referred to Clause 5.2(d) in your letter you mean 5.1(d).

You state in your letter that Clause 5.1(d) will be amended and that strength after abrasion will be compared to the breaking strength specified in Clause 4.2(b). For consistency, Clause 5.1(e) and 5.1(f) would also need to be altered.

I would suggest that it is not Clause 5.1(d) that needs changing, it is 4.1(d) to bring it into line with 4.1 (e) and (f). Clauses 5.1(d)(e) and (f) need no change. Additionally I feel sure that the minimum breaking strengths listed in 4.2(b) should remain, even after abrasion, light or micro-organisms test and that clause 4.2(d) might finish . . . . shall have a breaking strength of not less than 75% of the strength before abrasion and greater than the appropriate strength listed in @@ 4.2(b). Clause 4.2(e) might read . . . . have a breaking strength of not less than 60% of the strength before exposure to the carbon arc and greater than the appropriate strength listed in Clause 4.2(b). Clause 4.2(f) might finish . . . . have a breaking strength not less than 85% of the strength before subjected to micro-organisms and greater than the appropriate strength listed in @@ 4.2(b).

Yours faithfully

J E BINGHAM -- SENIOR TEST ENGINEER, BRITISH STANDARDS INSTITUTION

ID: 1984-2.28

TYPE: INTERPRETATION-NHTSA

DATE: 07/13/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Linda Morrow

TITLE: FMVSS INTERPRETATION

TEXT:

Ms. Linda Morrow 2908 Eastway Drive Statesville, NC 28677

Dear Ms. Morrow:

This responds to your letter inquiring about the Federal safety standards that would apply to a product you are planning to sell. You stated that the product is a sheet of 1/8 inch tinted acrylic that is held on a side window of a vehicle by four suction cups. The purpose of the sheet is to shield vehicle occupants from the sun. The following discussion explains the applicability of our safety standards to your sun screen.

Pursuant to the National Traffic and Motor Vehicle Safety Act, 15 U.S.C. 1392(a), we have promulgated Federal Motor Vehicle Safety Standard No. 205, 49 CFR 571.205, Glazing Materia1s, which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (70% in areas requisite for driving visibility, which includes all windows in passenger cars).

No manufacturer or dealer is permitted to install solar films and other sunscreen devices, such as those described in your letter, in new vehicles without certifying that the vehicle continues to be in compliance with the light transmittance requirements of the Standard.

After a vehicle is sold to the consumer, he may alter his vehicle as he pleases, so long as he adheres to all State requirements. Under Federal law, the owner may install the devices regardless of whether the installation adversely affects the light transmittance. Individual States govern the operational use of vehicles by their owners and therefore it is within the authority of the States to preclude owners from applying sun screens on their vehicles.

If a dealer, manufacturer, repair business or distributor installs the sun screen device for the owner of the vehicle, then a violation of S108(a)(2)(A) of the Vehicle Safety Act may result. That section provides that none of those persons may knowingly render inoperative any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable motor vehicle safety standard. Violation of the "render inoperative" provision can result in Federal civil penalties of up to $1,000 for each violation.

If you need further information, the agency will be glad to provide it.

Sincerely,

Frank Berndt Chief Counsel

ID: nht81-2.38

DATE: 06/23/81

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Midwest Polychem, Ltd.

TITLE: FMVSS INTERPRETATION

TEXT: We have examined the proposed label for "GRC" brake fluid you have submitted to us for comment.

Generally, the label appears to meet the requirements of paragraph S5.2.2 of Motor Vehicle Safety Standard No. 116 (36 F.R. 11937, June 24, 1971, as amended, 36 F.R. 21594, November 11, 1971). The words "or(Illegible Word)" in your conformity statement are redundant; since the standard is a minimum requirement, "conforming to" and "exceeding" it mean exactly the same thing. If the fluid packager is an entity other than Curley, the packager's name or code identification must appear either below Gurley's name or on the bottom of the can. We assume that the required serial number identifying the packaged lot and date of packaging will be stamped either below Gurley's name or on the bottom of the can.

GRC

SUPER HEAVY DUTY

BRAKE FLUID DOT 3 MOTOR VEHICLE BRAKE FLUID 284 degrees F Min. Wet Boiling Point

GRC

HYDRAULIC BRAKE FLUID

DIRECTIONS

FILLING: Check fluid each month or every 2000 miles. Fill Mailer cylinder to within one-half inch of top.

BLEEDING: Remove plug from bleeder screw and insert bleeder hose. Place other and of bleeder in clean container partially filled with G.R.C. Brake Fluid. Lossen bleeder screw and pump brake pedal slowly until air bubbles stop and fluid is clear. Tighten blender screw and follow same instructions on all four wheels, Moster cylinder fluid level must be checked after bleeding each wheel and keep fluid level to within 1/2 inch of top.

CAUTION: FOLLOW VEHICLE MANUFACTURER'S RECOMMENDATIONS WHEN ADDING BRAKE FLUID.

KEEP BRAKE FLUID CLEAN AND DRY. Contamination with dirt, water petroleum products or other materials may result in brake failure or costly repairs.

STORE BRAKE FLUID ONLY IN ITS ORIGINAL CONTAINER. KEEP CONTAINER CLEAN AND TIGHTLY CLOSED TO PREVENT ABSORPTION OF MOISTURE.

CAUTION: DO NOT REFILL CONTAINER AND DO NOT USE FOR OTHER LIQUIDS.

(Illegible Lines) GURLEY REFINING DESIGN GCR SUPER HEAVY DUTY BRAKE FLUID (Illegible Word) 2700-1 S.O. 244-3191 SIZE 211 X 407.5 C.E. 4.595 X 8.364 B.P. DATE 10-19-71

(Illegible Lines) (Illegible Word) AS DETAINED APPROVED AS SUBMITTED CUSTOMER SIGNATURE: DATE NO. PROOFS 20 PROOF DATE 11-3-71 CHANGE A CHANGE B CHANGE C ARTIST D/TCA