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NHTSA Interpretation File Search

Overview

NHTSA's Chief Counsel interprets the statutes that the agency administers and the standards and regulations that it issues. Members of the public may submit requests for interpretation, and the Chief Counsel will respond with a letter of interpretation. These interpretation letters look at the particular facts presented in the question and explain the agency’s opinion on how the law applies given those facts. These letters of interpretation are guidance documents. They do not have the force and effect of law and are not meant to bind the public in any way. They are intended only to provide information to the public regarding existing requirements under the law or agency policies. 

Understanding NHTSA’s Online Interpretation Files

NHTSA makes its letters of interpretation available to the public on this webpage. 

An interpretation letter represents the opinion of the Chief Counsel based on the facts of individual cases at the time the letter was written. While these letters may be helpful in determining how the agency might answer a question that another person has if that question is similar to a previously considered question, do not assume that a prior interpretation will necessarily apply to your situation.

  • Your facts may be sufficiently different from those presented in prior interpretations, such that the agency's answer to you might be different from the answer in the prior interpretation letter;
  • Your situation may be completely new to the agency and not addressed in an existing interpretation letter;
  • The agency's safety standards or regulations may have changed since the prior interpretation letter was written so that the agency's prior interpretation no longer applies; or
  • Some combination of the above, or other, factors.

Searching NHTSA’s Online Interpretation Files

Before beginning a search, it’s important to understand how this online search works. Below we provide some examples of searches you can run. In some cases, the search results may include words similar to what you searched because it utilizes a fuzzy search algorithm.

Single word search

 Example: car
 Result: Any document containing that word.

Multiple word search

 Example: car seat requirements
 Result: Any document containing any of these words.

Connector word search

 Example: car AND seat AND requirements
 Result: Any document containing all of these words.

 Note: Search operators such as AND or OR must be in all capital letters.

Phrase in double quotes

 Example: "headlamp function"
 Result: Any document with that phrase.

Conjunctive search

Example: functionally AND minima
Result: Any document with both of those words.

Wildcard

Example: headl*
Result: Any document with a word beginning with those letters (e.g., headlamp, headlight, headlamps).

Example: no*compl*
Result: Any document beginning with the letters “no” followed by the letters “compl” (e.g., noncompliance, non-complying).

Not

Example: headlamp NOT crash
Result: Any document containing the word “headlamp” and not the word “crash.”

Complex searches

You can combine search operators to write more targeted searches.

Note: The database does not currently support phrase searches with wildcards (e.g., “make* inoperative”). 

Example: Headl* AND (supplement* OR auxiliary OR impair*)
Result: Any document containing words that are variants of “headlamp” (headlamp, headlights, etc.) and also containing a variant of “supplement” (supplement, supplemental, etc.) or “impair” (impair, impairment, etc.) or the word “auxiliary.”

Search Tool

NHTSA's Interpretation Files Search



Displaying 15041 - 15050 of 16514
Interpretations Date
 search results table

ID: XSCI

Open


    Mr. Dan Goor
    Vice President for Technology
    Xportation Safety Concepts, Inc.
    4143 Sinton Rd.
    Colorado Springs, CO 80907



    Dear Mr. Goor:

    This responds to your September 21, 2000, letter to Ms. Heidi Coleman of my staff, informing the National Highway Traffic Safety Administration (NHTSA) of your intent to file an "application for rulemaking" concerning our safety standard for child restraint systems (Standard No. 213, 49 CFR 571.213).

    You have developed a rear-facing child restraint which you believe is "compatible with an airbag." You would like NHTSA to adopt a regulation under which a manufacturer could certify rear-facing seats as "acceptable for use an air bag" if the seats meet certain performance requirements. You state:

    The Application for RuleMaking [sic] will propose:

    That providing, based on NHTSA approved testing, any given rear-facing infant seat/restraint which performs within CRABI performance guide-lines (as may be modified by NHTSA) when interacting with an airbag, be accredited, and labeled in a similar manner to: Certified acceptable for front seat placement. Additionally, such seats will not be required to carry labels to the contrary.

    Standard No. 213 requires rear-facing child restraints to be conspicuously labeled with warnings to consumers not to place the restraint on the front seat with an air bag (S5.5.2(k)(4)). Assuming that you wish to change this requirement, the procedure for petitioning NHTSA for a change to the Federal motor vehicle safety standards is set forth in 49 CFR Part 552 (copy enclosed). NHTSA does not approve, disapprove, or certify motor vehicles or motor vehicle equipment.

    It is important for you to note that your child restraints must have the air bag warning label specified in S5.5.2(k)(4) in the absence of an amendment to the standard. You are not permitted to change the content of the label. Further, you should not assume that your petition will result in the amendment you seek. Our decision whether to grant your petition, should you decide to submit one, will be made in the context of an administrative proceeding, in accordance with statutory criteria.

    If you have further questions, please contact us at (202) 366-2992.



    Sincerely,
    Frank Seales, Jr.
    Chief Counsel

    Enclosure

    ref:213
    d.10/27/00



2000

ID: Yuen.1

Open

    Mr. Derek Yuen
    Xtest, Inc.
    16035 Caputo Drive, Suite A
    Morgan Hill, CA 95037


    Dear Mr. Yuen:

    This responds to your recent e-mail to the National Highway Traffic Safety Administration (NHTSA), in which you seek clarification regarding the requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment, pertaining to motorcycle headlamps. Specifically, you asked whether a motorcycle (or a three-wheeled vehicle with two wheels at the front) may be equipped with a four-headlamp system (with two lower beams and two upper beams), and if so, whether it would be permissible to place one set of lamps (either the lower beams or upper beams) closer to the outer edge of the vehicle, provided that the other two lamps are within 200 mm of each other. As discussed below, FMVSS No. 108 does not permit a motorcycle headlamp system composed of more than two headlamps, so we need not consider the additional issue of spacing of a second pair of headlamps.

    By way of background, NHTSA is authorized to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. As an initial matter, you are correct in that the three-wheeled vehicle mentioned in your letter would be considered a "motorcycle" under our regulations. Under 49 CFR 571.3, "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 contract with the ground".

    The requirements for motor vehicle lighting are contained in FMVSS No. 108, with the headlighting requirements for motorcycles set forth in S7.9, Motorcycles. In particular, paragraph S7.9.6 requires that a headlighting system be located on the front of the motorcycle and, most pertinent to your proposed design, be installed in accordance with the requirements of S7.9.6.2. The requirements of S7.9.6.2 are as follows:

      (a) If the system consists of a single headlamp, it shall be mounted on the vertical centerline of the motorcycle.

      (b)    If the system consists of two headlamps, each of which provides both an upper and lower beam, the headlamps shall be mounted either at the same height and symmetrically disposed about the vertical centerline or mounted on the vertical centerline.

      (c)     If the system consists of two headlamps, one of which provides an upper beam and one of which provides the lower beam, the headlamps shall be located on the vertical centerline with the upper beam no higher than the lower beam, or horizontally disposed about the vertical centerline and mounted at the same height.

    Because the system your letter envisions consists of four headlamps, it would not meet the requirements of S7.9.6.2 of FMVSS No. 108. (We note further that the Japan Auto Parts Industries Association submitted a petition for rulemaking in 1998, which included a request to amend FMVSS No. 108 to allow four distinct headlamps on motorcycles, but the agency decided not to do so (see 69 FR 55993 (Sept. 17, 2004). ) Because such a system is not permitted under Standard No. 108, we need not analyze this system in terms of the motorcycle headlamp location requirements contained in paragraph S7.9.6 of the standard.

    If you have further questions, please feel free to contact Eric Stas of my staff at this address or by telephone at (202) 366-2992.

    Sincerely,

    Stephen P. Wood
    Acting Chief Counsel

    Enclosure
    ref:108
    d.1/4/06

2006

ID: Zimmer.rbm

Open

Ms. Reneta Zimmerman
301 Golden Isles Drive, #407
Hallandale, Florida 33009


Dear Ms. Zimmerman:

The National Highway Traffic Safety Administration (NHTSA) recognizes your concerns about placing your infant in front of the passenger-side air bag of your Mazda Miata. Since your vehicle has no back seat, NHTSA will grant an exemption to allow the dealer or a repair business to deactivate the passenger-side air bag. NHTSA is allowing this deactivation because an infant in a rear-facing child restraint should never be placed in front of an air bag and because it recognizes that you may be unable to replace your vehicle with a car equipped with a back seat.

If it is possible to retrofit your car with the installation of a manual cutoff switch, this option should be pursued rather than a total deactivation of the air bag. Mazda should be able to tell you if a manual cutoff switch is available for your vehicle.

If installation of a manual cutoff switch is not an option, you may choose to have your passenger-side air bag deactivated.

Federal law now requires that new cars be equipped with air bags at the front outboard seating positions. The Federal law also prohibits dealers and repair businesses from knowingly making inoperative devices, such as air bags, installed to comply with a safety standard. However, in very limited situations in which a vehicle must be modified to accommodate a person's special physical needs, NHTSA has previously stated that it would consider violations of the "make inoperative" provision as technical and justified by public need, and that it would not begin enforcement proceedings.

Since your vehicle does not have any back seat, NHTSA will consider the deactivation of the passenger-side air bag as a

technical violation of the "make inoperative" provision that is justified by public need. Accordingly, it will not begin enforcement proceedings against any dealer or repair business which deactivates the passenger-side air bag.

Please note, however, that the purpose of the "make inoperative" prohibition is to ensure, to the degree possible, that the current and subsequent owners and occupants of a vehicle are not deprived of the maximum protection afforded by the vehicle as newly manufactured. Accordingly, we strongly encourage you to have the air bag reactivated once your child is old enough to ride safely in the front seat or when it is returned to the company which leases it.

In addition, I strongly encourage you to ensure that passengers in your vehicle use their safety belts and to tell them that the passenger-side air bag has been deactivated.

I hope this letter resolves your problem. You should show this letter to the dealer or repair business when you take your car in for deactivation of the passenger-side air bag.

If you have any other questions, please contact Rebecca MacPherson of my staff at this address or by phone at (202) 366-2992.

Sincerely,



John Womack

Acting Chief Counsel

ref:208

d:11/19/96

1996

ID: Zozloski_1635

Open

    Mr. Stanley J. Kozloski
    694 Evelyn Drive
    Lady Lake, FL 32162

    Dear Mr. Kozloski:

    This responds to your letter in which you asked about the applicability of Federal motor vehicle safety standards (FMVSSs) to "golf carts" with modified speed capabilities. Specifically you asked about the applicability of FMVSS No. 500, Low speed vehicles. You also raised several questions regarding the ability of Florida to regulate the operation of "golf carts."I have addressed your questions below.

    By way of background, the National Highway Traffic Safety Administration (NHTSA) has authority to prescribe safety standards applicable to new motor vehicles and new items of motor vehicle equipment (49 U.S.C. Chapter 301). Section 30102(a)(6) defines "motor vehicle" as:

    [A] vehicle drawn by mechanical power and manufactured primarily for use on the public streets, roads, and highways[.]

    Under this authority, NHTSA established FMVSS No. 500 (copy enclosed) to ensure that low-speed vehicles (LSVs) are equipped with an appropriate level of motor vehicle equipment for the purposes of safety. The agency defines an LSV as a 4-wheeled motor vehicle, except a truck, whose attainable speed in one mile is more than 20 miles per hour (mph) but less than 25 mph (49 CFR 571.3(b)).

    The FMVSSs generally apply to motor vehicles only prior to their first retail sale. However, manufacturers, distributors, dealers, or motor vehicle repair businesses are prohibited from knowingly making inoperative any device or element of design installed on or in a motor vehicle that is in compliance with any applicable FMVSS (49 U.S.C. 30122; "make inoperative" provision).

    You indicated in your letter that your initial concern was the applicability of the Federal standards to "golf carts" that have had been modified after their first retail sale. You stated that local businesses are modifying golf carts through the installation of "high

    speed 5.5 hp motors, high speed gears, high speed controllers, oversize tires," and the modifying or disengaging of a speed controlling governor. Your letter further explained that these modifications are to increase the maximum speed capacity from just below 20 mph to one as high as upwards of 30 mph.

    I note that, in establishing FMVSS No. 500, NHTSA explained that the agency did not intend to regulate golf carts with a maximum speed capability of 20 mph or lower (63 Federal Register 33209; June 17, 1998; enclosed). The agency has determined that conventional golf carts (those with a maximum speed capacity of 20 mph and lower) are not motor vehicles for the purpose of our regulations. [1] The primary purpose of a conventional golf cart is not for operation on public roads, beyond that of an incidental nature. Therefore, they are not included in the definition of "motor vehicle."

    Because conventional golf carts are not motor vehicles, they are not subject to any FMVSS as originally manufactured. Therefore, a conventional golf cart cannot be taken out of compliance with an FMVSS, because none apply. As such, the "make inoperative" provision does not apply.

    The act of modifying a golf cart for use on the public roads would, however, create a motor vehicle to which new-vehicle FMVSSs would become applicable at the time of the modification. For purposes of compliance with NHTSAs regulations, we would regard the modifier as the manufacturer. As a motor vehicle manufacturer, the modifier would be responsible for certifying that the vehicle conformed to all applicable safety standards. These would vary depending on whether the vehicle was an LSV or some other type of motor vehicle.

    You indicated in your letter that many of your concerns relate to the operation of"golf carts" with modified speed capabilities. You specifically asked about the establishment and enforcement of State or local registration, inspection, insurance, and operational requirements.

    These areas are within the jurisdiction of the States. You may therefore wish to raise these concerns with your local or State representatives.

    If you have any further questions about our regulations, please contact Mr. Chris Calamita of my staff, at (202) 366-2992.

    Sincerely,

    Jacqueline Glassman
    Chief Counsel

    Enclosure
    ref:500
    d.4/16/04




    [1] This does not imply that all vehicles with a maximum speed capability 20 mph and below are not motor vehicles.

2004

ID: nht95-3.8

Open

TYPE: INTERPRETATION-NHTSA

DATE: June 9, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Don Bearden -- Director, Governmental Affairs, Subaru of America, Inc.

TITLE: NONE

ATTACHMT: ATTACHED TO 5/19/95 LETTER FROM DON BEARDEN TO JOHN WOMACK

TEXT: Dear Mr. Bearden:

This is in response to your letter of May 19, 1995, in which you state that Subaru of America, Inc. is considering the use of an optional rear bumper-mounted spare tire carrier on a future vehicle, and request this office to confirm your understanding th at the tire and carrier are to be removed before the vehicle is tested for compliance with the Bumper Standard, 49 CFR Part 581.

Your letter states that this equipment "would be mounted to the bumper beam and face bar." As your letter notes, bumper test conditions at 49 CFR 581.6(a)(5) specify that "[running] lights, fog lamps, and equipment mounted on the bumper face bar are remo ved from the vehicle if they are optional equipment." In light of this requirement, if the spare tire carrier your letter describes is only to be offered as optional equipment, it would have to be removed before the vehicle is tested for compliance with the Bumper Standard.

If you have any further questions regarding this matter, feel free to contact Coleman Sachs of my staff at the above address, or by telephone at (202) 366-5263.

ID: nht95-3.80

Open

TYPE: INTERPRETATION-NHTSA

DATE: August 8, 1995

FROM: Bryan Couch -- Systems Zone Leader, Motor Coach Industries

TO: Office of Chief Council, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO 08/28/95 LETTER FROM JOHN WOMACK TO BRYAN COUCH (REDBOOK 2; STD. 108)

TEXT: Dear Chief Council:

Please find enclosed preliminary drawing showing our proposed location for the front marker lamp and supplementary front marker lamp. We are requesting that you please critique this drawing and respond with your approval, or concerns.

The lamp identified as the front marker lamp will meet all FMVSS photometry requirements, and in our opinion is placed as far forward as practicable on this vehicle. The lamp identified as supplementary will not meet the 45 degrees rearward photometry r equirement due to the shape of the vehicle.

Please accept our advance thank you for your input and we look forward to receiving your response.

(Drawing Omitted.)

ID: nht95-3.81

Open

TYPE: INTERPRETATION-NHTSA

DATE: August 8, 1995

FROM: Eric D. Swanger, PE -- Engineering Manager, Specialty Manufacturing Co.

TO: John Womack -- NHTSA

ATTACHMT: ATTACHED TO 11/21/95 LETTER FROM Samuel J. Dubbin to Eric D. Swanger (A43; Std. 131)

TEXT: Dear Mr. Womack:

Research is performed at Specialty Manufacturing on a continual basis to investigate different means of improving upon the safety of school bus equipment. Recently, an inquiry has been made to Specialty concerning the usage of light-emitting diodes (LED 's) on stop arms. Apparently one state feels the usage of LED's to spell out the word "STOP" on the stop arm blade would increase the visibility of the sign in certain weather conditions.

After the engineering department of Specialty Manufacturing manufactured a prototype unit and tested the unit, several questions were raised which we feel need clarification from NHTSA in reference to FMVSS 131. The first being the basic viewing angles of LED's. While LED's have a quicker "on" and "off" time than incandescent bulbs, the overall viewing angle of an LED is extremely limited. Depending upon the placement of the LED's in the stop arm blade, the word "STOP" can vary from being noticeable to being a scattered pattern of lights. Exact placement of the LED's will depend upon the consistency of the manufacturing process. With incandescent lights, the light is very noticeable from all angles and manufacturing consistencies are not at all a concern.

The second issue is the legibility of the LED "STOP" at any given distance. Opinions of many casual onlookers asked to critique the LED sign when lit, seem to indicate that the letters are not large enough nor spaced far enough apart to be discernible at larger distances. Since the size of the letters is clearly defined by FMVSS 131, it appears that standard may have to be revised in order to ensure that "STOP" is legible at greater distances.

P2

The third issue is that of safety equipment consistency. Currently, all stop arms must have the word "STOP" displayed on the stop sign itself. The red lights are optional. The addition of another optional method of lighting may lead to confusion and s ubsequent passing violations due to visiting drivers being unfamiliar with state or county practices of school bus identification.

The development of an LED stop arm appears to our company to be quite expensive at the out set, and we are definitely concerned with the viewing angle, legibility from certain distances, and that consistences provided by FMVSS 131 could be in jeopardy.

I'm asking if you would please give us your interpretation of FMVSS 131 and the use of LED lights outlining the word "STOP." Specialty Manufacturing would be available to help in any standard research, manufacturer input, etc., as we have done in the pas t.

If I may be of any assistance, please do not hesitate to call me at 1-800-951-7867.

ID: nht95-3.82

Open

TYPE: INTERPRETATION-NHTSA

DATE: August 8, 1995

FROM: Randall Townley -- Statewide Coordinator, The University of Georgia, Cooperative Extension Service

TO: Office of Chief Council -- NHTSA

TITLE: NONE

ATTACHMT: 11/9/95 letter from Samuel J. Dubbin to Randall Townley (A44; Std. 207; Std. 222)

TEXT: I have had a question brought to my attention in reference to bench seats being installed in a van side-facing. I am aware some vehicles such as ambulances and pickup trucks are still being manufactured with bench mounted seats. I realize you have no d ata which would support side-mounted seats as being unsafe to the passengers in a vehicle.

Please give me your written opinion in reference to the above. Thank you for your assistance.

ID: nht95-3.83

Open

TYPE: INTERPRETATION-NHTSA

DATE: August 9, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA; Signature by Stephen P. Wood

TO: D. L. O'Connor -- Manager, Government & Customer Compliance, The Goodyear Tire & Rubber Company

TITLE: NONE

ATTACHMT: ATTACHED TO 7/13/95 LETTER FROM D. L. O'CONNOR TO WALTER K. MYERS (OCC 11043)

TEXT: Dear Mr. O'Connor:

This responds to your telephone conversation with Walter Myers of my staff on July 12, 1995, followed up by your letter of July 13, 1995.

You stated that Goodyear is encountering difficulties in exporting tires to Colombia, South America, in that Colombia wants verification that Goodyear complies with all Federal motor vehicle safety standards (FMVSS) when placing the DOT symbol on tires. You believe that Colombia will permit importation of Goodyear tires if NHTSA recognizes that Goodyear is a U.S. tire manufacturer in good standing and that Goodyear's placing the DOT symbol on its tires is accepted as valid certification of compliance b y the U.S. government.

As Mr. Myers stated in your telephone conversation, other U.S. tire manufacturers and exporters have had similar difficulties with Central and South American countries. All those countries regard the FMVSSs as acceptable assurances of tire safety, but t hey do not seem to understand or are skeptical of our system of manufacturer self-certification. They want assurances from a responsible U.S. government agency that manufacturer self-certifications are accepted as valid by the U.S. government.

Enclosed is a statement similar to those that we have provided other manufacturers and exporters. Since the Federal government cannot and does not approve, certify or endorse vehicles and equipment, this statement is as far as we can go in getting the F ederal government involved in what by law is essentially a manufacturer responsibility.

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

Enclosure

8/9/95

To Whom It May Concern:

Subject: Tires Manufactured by Goodyear Tire & Rubber Company

United States law requires tire manufacturers themselves to certify that the tires they manufacture for sale in the United States comply with all applicable Federal motor vehicle safety standards. There is no provision in U.S. law for approval or certif ication by this agency, the National Highway Traffic Safety Administration (NHTSA), the agency responsible for implementing the Federal law. NHTSA enforces the standards by randomly selecting and testing approximately 100 passenger car tires and 70 other than passenger car tires per year to ensure the validity of the tire companies' self-certification programs.

NHTSA states that all motor vehicle tires of any type or size manufactured by Goodyear Tire and Rubber Company and bearing the symbol "DOT" are recognized by the United States as having been produced and certified in conformity with all applicable Federa l motor vehicle safety standards of the United States.

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

Sincerely,

John Womack Acting Chief Counsel, NHTSA (Signed by S. Wood)

ID: nht95-3.84

Open

TYPE: INTERPRETATION-NHTSA

DATE: August 9, 1995

FROM: William Meurer -- President, Green Motorworks

TO: John Womack -- Acting Chief Counsel, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO 8/30/95 LETTER FROM JOHN WOMACK TO WILLIAM MEURER (PART 591; RED BOOK 2)

TEXT: Dear Mr. Womack:

Our firm has been selected to be the Agent for Service of Process and the United States importer for the Norwegian electric vehicle manufacturer PIVCO AS. Attached please find the original document affirming our designation and acceptance as agent for process.

As you requested, I attach herewith the Statement of Work and the BART Executive Summary which summarize the demonstration program that we will be administering. Five (5) separate California and U.S. agencies have united to provide funding for this p roject as a prelude to the development of manufacturing of the PIVCO City Bee EV in California. We seek to import the first 12 vehicles under section 591.5(J) and the subsequent 28 vehicles will be fully compliant. The actions we request are:

1) Please withdraw our previous request for a temporary exemption at this time.

2) Permission to import twelve (12) City Bee electric vehicles under CFR section 591.5(J).

3) A waiver from section 591.7(C) which would then allow us to operate these vehicles on the public roadways.

These vehicles will be fully insured and used by a control group of drivers to evaluate the various aspects of this demonstration project. It is vital that these vehicles be allowed to operate on public roads in order to demonstrate the station car c oncept as proposed in this program. After the two year demonstration project is completed, the non-FMVSS compliant vehicles will either be destroyed or exported under section 591.5(J)(3).

The testing of these electric cars is in the public interest because of the development of a zero emission vehicle and the near term creation of the U.S. manufacturing of it. Attached herewith is the letter of intent between CALSTART and PIVCO defini ng the goals and stipulations of this collaboration.

Our first shipment of eight (8) vehicles will leave Oslo, Norway on August 30, 1995. I greatly appreciate your prompt attention to our request. Thank-you.

attachments: Letter assigning Agent for Service of Process, Statement of Work, BART Executive Summary, Vehicle Specifications, CALSTART Letter to PIVCO.

Enclosure 1

Administrator National Highway Traffic Safety Administration Washington, DC 20590 USA

Oslo, 9 June 1995

Dear Mr. Administrator:

PIVCO AS hereby designates Green Motorworks, Inc. as our United States agent upon whom service of all processes, notices, orders, decisions, and requirements may be made on our behalf as provided in section 110(e) of the national Traffic and Motor vehicl e Safety Act of 1966 (80 Stat. 718) and in section 551.45 of the code of Federal Regulations.

PIVCO AS is the manufacturer of the CITY BEE electric vehicle and is located at: PIVCO AS Stanseveien 4 0975 Oslo Norway tel: + 47 22 25 20 50 fax: + 47 22 25 41 20

Our agent for service of process is: Green Motorworks, Inc. 5228 vineland Avenue North Hollywood, CA 91601 tel: (818) 766 3800 fax: (818) 766 3969

Sincerely yours,

PIVCO AS

Jan-Otto Kingdal Manufacturer

Accepted for Green Motorworks, Inc. William Meurer, President Date 6/9/95

Enclosure 2

Statement of Work

The San Francisco Bay Area Station Car Demonstration

Summary:

Green Motorworks, Inc. (GMW) is the United States Importer and Agent for Service of Process for PIVCO AS, Norway. In the context of the San Francisco Bay Area Station Car Demonstration, GMW will act as the leasing agent to BART and administer the dep loyment of all vehicles in the program.

BART will enter into a lease agreement with Green Motorworks, Inc. (GMW) to provide 40 electric station cars for a 24 month period. GMW will provide insurance, NHTSA compliance, driver training, vehicle maintenance and complete towing & repair servic es.

Three vehicles will be held in reserve for a spare for any of the users. Each user will be charged between $ 100 to $ 150 per month per vehicle depending on the extent of use. GMW reserves the right to modify the monthly charge at its discretion.

Purpose:

The purpose of this program is to assess the visability of station cars in use for both home to transit, transit to work, and company pool applications. Vehicle operational costs, user price sensitivity, corporate support, multi-user program viability and vehicle technical assets and failings will be evaluated.

Overview of Vehicle Roll Out Phases

PHASE I, October 1995: Ashby & BART Headquarters

GMW will deliver 12 PIVCO City Bee electric cars. These cars will be the European version which meets all European standards and has a top speed of 40-50 mph.

The cars stationed at the Ashby BART station will be offered to employees of Sybase Systems and Ashby area residents. GMW will administer the user agreements in coordination with the City of Emeryville Projects Coordinator Ignacio Dayrit, Sybase syst ems and BART Project Manager Victoria Nerenberg.

October 15, 1995: (8) PIVCO EVs

Site # 1: Ashby BART Station 5 user cars Site # 2: BART Oakland 2 cars to be used for testing & Police Dept.Headquarters Program Office: Alameda Naval Air 1 spare car Station

December 15, 1995: (4) PIVCO EVs

Site # 1: Ashby BART Station 4 cars to add to fleet PHASE II, Summer 1996: Ashby, Walnut Creek & Colma

GMW will deliver 28 cars with upgraded U.S. manufactured drive trains that will allow these vehicles to reach freeway speeds. These vehicles will be fully compliant with all 1996 NHTSA FMVSS safety requirements. All of these vehicles will be equippe d with air-conditioning.

Summer 1996: (28) PIVCO EVs

Site # 1: Ashby BART Station 10 user cars Site # 3: Walnut Creek BART Station 8 user cars Site # 4: Colma BART Station 8 user cars & 1 spare car Program Office: Alameda Naval Air Station 1 spare car

Ashby- 11 vehicles delivered to increase fleet to 20. Applications for people requiring a vehicle for a transit to home location commute will be sought. One vehicle to held as spare.

Walnut Creek- BART & PG&E Employees will utilize 8 vehicles stationed at the Walnut Creek BART Station. The cars will be used to demonstrate the commute between the station to home, and the station to workplace.

Colma- GMW will deploy 8 cars to be stationed at the Colma BART station. The vehicles will be used by BART and PG&E employees.

Scope of Services

Vehicle Importation & Validation: GMW will administer the importation of all vehicles to the Port of Oakland, perform pre-delivery inspection and cycle battery systems for proper operation. All data acquisition systems will be installed by PG&E or CALST ART. GMW will prepare and provide to BART all data required by the funding sources.

Administration: William Meurer will serve as the 'Operations Manager' who will be responsible for the following areas: 1) All areas of program 2) Selection of drivers and processing of paperwork. 3) Training and success of drivers. 4) Supervision of Vehicle Service Supervisor 5) Supervision of outside vendors.

GMW will hire a 'Vehicle Service Supervisor' who will work out of space leased with other CALSTART participants at the Alameda Naval Air Station. GMW will provide a gas-powered mobile service/tow vehicle for supervisor. The supervisor will have both a cellular phone and a beeper. A 24-hour Vehicle Service Technician will also be hired to respond to service calls on a 7 day/week 24-hour basis.

Summary of Services & Milestones

Battery Warranty: GMW will administer all battery warranty claims in a timely manner. PIVCO is responsible for all battery upgrades in PIVCO vehicles. GMW is not responsible for assigned battery suppliers to provide replacement batteries within prescri bed delivery schedules.

Walk Home Ratio: GMW will provide 24-hour service for failed vehicles to insure that program users will never have to walk home if a vehicle fails. Zero tolerance for walk homes.

Data Retrieval: GMW will monitor data acquisition systems and provide data to PG&E and CALSTART. Other reporting data will be given to a BART selected employee for reporting.

Program Duration: 24 Months starting October 15, 1995 and ending September 15, 1997.

Delivery Schedule: Vehicles 1-8 Delivered to Sites # 1 & # 2 by October 15, 1995 Vehicles 9-12 Delivered to Site # 1 by December 15, 1995 Vehicles 13-40 Projected delivery to Sites # 1, # 3, # 4 by Summer, 1996

User Fees: All user fees will be collected by GMW to apply to the cost of vehicle insurance.

Enclosure 3:

BAY AREA STATION CAR DEMONSTRATION

Executive Summary

The San Francisco Bay Area Rapid Transit District has attracted $ 1.441 million in outside funding to support the demonstration of 40 electric station cars for two years. The Bay Area Air Quality Management District has granted $ 700,000 from AB434 fund s (Transportation Fund for Clean Air). Through CALSTART, the project is receiving $ 521,000 from the U.S. Department of Defense (ARPA). Other contributions are $ 100,000 (plus in-kind) from the Pacific Gas & Electric Company (PG&E), $ 90,000 from the Ca lifornia Energy Commission (CEC), and $ 30,000 from the California Department of Transportation (CALTRANS).

The purpose of the demonstration is to determine the usefulness of electric cars for everyday short trips made by BART patrons. BART will contract with Green Motorworks, Inc. of southern California to lease 40 two-passenger electric vehicles manufacture d by the Personal Independent Vehicle Company (PIVCo) of Norway. Twelve non-freeway capable cars will be in operation by December 1995, and twenty-eight freeway capable cars will be in operation by the summer of 1996. The use of the cars will be demons trated in a variety of settings: home to BART station; station to work site; and pool cars for worksites. Other short trips are allowed.

The program will attempt to maximize pollution reductions per electric vehicle by giving priority to carpoolers. Carpool teams, individuals or their employers will pay Green Motorworks $ 100 to $ 150 per month to use a vehicle (cost depends on the exten t of use). An added personal cost would be recharging at home, if needed (the cost should average less than a dollar per night).

BART statistics show that thousands of commuters drive all the way to work each day and end up a mere one to five miles from a BART station. The link from BART to their work site is not well served by either public transportation, taxis, company shuttle s or any other service. This untapped commute market is ideal for a station car service, especially if offered in cooperation with major employers who are mandated by statutory air quality regulations to implement employee trip reduction programs.

BART and PG&E will install 20 charging outlets at the Ashby BART station, 8 at the Walnut Creek station, 10 at the Colma station, and 2 at BART headquarters.

Meters will record the amount of electricity used at each station. Data acquisition instrumentation will be on each vehicle as well as personal-use logs. Three vehicles will be held in reserve to be used as replacement cars if necessary.

The delivery of the first eight cars will be by October 15, 1995, four by December 15, 1995, and the subsequent twenty-eight vehicles by August 1996. The cars will be used by BART and PG&E employees and selected public/private participants.

Enclosure 4

PIVCAL Inc. DRAFT 11.06.95

SPECIFICATIONS 12 Vehicles, 8 shipped 30th Aug. 95 Vehicle: 1995 PIVCO, City Bee, Prototypes Color: Blue, red, green Body/frame Thermoplastic, mass colored body/ aluminum space frame, both easily recyclable. Dimensions: L: 9.2 feet, W: 5 feet, H: 5 feet Decals: Provided by BART, can only be placed on side and rear windows. Safety Certificat.: European standard 1994 Weight, Gross Vehicle Weight Rating (GVWR): approximate: 2200 lb. Curb Weight: 1750 lb. Capacities: Passenger capacity - 2. Turning diam.: 26 feet Brakes: Disc front w/regen., drum rear. Steering: Rack and pinion. Propulsion Sys: Motor: Solectria or Brusa with AC induction, 3-phase, 2-pole, with optical encoder and peak power of 22 kW. Controller: Solectria or Brusa Control Systems, DC to three- phase AC inverter. DC/DC Conv.: Curtis 12V 35A Charger: On board 110V AC, or 208V AC 15A Battery Pack: Traction battery voltage full charge, nominal 120 volts DC. Batteries: Maintenance-free, sealed lead acid battery, Optima or an equal battery. Charging Port: Located at front of vehicle w/ retractable cord Transmission: Single speed, non-shift drive. Wheels/Tires: Aluminium 13" x 5"/All-season steel- belted radial tires. HVAC: 1.5 kW electric heating and defrosting Radio: FM/AM Comment: Passenger seats are situated higher than in a conventional car and together with a deep dash and a wide windshield this gives the driver a good view and a comfortable feeling. This adds also to the safety.PERFORMANCE Top speed: 50 MPH Range: Constant 40 MPH 45 miles. Adverse driving conditions (Stop and go) 35 miles Acceleration: 0 - 30 MPH 14 seconds 0 - 50 MPH 25 seconds Charging: 5 to 6 hours, 208 Volts AC 7 to 10 hours, 110 Volts AC

SPECIFICATIONS 58 Vehicles 1996 Vehicle: 1996 PIVCO, City Bee, Pre-series Color: To be determined Body/frame Same Dimensions: Same Decals: Same Safety Certificat.: FMVSS 1996 Weight, Sameapproximate: Capacities: Same Turning diam.: Same Brakes: Same Steering: Same Propulsion Sys: Motor: Advanced D.C. Motors, Inc. and Solectria to be considered. Controller: Curtis or Solectria DC/DC Conv.: Curtis 12V 35A Charger: To be determined Battery Pack: Same Batteries: Same plus others to be considered Charging Port: Same Transmission: Same Wheels/Tires: Same HVAC: Same plus Air conditioner to be determined Radio: Same Comment: SamePERFORMANCE Top speed: 65 MPH Range: Constant 40 MPH 55 miles. Adverse driving conditions (Stop and go) 40 miles Acceleration: 0 - 30 MPH 9 seconds 0 - 50 MPH 18 seconds Charging: 5 to 6 hours, 208 Volts AC 7 to 10 hours, 110 Volts AC Enclosure 5

August 1, 1995

Mr. Jan Otto Ringdal Managing Director PIVCO A/S Stanseveien 4 0975 Oslo, Norway

Dear Jan:

This letter expresses our mutual intention with respect to the proposed collaboration between CALSTART, Inc., a California non-profit corporation, and PIVCO A/S, a Norwegian company ("PIVCO"). The goals of our collaboration are two-fold: (1) to enable P IVCO to successfully penetrate the United States market with a "purpose-built" electric vehicle such as the "City Bee" that is both popular and desirable, is specifically adapted to the United States market, fully complies with Federal Motor Vehicle Safe ty Standards ("FMVSS") and other regulatory requirements (each such vehicle being referred to herein as a "U.S. Adapted Vehicle"); and (2) to create jobs and improve air quality in the United States generally, and the State of California in particular.

This letter will set forth the general form and terms of the proposed collaboration and assist us in negotiating and completing an enforceable definitive agreement or agreements as follows:

1. The Definitive Agreement would acknowledge that CALSTART has and will continue to provide PIVCO with valuable technical and marketing assistance in developing a U.S. Adapted Vehicle and to manufacture or assemble the same at a facility to be located in the State of California, including the following:

* assisting PIVCO in securing orders for initial purchases of pre-production and production prototypes of U.S. Adapted Vehicles;

* assisting PIVCO in securing sources of financing and obtaining information towards the goal of achieving compliance of the U.S. Adapted Vehicles with FMVSS;

* assisting PIVCO in identifying U.S. component suppliers for U.S. Adapted Vehicles;

* assisting PIVCO in obtaining information for the business plan for its United States operations, possibly through a wholly-owned or partially-owned U.S.-based subsidiary ("PIVCO U.S./PIVCAL").

2. The Definitive Agreement would provide that in consideration of the past and continuing services provided by CALSTART, then if PIVCO, PIVCO U.S./PIVCAL, or any entity under their direct or indirect control using any patents, know-how or other proprie tary information relating to U.S. Adapted Vehicles provided to it by PIVCO or any of its affiliates (a "PIVCO Controlled Licensee"), elects to manufacture, assemble, market, distribute or sell U.S. Adapted Vehicles in the United States, then:

a. PIVCO will agree, or will cause each PIVCO Controlled Licensee to agree, to use its best commercial efforts to build, or have built, and operate an assembly or manufacturing facility for U.S. Adapted Vehicles in the State of California at a site whic h is mutually agreed upon with CALSTART. [PIVCO or such PIVCO Controlled Licensee will give favorable consideration to the Alameda Naval Air Station as one such site.]

b. For each U.S. Adapted Vehicle which is sold at wholesale or retail in the United States and which is manufactured or assembled by PIVCO or any PIVCO Controlled Licensee at a facility located at a site other than a site that is acceptable to CALSTART, PIVCO or such PIVCO Controlled Licensee will pay CALSTART a royalty in the amount of $ 500, or five per cent (5%) of the suggested retail price of the vehicle, whichever amount is greater. Payments of such royalties will be quarterly, with such payment s and a royalty statement to be delivered to CALSTART within 45 days after the end of each calendar quarter, beginning with the first calendar quarter during which any U.S. Adapted Vehicle is marketed, distributed or sold in the United States. The maxim um aggregate payment of such royalties to CALSTART will be $ 4,000,000, provided that over the term of the Agreement, each of the foregoing dollar figures (i.e., per vehicle royalty and maximum aggregate royalties) will be adjusted for inflation annually based on increases (but not decreases) in the U.S. All-Urban Consumer Price Index.

CALSTART

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