ID: 1985-04.28

TYPE: INTERPRETATION-NHTSA

DATE: 11/15/85

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Kurth Ioth -- President, Bigway America, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Kurth Ioth President Bigway America, Inc. 601 E. Yorba Linda Blvd. Suite 6 Placentia, CA 92670

Thank you for your letter of August 5, 1985, concerning a product you wish to import into the United States. You asked several questions about the application of our regulations to your product. I hope the following discussion answers your questions.

According to the literature you enclosed in your letter, the product is a device which prevents the normal operation of a vehicle until the driver's safety belt is fastened. The product is installed directly beneath the vehicle's accelerator. Until the driver's safety belt is fastened, a lock system prevent, the accelerator from being depressed. According to the drawing accompanying your letter, your product requires the installation of a new buckle and latchplate in a vehicle's safety belt system. To install the latchplate, the vehicle's safety belt must be cut.

Our agency has the authority under the National Traffic and Motor Vehicle Safety Act to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Vehicle Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet our safety standards. In the case of an imported product, the importer is considered the manufacturer of the product for the purposes of our requirements. In addition to ensuring that your product complies with all applicable safety standards, you are subject to the requirements in sections 151-159 of the Vehicle Safety Act concerning the recall and remedy of products with noncompliances or defects related to motor vehicle safety.

If your product is installed in a new vehicle prior to its first sale to a consumer, then the person performing the alteration would be considered a vehicle alterer under our certification regulation (49 CFR Part 567), a copy of which is enclosed. Part 567.7 requires alterers to certify that the vehicle, as altered, complies with all applicable safety standards. In particular, the installer of your device would have to ensure that the safety belt system still complied with all of the requirements, including the safety belt webbing strength requirement, of Standard No. 209, Seat Belt Assemblies; a copy of the standard is enclosed.

- Installation of your device in a used vehicle could be affected by section 108(a)(2)(A) of the Vehicle Safety Act. That section provides, in part:

No manufacturer, distributor, dealer or motor vehicle repair business shall knowingly render inoperative...any device element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard....

Thus, a commercial business installing your product in a used vehicle would have to ensure that it did not knowingly render inoperative the vehicle's compliance with any of our safety standards by the installation of your device.

You also asked about our regulations concerning the importation of products. Section 110(e) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1399(e)) requires every manufacturer who offers a motor vehicle or item of motor vehicle equipment for importation into the United States to designate a permanent resident of the United States as his or her agent upon whom service of all processes, orders, notices, decisions and requirements may be made. In order for that designation to be valid, the following information must be submitted to the Office of the Chief Counsel:

1. A certification that the designation is valid in form and binding on the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made:

2. The full legal name, principal place of business and mailing address of the manufacturer:

3. Marks, trade names, or other designation of origin of any of the manufacturer's products which do not bear its name:

4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer.

5. A declaration of acceptance duly signed by the agent appointed, which may be an individual, a firm or a U.S. corporation; and

6. The full legal name and address of the designated agent.

In addition, the designation must be signed by one with authority to appoint the agent. The signer's name and title should be clearly indicated beneath his or her signature.

I hope this information is of assistance to you. If you have further questions, please let me know. Sincerely, Erika Z. Jones Chief Counsel Enclosures

ID: 1985-04.29

TYPE: INTERPRETATION-NHTSA

DATE: 11/18/85

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. David Gruenzner

TITLE: FMVSS INTERPRETATION

TEXT:

November 18, 1985 Mr. David Gruenzner President, Future Tech Inc. P.O. Box 26B Mankato, MN 56002 Dear Mr. Gruenzner: This is in reply to your letter of September 23, 1985, asking for an interpretation of Federal Motor Vehicle Safety Standard No. 108 as it applies to an aftermarket high-mounted stop lamp/turn signal lamp system. You intend to market three models, as more completely described in the next paragraph. All models are mounted in the interior of the car. Our primary concern is the possibility that the interior-mounted unit will cause undesirable reflections in the rear window, reducing the ability of the operator to judge conditions to the rear of his vehicle as seen through the rear view mirror. For this reason, Standard No. 108 requires the new center-mounted stop lamps mounted on the interior to be provided with means to minimize such reflections. These lamps now in production incorporate shrouds that abut the rear window glazing. Though your after market device would not be prohibited by Standard No. 108 since it does not appear to impair the effectiveness of lighting equipment required by the standard, we encourage you to incorporate design features which will prevent undesirable reflections. Also care should be taken to ensure that, when the device is installed, it does not impair the field of view required for rear view mirrors by Safety Standard No. 111. Your device consists of eight miniature lamps, four mounted on each side of the vertical centerline. We also have some additional concerns about the operation of one of your three models. In the first model, in the turn signal mode, the lamps operate sequentially from the center outward in the direction of the intended turn. In the stop lamp mode, the entire unit will illuminate, "sending a sequential (sic) flashing beam from the middle to both sides." We view the sequential flashing of the lights from the center outwards in the stop lamp mode as prohibited by paragraph S4.6 of the standard which requires all lamps that are flashed for signaling purposes. However, the stop function in the second model is indicated by a steady-burning in use, except for turn signal/hazard warning signal lamps, and headlamps and side marker lamps that are flashed for signaling purposes. However, the stop function in the second model is indicated by a steady-burning light, thus complying with our requirements. In the third model, there will be an additional amber colored lens mounted on top of the red lens. The brake signal will be indicated by a steady red light, while the turn signals will be indicated by flashing amber ones. This method of operation is also acceptable under Standard No. 108 which permits rear turn signals to be either amber or red.

We are unable to assist you with State laws that may affect your devices. We suggest you contact the vehicle administrators in the States where you intend to market your system. I hope that this is responsive to your request. Sincerely, Original Signed By Erika Z. Jones Chief Counsel

ID: 1985-04.3

TYPE: INTERPRETATION-NHTSA

DATE: 10/22/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Kenneth E. Deane -- Application Engineer, Mallory Timers Company

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Kenneth E. Deane Application Engineer Mallory Timers Company P.O. Box 986 Indianapolis, IN 46206

This is in reply to your letter of July 25, 1985, to Mr. Vinson of this office asking for an interpretation of Motor Vehicle Safety Standard No. 108.

With reference to the center high-mounted stop lamp and the acceptability of a switch you have designed, you have asked whether the new lamp and the vehicle's primary stop lamps "must be energized simultaneously, or that the low mount light must come on first, followed by the high mount light within 35 milliseconds." You have designed a switch which would energize these lamps within 80 milliseconds of each other.

Paragraph S4.5.4 requires that the stop lamps on a vehicle be activated upon application of the service brakes, and, further, that the center high-mounted stop lamp shall only be activated upon application of the service brakes. We interpret this as meaning that all stop lamps on a vehicle must be activated simultaneously. Lawrence J. Fogel's "Human Information Processing" (Prentice-Hall, Inc. (1967), p. 101) indicates that the eye cannot discern delays of 50 milliseconds or less. Therefore, we believe that an observer would not be able to detect a 35 millisecond delay but would be able to detect an 80 millisecond delay. Accordingly, a 35 millisecond delay would be considered to be "simultaneous," but an 80 millisecond delay would not.

You have also asked whether "slow 'teasing' of the brake pedal must not cause intermittent 'blip' flashing of the high mount light when the hazard warning signal is employed." A center high-mounted stop lamp is allowed to flash with the hazard warning system on passenger cars manufactured before September 1, 1986, but it must be steady burning at all times on passenger cars manufactured on or after that date.

I hope that this answers your questions. Sincerely, Jeffrey R. Miller Chief Counsel

July 25, 1985 Mr. Taylor Vinson SMVSS108 NHTSA Room 5219 U.S. Department of Transportation 400 7th Street, SW Washington, DC 20024

Dear Mr. Vinson:

I have been referred to you by Mr. Kevin Cavey of the NHTSA for a clarification of one of the requirements for the High Mounted Brake Light on passenger cars.

We have designed and tooled a brake switch for this application in which the low mount brake lights and the high mount brake lights are energized within 80 milliseconds of each other. (This is at a brake lever actuation speed of 5mm/second.) To further clarify, either light could come on first, followed by the other light within 80 milliseconds.

Recent inputs from our customer, B-O-C Detroit, indicate that both lights must be energized simultaneously or that the low mount light must come on first, followed by the high mount light within 35 milliseconds. Also that slow "teasing" of the brake pedal must not cause any intermittent "blip" flashing of the high mount light when the hazard warning system is employed. In conversation with B-O-C engineering they indicated that they "think" this is the NHTSA requirement.

A complete redesign of our already tooled product would be necessary to meet these new requirements at considerable cost and subsequent program delay. For this reason, we request your input and interpretation of the NHTSA's intentions in this area.

Thank you for your early consideration. Respectfully, Kenneth E. Deane Application Engineer KED/s cc: Messrs. E. Eaton P. Johnson J. Smith R. Stafford J. Wiser

ID: 1985-04.30

TYPE: INTERPRETATION-NHTSA

DATE: 11/18/85

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Finbarr J. O'Neill

TITLE: FMVSS INTERPRETATION

TEXT:

November 18, 1985 Finbarr J. O'Neill General Counsel Hyundai Motor America P.O. Box 2669 Garden Grove, California 92642-2669 Dear Mr. O'Neill: September 18, 1985, to Mr. Vinson of this office, asking for an interpretation of Motor Vehicle Safety Standard No. 108 with respect to application of the "DOT" symbol to lighting equipment. You first ask for confirmation of your interpretation that Standard No. 108 does not require the DOT symbol on original equipment lenses of lamps other than headlamps. That is correct; the general certification of the vehicle manufacturer that its product complies with all applicable Federal motor vehicle safety standards is inclusive of all original equipment and of all requirements of the specific standards such as the color requirements for lenses imposed by Standard No. 108. You have also asked for confirmation that under Standard No. 108 the marking of replacement lenses with the DOT symbol is optional. That is correct; the other permissible certification options for replacement lenses are those imposed by 15 U.S.C. 1403, certification in the form of a label or tag on the lens itself or the container in which it is shipped. Finally, you have asked whether the National Highway Traffic Safety Administration can comment on whether it intends to propose mandatory marking of lenses in the near future. We have received a petition for rulemaking to amend Standard No. 108 to require items of replacement lighting equipment to be marked with the DOT symbol. However, the agency has not announced a decision on the petition at this time. Sincerely, Original Signed By Erika Z. Jones Chief Counsel

ID: 1985-04.31

TYPE: INTERPRETATION-NHTSA

DATE: 11/18/85

FROM: JACK H. MCDANIEL -- TRIM PLUS AUTOMOTIVE ACCESSORIES

TO: JEFFEREY R. MILLER -- CHIEF COUNSEL U.S. DEPARTMENT OF TRANSPORTATION NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 02/20/89 FROM ERIKA Z. JONES -- NHTSA TO JACK H. MCDANIEL LETTER DATED 01/09/86 FROM JACK MCDANIEL TO JEFFREY R. MILLER -- NHTSA

TEXT: Dear Mr. Miller:

Ours is a company specializing in the installation of automotive trim accessories. Most of our services are to the franchised dealers of the major automobile makers, installing accessories on their pre-delivered cars.

Recently there has been some confusion among myself and colleagues regarding the new safety standards for 1986 vehicles concerning the center high-mounted stop lamps which, I have been told, is Motor Vehicle Safety Standard No. 108. Since some of my orders are for installing deck-mounted luggage racks with cross bars on 1986 vehicles, I wonder if you could give me some information about how the new safety standards might affect this. I will list the things I am particularly concerned about.

1. Will deck-mounted racks that have cross bars violate the new safety standards? It seems to me that many racks can be mounted and positioned so that the high-mounted stop lamp is still clearly visible from the rear. How can we determine if one would cause a violation?

2. Would a deck-mounted rack loaded with luggage cause a violation?

I shall await your answers with great interest, Mr. Miller. Many thanks for any information you can give me. May I please here from you as soon as possible?

Respectfully,

ID: 1985-04.32

TYPE: INTERPRETATION-NHTSA

DATE: 11/19/85

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: The Honorable Tony P. Hall

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter to Administrator Steed on behalf of your constituent, Mr. C. Daniel Raisch, Superintendent of the Oakwood City School District, regarding the school bus regulations issued by this agency. Your letter has been referred to my office for reply.

Superintendent Raisch is concerned with the manner in which our regulations are applied to school vans that carry 10 or more passengers. He believes that only 10 persons are allowed to be transported in a van, and requests that this number be increased to 12. You inquired into a waiver from this agency that would permit the Oakwood City School District to transport more than 10 school children in a school van.

I appreciate this opportunity to clarify our regulations for school buses. To begin, I would like to emphasize that Federal law does not prohibit schools from carrying more than 10 passengers in a school van. Federal law does, however, affect the sale of buses to schools. Our regulations would permit the sale of new 12-passenger vans to the Oakwood City School District if the seller can ensure that the van meets all applicable motor vehicle safety standards, including the safety standards we issued in 1977 for school buses.

Some background information on this subject may be helpful. Our agency has the authority, under the National Traffic and Motor Vehicle Safety Act of 1966, to issue motor vehicle safety standards for new motor vehicles, including school buses. In 1974, Congress expressly amended the Vehicle Safety Act to direct this agency to issue motor vehicle safety standards on various aspects of school bus performance, such as seating systems, fuel systems, windows and windshields, and emergency exits. The standards we issued became effective April 1, 1977, and apply to each school bus manufactured after that date.

The Vehicle Safety Act requires any person selling a new "school bus" to ensure that the vehicle complies with our school bus safety standards. Under our regulations, a new vehicle designed for carrying 11 or more persons (including the driver) is considered to be a "bus," and is considered to be a "school bus" if sold for school-related purposes. 49 C.F.R. 571.3(b). Thus, new 12-passenger vans sold to the Oakwood City School District are included in our definition of a "school bus," and may be sold to the school district if they meet our school bus safety standards. If any new vehicle does not meet those standards, the seller may be required to recall the vehicle and to pay civil penalties.

Superintendent Raisch suggested that NHTSA grant a waiver permitting manufacturers to sell 12-passenger vans as school buses when those vans do not comply with the school bus safety standards. While section 123 of the Vehicle Safety Act authorizes NHTSA to issue temporary exemptions of motor vehicles from our motor vehicle safety standards, our agency has no general waiver authority. Under @ 123, our authority to grant exemption is limited to certain very specific conditions involving a limited number of vehicles. Therefore, NHTSA has no authority to provide the type of relief your constituent requests.

Mr. Raisch may also be suggesting that we change our definition of a "school bus" to permit the sale of new 12-passenger vans as school buses when those vans do not meet our school bus safety standards. At this time, we have no reason to believe that such a change would be in the interest of school bus safety. Our safety standards for school buses were developed to specify comprehensive requirements for school buses that would reduce the number of school bus fatalities and the severity of injuries. Amending our definition of a "school bus" along the lines suggested by Mr. Raisch would restrict the applicability of our school bus safety standards to a smaller group of vehicles than buses presently subject to those standards. The safety record of school buses since the issuance of our school bus safety standards in April 1977 has been remarkable, and we believe that school vans carrying 10 or more passengers should continue to afford the high levels of passenger protection currently required for school buses.

I hope this information is helpful. Please feel free to contact this agency if you have any further questions.

SINCERELY,

Congress of the United States house of Representatives

September 30, 1985

Honorable Diane Steed Administrator National Highway Traffic Safety Administration

Dear Ms. Steed:

I am enclosing copies of correspondence I received from C. Daniel Raisch, Superintendent of School for Oakwood, Ohio. You will note that Mr. Raisch is seeking a waiver of the number of students which can be transported in school vans. He makes the point that today's vans are built to accommodate twelve individuals.

I would appreciate your review of this suggestion and your comments with respect to the possibility of waivers being permitted.

Tony P. Hall Member of Congress

ENCLS.

September 18, 1985

Rick Carne

Dear Mr. Rick Carne: Earlier this month I discussed with one of the representatives from your Dayton office the issue concerning the minimum number of student passengers permitted transportation in a van before the van must be equipped as a bus.

Currently, the number is ten persons allowed transportation in a van. I am requesting the number be elevated to twelve. This request is based primarily upon the fact that most vans built today are designed to accomodate twelve passengers.

Attached is a document which should aid in your review of the request.

Thank you for your prompt attention to this request.

C. Daniel Raisch Superintendent

U.S. DEPARTMENT OF TRANSPORTATION

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

Notice Expires September 1, 1977

SUBJECT: Guidelines for Implementing Highway Safety Program Standard 17, Pupil Transportation Safety

PURPOSE:

To provide new NHTSA information regarding:

a) definition of "school bus;"

b) interpretation of "to and from school;" and,

c) implementation/affect for NHTSA and the various State and local jurisdictions.

BACKGROUND:

1-Definition of "School Bus":

NHTSA regulates the manufacture of school buses under the National Traffic and Motor Vehilce Safety Act of 1966 and the operation of school buses under the Highway Safety Act of 1966. Regulations under these Acts have provided somewhat differing, although not conflicting, definitions of school bus.

Congress, in passing the Motor Vehicle and School Bus Safety Almendments of 1974, defined "school bus" in terms of function rather than design. In line with this undate, all vehicles manufactured on or after April 1, 1977, which are designed for carrying more than 10 persons and which are sold or introduced in (Illegible Word) (Illegible Word) for purposes that include carrying students to and from school or related events, shall be considered school buses. In keeping with the (Illegible Word) of Congress as reflected in the legislative history of the 1974 amendments, these vehicles will be required to be equipped with a system of signal lamps conforming to Federal Motor Vehicle Safety Standard No. 108.

Discussion related to the change may be found in the Federal Register for December 31, 1973, 40 FR 60033 (See Attachment "A") and August 26, 1976, 41 FR 36026 (See Attachment "B").

2 - Interpretation of "to and from school":

In an opinion dated May 5, 1977, the NHTSA's Chief Counsel has ruled that the phrase," to and from school in paragraph III of Highway Safety Program Standard 17, as interpreted in Notice 900, (dated April 11, 1974) is excessively narrow, and that the phrase should include any trip for a school-related event. However, buses in operation prior to April 1, 1977, for use soley in the transportation of students to and from school related events will not be required to meet the requirements of Standard 17. For ease of reference, see:

Attachment "C" Notice 900, Q and A #5, dated April 11, 1974 Attachment "D" Counsel Memo, May 5, 1977.

IMPLEMENTATION/EFFECT:

1 - Definition of "school bus" and identification and marking requirements:

Effective April 1, 1977, the definition of "school bus" in Title 49 of the Code of Federal Regulations (49 CFR @ 571.3) reads as follows:

"School bus" means a bus that is sold or introduced in interstate (Illegible Word), for purposes that include carrying students to and from school or related events, but does not include a bus designed and sold for operation as a common carrier in urban transportation.

The definition for "bus" (49 CFR @ 571.3) will continue to read as follows:

"Bus" means a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons.

Therefore, the impact on ESPS #17 is as follows:

In addition to all Type I vehicles, this new definition of "school bus" will include many of the van-type vehicles that are classified as Type II school vehicles under ESPS #17. If a Type II van is designed to carry more than 10 persons, and if it is sold for purposes that include "carrying students to and from school or related events," it will have to be sold with all the equipment specified for school buses by the Federal Motor Vehicle Safety Standards. It will, therefore, have to have school bus lights as specified by the Standard on lighting (49 CFR @ 371.108).

Since these vehicles will be equipped with the school bus lighting system, ESPS #17, Section IV.3.5, requires that they comply with two other requirements for identifying school buses; i.e., they must be painted, "National School Bus Glossy Fellow," and be identified format and rear with the words SCHOOL BUS. Of course, vehicles manufactured before April 1, 1977, will not be subject to this new requirement.

2 - Interpretation of "to and from school" Effective May 5, 1977, NHTSA's position is that "to and from school" includes any trip to and from school or school related events.

Previous interpretation/definitions in NHTSA Notices, correspondence, or program manuals/materials are hereby superseded.

Fred W. Vetter

ATTACHMENTS

ID: 1985-04.33

TYPE: INTERPRETATION-NHTSA

DATE: 11/19/85

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. Karl-Heinz Faber -- Vice President, Mercedes-Benz of North America, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Karl-Heinz Faber Vice President Mercedes-Benz of North America, Inc. One Mercedes Drive P.O. Box 350 Montvale, New Jersey 07645

Thank you for you letter of August 12, 1985, to Administrator Steed, telling us of your plans to identify Mercedes-Benz vehicles which are equipped with your Supplemental Restraint System. You stated that, beginning with model year 1986, you plan to use the vehicle identification number (VIN) plate location for this purpose. The attachments to your letter depict a VIN plate which indicates whether the vehicle is equipped with an air bag for the driver or for both front seating positions. As long as the requirements of Standard No. 115, Vehicle Identification Number--Basic Requirements, and Part 565, Vehicle Identification Number--Content Requirements, are met, we believe your plan to use the VIN plate location to identify an air-bag equipped car in this manner should be useful. We agree that it should enable service departments, dismantlers, or recyclers to quickly and easily note that a vehicle is equipped with an air bag. Sincerely, Original Signed By Erika Z. Jones Acting Chief Council

ID: 1985-04.34

TYPE: INTERPRETATION-NHTSA

DATE: 11/19/85

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: The London Coach Co.

TITLE: FMVSS INTERPRETATION

TEXT: Mr. D. F. Landers President The London Coach Co., Inc. 25 Eldredge P.O. Box 1183 Mt. Clemens, MI 48043

Dear Mr. Landers:

This responds to your June 6, 1985 letter concerning Federal Motor Vehicle Safety Standard No. 207, Seating Systems. We apologize for the delay in our response. You asked whether your vehicle's "folding flip seats" are required by section @4.3 of the standard to be equipped with a restraining device. As discussed below, the answer is no.

By the way of background information, this agency does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with applicable safety standards. The following represents our opinion based on the facts provided in your letter. Section @4.3 of Standard No. 207 states:

...a hinged or folding occupant seat or occupant seat back shall be equipped with a self-locking device for restraining the hinged or folding seat or seat back and control for releasing that restraining device. (Emphasis added.) The term "occupant seat" is defined in section S3 of Standard No. 207 as, "a seat that provides at least one designated seating position." The term "designated seating position" is defined in 49 CFR Part 571.3(b) as:

any plan view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and design is such that the position is likely to be used as a seating position while the vehicle is in motion, except for the auxiliary seating accommodations such as temporary or folding jump seats.... (Emphasis added.)

The issue raised by your letter is whether your folding flip seats are seats that provide a designated seating position, within the definition of 49 CFR Part 571.3(b). If a seat provides a designated seating position, it is an occupant seat under Standard No. 207 and subject to section @4.3's requirement for a restraining device. It is our opinion that your folding flip seats are "auxiliary seating accommodations" and therefore not subject to the Standard No. 207's requirement for a restraining device. This conclusion is based on the information shown on your brochure. The brochure shows that each of the flip seats normally remains folded up. When they are temporarily needed to accommodate additional passengers, they can be folded down to form a seating surface.

While folding jump seats are not subject to a number of safety requirements, including those of Standards No. 207 and 208, Occupant Crash Protection, we encourage you to ensure that the seats provide safe performance when in use. In particular, we would encourage you to provide safety belts for these seats to ensure that their occupants will have adequate crash protection.

Sincerely,

Erika Z. Jones Chief Counsel

June 6, 1985

The Chief Counsel National Highway Traffic Safety Administration 400 Seventh Street S.W. Washington, D.C. 20590

Dear Sir/Madam:

This letter is our request for interpretive advice on our vehicle, London Taxi and London Sterling, in the area of seating. Brochures are enclosed for your information.

Regulation @4.3 of 49CFR 571.207 requires a self-locking device on all hinged or folding occupant seats. We have gone to a great deal of trouble and research in an effort to locate a suitable self-locking device without success.

Meanwhile, we have noted many vehicles, such as, limousines, ambulances, and fire trucks with folding temporary jump seats without self-locking devices. We further note that in 49CFR 571.3 under the definition of the term, designated seating position, "temporary or folding jump seats" are not regarded as "designated seating positions".

We interpret this latter definition to mean our vehicle folding flip seats do not require self-locking devices. Would you please advise us if our interpretation is correct.

Yours very truly,

D.F. Landers President

DFL/ka

cc: J. Greenebaum A. Turner

enclosure

ID: 1985-04.35

TYPE: INTERPRETATION-NHTSA

DATE: 11/25/85

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. John L. O'Connell

TITLE: FMVSS INTERPRETATION

TEXT:

November 25, 1985 Mr. John L. O'Connell Public Transportation Administrator Department of Motor Vehicles State of Connecticut State Street Wethersfield, CT 06109-1896 Dear Mr. O'Connell: This is in reply to your letter of October 8, 1985, to Jeffrey Miller, former Chief Counsel of this agency. You have asked whether a new style school bus warning lamp system developed by the Whelen Engineering Company meets the requirements of Motor Vehicle Safety Standard No. 108 and referenced SAE standards, and whether such a system can be installed and used on school buses in compliance with Federal regulations. Pursuant to paragraph S4.1.4 of Standard No. 108, a school bus must be equipped with a system of red lamps, or red and amber lamps meeting SAE Standard J887 School Bus Red Signal Lamps, July 1964 (copy enclosed). The Whelen system is said to comply with SAE J887 May 1982, with the possible exception of dimensions. The requirements that the Whelen system must meet are those of the 1964 version of J887. Dimensional specifications are not included in the 1964 version, however, the minimum effective projected luminous lens area requirement of 19 square inches must be met. The test report indicates that the Whelen lamp meets the minimum photometrics of both the 1982 and 1964 versions of J887 and its dimensions, 7" x 2.75", indicate that the minimum luminous lens area requirement may also be met. However, the test report indicates that the light flashes at a rate of 55 cycles per minute. The Whelen lamp therefore does not comply with the 1964 requirement that school bus warning lamps flash at a rate of 60-120 cycles per minute (nor the 1982 SAE specifications of 1-2 H which is 60-120 cycles per minute). For this reason, the Whelen system does not meet Federal requirements and cannot be installed on school buses certified as meeting all applicable Federal motor vehicle safety standards. Sincerely, Original Signed By Erika Z. Jones Chief Counsel Enclosure

ID: 1985-04.36

TYPE: INTERPRETATION-NHTSA

DATE: 11/25/85

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Richard Pertz

TITLE: FMVSS INTERPRETATION

TEXT:

November 25, 1985 Richard Pertz, Esq. Julian & Pertz, P.C. 1629 Oneida Street Utica, NY 13501 Dear Mr. Pertz: I regret the delay in replying to your letter of July 12, 1985, regarding interpretations of Standard No. 111, Rearview Mirrors. You asked whether the agency has issued any interpretations concerning S5.1.2 of the standard. In addition, you asked whether Ford Motor Company had submitted to the National Highway Traffic Safety Administration (NHTSA) any interpretations of paragraph S5.1.2 of Standard No. 111, regarding requirements for mounting inside rearview mirrors in passenger cars. This agency administers the National Traffic and Motor Vehicle Safety Act of 1966. As part of its responsibilities, this office issues interpretations of safety standards, upon written request. This agency has issued two interpretations of S5.1.2 of Standard No. 111. Copies of these interpretations are enclosed. In addition, NHTSA's Office of Vehicle Safety Compliance investigated the compliance of different makes of passenger cars with Standard No. 111 between 1977 and 1981. The Ford passenger car models tested were the Ford LTD, Econoline, and Fiesta and the Mercury Zephyr and Cougar. As a part of its submission to the agency in these investigations, Ford provided information on its compliance with S5.1.2. The files are available on microfiche from the Technical Reference Office, Room 5108 (202-426-2768) at the address shown above, and the file numbers are CIR Nos. 1708, 2062, 2063, 2064, and 2245. Your request in your letter of September 3, 1985, for comments by Ford on notices of proposed rulemaking on Standard No. 111 has been referred to the Docket Section. They will reply directly to you regarding this information. I hope this information is helpful to you. Sincerely, Original Signed By Erika Z. Jones Chief Counsel Enclosures