ID: nht95-7.19

TYPE: INTERPRETATION-NHTSA

DATE: October 11, 1995

FROM: A.D. Fisher

TO: John Womack, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO 11/21/95 LETTER FROM Samuel J. Dubbin to A.D. Fisher (A43; Std. 108)

TEXT: Dear Mr. Womack:

Enclosed are two documents covering the operation, features and highway safety attributes of a modified, rear, third signal light for private and commercial vehicles.

We have been advised by Mr. Blane Laubis, of NHTSA, to forward this to you for your evaluation. Please furnish us with your interpretation and comments about this product, including its use application, as applied to Federal Motor Vehicle Safety Standard (FVMSS) #108.

Thank you very much for your time and consideration.

Sincerely,

Enclosures

THE ENLIGHTNER

Update May 31, 1995

"The Enlightner" replaces the third, center, high-mounted brake light as used in most modern day vehicles.

The light (or lens) has two colors, Red and Amber. The top half of the lens is Amber and the bottom half is Red.

Amber signals "Caution" and the Red signals "Stop" to the driver of the vehicle following a vehicle equipped with "the Enlightner".

Functions of "The Enlightner":

1. The Red portion is lighted when the brake pedal is applied, with the ignition "ON" or "OFF". This function overrides all other functions.

2. The Amber portion is lighted when the transmission selector lever is in any forward position with the accelerator pedal and the brake pedal not depressed. When the brake or accelerator pedals are depressed, the Amber light is "OFF".

When the transmission lever is in Reverse position, the Amber light flashes constantly at the rate of 90 flashes per minute. The flashing is continuous regardless of accelerator pedal and brake pedal positions as long as the transmission selector lever is in Reverse position. This give a warning to everyone behind the vehicle that it is in Reverse and it about to back up or is backing up.

When the accelerator pedal is released ("OFF"), the Amber portion comes "ON", giving a "Caution" signal to the driver of the vehicle behind the vehicle equipped with "The Enlightner" that deceleration is taking place. When the accelerator and brake are not in use, the Amber portion is lighted. When power is reapplied by depressing the accelerator, the Amber light goes "OFF". When deceleration is taking place, Amber is "ON". When the brakes are applied, Amber goes "OFF" and Red comes "ON".

The advantages of "The Enlightener" over similar products is that it keeps the driver following behind totally informed (enlightened) as to the functions of the vehicle ahead. "The Enlightener" will reduce rear-end collisions (one of the most common accidents) and reduce highway traffic injuries and fatalities.

Signed by Alfred D. Fisher Date June 1, 1995

Witnessed by Debra A. Thompson Date June 1, 1995

"The Enlightener"

According to U.S. Government statistics, there are over 10,000,000 highway accidents annually costing Americans $98,100,000,000 with an average cost per accident of over $9,800. Of the 10 million accidents, 25.3%, or approximately 2 1/2 million, are rear-end collisions.

The average reaction time, from the instant the brake signal on a vehicle is seen until the brakes on the vehicle following it are applied, is 3/4 of a second. At 60 miles per hour, a vehicle travels 66 feet in 3/4 of a second. After the brakes are applied, the stopping distance for a car travelling at 60 MPH is a minimum of 146 feet. Therefore, the total distance from seeing the brake signal to a full stop is at least 212 feet.

Introducing "The Enlightener".........

featuring a Deceleration Caution Signal (DCS) in addition to the traditional third brake light. The instant the vehicle accelerator pedal is released and before the brake is applied, "The Enlightener" signals deceleration or a change of vehicle operation. It is estimated that the use of "The Enlightener" will reduce rear-end collisions over 41% and prevent thousands of highway injuries and fatalities. The reduction in costs to Americans would exceed $10.1 Billion annually.

In addition to the Deceleration Caution Signal (DCS), other features of "The Enlightener" include the DCS being illuminated when the vehicle is in any mode other than stopping or normal forward motion, and a flashing caution light when the vehicle transmission selector lever is in reverse position.

"The Enlightener" is truly a unique innovation for improving highway safety that will save hundreds of lives, prevent thousands of injuries and save Americans billions of dollars annually.

ID: WRL3229

Bryce Pfister, P.E.
Director of Engineering
Collins Bus Corporation
PO Box 2946
Hutchinson, KS 67504-2946

Dear Mr. Pfister:




This responds to your letter requesting an interpretation of Federal Motor Vehicle Safety Standard No. 206, "Door Locks and Door Retention Components."Specifically, you ask whether a door configuration used in your school buses is a "folding door" excluded from the requirements of Standard No. 206.

As discussed below, we believe the door you describe in your letter is a folding door for purposes of Standard No. 206.

You explain in your letter that the Collins Bus Corporation manufacturers school buses with gross vehicle weight ratings (GVWR) ranging from 9,500 to 19,500 pounds.One of your customers needs a vehicle with a passenger capacity of nine passengers, for the purposes of transporting pre-schoolers.You plan to sell the same basic vehicle you ordinarily would sell as a school bus, but with a reduced passenger capacity. Because the vehicle will only accommodate nine passengers, you will have to classify these vehicles as multipurpose passenger vehicles (MPVs) rather than as school buses. [1]However, in a telephone conversation with Rebecca MacPherson of this office, you stated that, with the exception of the requirements for flashing lights and stop arms, these vehicles meet all Federal requirements for school buses.

You describe the door used in these vehicles as follows:

The typical passenger entrance door configuration of the Collins school bus includes two door leafs, each pivoting along its outer edge, and each attached to the door jamb at one upper and one lower pivot point.Both

door leaves pivot outward toward a boarding passenger, and the door opening is formed between the two door leaves in their outward position.A hand-operated linkage extending from the drivers seating position opens and closes the forward door.An overhead linkage connecting to the forward door controls the rear door motion.The doors are latched in the closed position by a device attached to the door operating linkage near the drivers seat.

Standard No. 206 specifies requirements for door locks and door retention components to minimize the likelihood of occupants being thrown from the vehicle in the event of a crash.The standard applies to passenger cars, trucks, and MPVs, but not to school buses.S4(c) of Standard No. 206 specifically excludes "folding doors" from the standard's requirements.The door described in your letter is a type of door typically used in school buses rather than MPVs.

As to whether the door is a "folding door" for purposes of Standard No. 206, we note that the standard does not include a definition of that term. Unlike some of the doors typically used for the same purpose in school buses, your door does not consist of two leaves that are hinged together and "fold" in on themselves.Rather, the two leaves in your door are separate.Each pivots outward. Nonetheless, considering the total design of your door as described above, including (but not limited to) the facts that both door leaves pivot outward toward a boarding passenger to form an opening, and both leaves operate together (through a linkage) by means of the same hand-operated control, we believe your door comes within the meaning of "folding door" for purposes of Standard No. 206.

I hope you find this information helpful.If you have any further questions on this subject, please feel free to contact Rebecca MacPherson in my office at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:206
d.11/1/02





---




[1] 49 CFR 571.3 defines a "multipurpose passenger vehicle" as "a motor vehicle with motive power, except a low-speed vehicle or trailer, designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation."

ID: nht87-1.81

TYPE: INTERPRETATION-NHTSA

DATE: 05/28/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. Nobuyoshi Takechi

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Nobuyoshi Takechi Technical Manager MMC Services, Inc. 3000 Town Center Suite 1960 Southfield, MI 48075

Dear Mr. Takechi:

This responds to your letter requesting an interpretation of Standard No. 101, Controls and Displays. Your questions are responded to below.

By way of background information, the National Highway Traffic Safety Administration 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 manufac turer to ensure that its motor vehicles or equipment comply with applicable safety standards. The following represents our opinion based on the facts provided in your letter.

Your first question concerns the identification requirements for a master lighting switch. You stated your belief that if the headlamps and tail lamps are controlled by the master lighting switch, the switch is not required to be marked with any symbol o ther than that specified in Standard No. 101 for the master lighting switch. You also stated your belief that the manufacturer had an option to use other symbols in addition to that symbol. As discussed below, your understanding is correct.

Section S5.2.1(a) states:

Except as specified in S5.2.1(b), any hand-operated control listed in column 1 of Table 1 that has a symbol designated for it in column 3 of that table shall be identified by either the symbol designated in column 3 (or symbol substantially similar in fo rm to that shown in column 3) or the word or abbreviation shown in column 2 of that table. . . . Words or symbols in addition to the required symbol, word or abbreviation may be used at the manufacturer's discretion for the purpose of clarity. . . .

Column 3 of Table 1 designates the symbol shown In your letter for the master lighting switch. Also, footnote 2 of the table states that separate identification is not required for headlamps and tail lamps if they are controlled by a master lighting swit ch. Thus, the master lighting switch symbol is sufficient identification under Standard No. 101 for the control identified in your letter.

A drawing provided with your letter shows various positions of the master lighting switch Identified by a word or symbols, which are provided in addition to the master lighting switch symbol. As indicated in the above-quoted text, section S5.2. 1(a) perm its words or symbols in addition to the required symbol or word, for purposes of clarity.

Your second question concerns identification requirements for an upper beam control. You stated that you believe no symbol is required for the upper beam control if it is on the turn signal lever, and that it is at the manufacturer's option to use a symb ol.

Standard No. 101 does not specify any identification requirements for an upper beam control , regardless of whether it is on the turn signal lever. Thus, the manufacturer has the option of deciding whether to identify the control and, If so, how to ident ify it. We note that the symbol you plan to use for future models is the same as that designated in Standard No. 101 for the highbeam (upper beam) tell tale. Thus, your planned approach appears desirable in minimizing the number of symbols drivers must f amiliarize themselves with for the same function.

Sincerely, Erika Z. Jones Chief Counsel

Ms. Erika Jones, Chief Counsel NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 400 Seventh Street, S.W. Washington, DC 20530

Dear Ms. Jones:

This letter serves to request an interpretation or FMVSS 101; Controls and displays.

We believe, (1) if the head lamps and tail lamps are controlled by master lighting switch, this is not required to be marked with any symbol , other than and it is the manufacturer's option to use other symbols in addition to the, as desired.

(2) When using the turn signal lever for the upper beam control, no symbol is required, and it is at the manufacturer's option to use symbol as desired.

Shown by current models in Attachment 1 are the symbols we have been using. In future models, we plan to change the symbols to those shown by future models in Attachment 1.

Please inform us in a timely manner if these symbols are acceptable and whether our interpretation is correct. If you have any questions, please contact me at (515) 353-5444.

Sincerely, Nobuyoshi Takechi Technical Manager NT/sg MMC SERVICES, INC. Attachment

ID: nht87-2.2

TYPE: INTERPRETATION-NHTSA

DATE: 06/08/87

FROM: ROSE TALISMAN -- JOAN FABRICS CORP

TO: DOUG COLE -- NATIONAL VAN CONVERSION ASSOC., INC.

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 11/01/88 FROM ERIKA Z JONES TO DOUG COLE; REDBOOK A32, STANDARD 302; LETTER DATED 06/29/87 FROM JONATHAN JACKSON TO DOUG COLE; LETTER DATED 06/22/87 FROM ROSE M. TALISMAN TO DOUG COLE; LETTER DATED 06/23/87 FROM DOUG CO LE TO STEVE KRANTZKE

TEXT: Dear Mr. Cole:

In accordance with our understanding from Mr. Irving Brown of C.M.I. Automotive, we are sending to your attention the specifications from both Ford Motor Company and General Motors in Detroit regarding the specific testing procedures required for meeting their codes for fire retardancy.

As you are well aware, we have run correlation studies on our pattern Passport with your recommended testing agency, Commercial Testing Company of Dalton Georgia. The test results have indicated a specific difference in correlation depending on the test method utilized. The method utilized and recommended to us by both Ford Motor Company and General Motors which requires the use of heat resistance support wires as stated on the attached specification are the direct guidelines we utilized in testing al l fabric designated for motorized product from our mill.

We certainly would be happy to discuss the rational and our specific methods for testing based on Detroit's specific requirements. Do not hesitate to call if you have any questions or need additional information.

Ford Laboratory Test Methods;

FLAMMABILITY TEST FOR AUTOMOTIVE INTERIOR MATERIALS

II. Small Parts (contd.)

A surrogate test plaque specimen made with a composition identical to that of the component material(s) shall be produced in the shape of a rectangle 4 inches (100 mm) wide, 14 inches (356 mm) long and the minimum thickness of the component up to 1/2 inch (12.7 mm) maximum, employing the same or equivalent process as used to produce the component part. The thickness of the plaque is that of the material as utilized in the vehicle except where it exceeds 1/2 inch (12.7 mm). In those applications, th e plaque is to be reduced to a uniform thickness of 1/2 inch (12.7 mm) to include the surface material exposed to the occupant compartment air space.

Test Procedure 1. Prior to testing, each specimen is conditioned for 24 hours at a temperature of 73.4 +/- 3.6 degrees F (23.0 +/- 2.0 degrees C) and 50 +/- 5% relative humidity and the test is conducted under those conditions.

2. Material is placed in the specimen holder as indicated below and tested in the direction (transverse or longitudinal) that produces the most adverse results. The specimen is oriented so that the surface closest to the occupant compartment air spa ce faces downward on the test frame.

(a) The standard test specimen (4 x 14 in (100 x 356 mm) x thickness) is inserted between two matching U-shaped frames (specimen holder) so that both sides of the specimen are held by the frames. The temperature of the frame in Figure 4 at the start of each test shall not exceed the conditioned temperature as stated above in Paragraph 1 of Test Procedure.

(b) Where the maximum available width of the specimen is 2 in (50 mm) or less so that the sides of the specimen cannot be held in the two matching U-shaped frames, it is to be supported by the use of 10 mil (0.25 mm) wires spanning the top surface of the bottom U-shaped frame at 1 in (25 mm) intervals, keeping such specimens from bending away from the horizontal at the flaming end, thereby allowing a more uniform and constant burn rate (see Figure 5). The bottom U-shaped frame shall always be positi oned so that the wires are "sandwiched" between the top and bottom frames.

(c) Samples tested with support wires: Flexible specimens, such as genuine leather, supported and unsupported vinyls, textile and backing fabrics, foams, textile padding[Illegible Word] compounds, etc., that frequently soften and bend at the flaming e nd so as to cause a non-uniform, uneven burn rate.

Samples tested without wires: Less flexible materials such as paperboard, carpets, rigid plastics, etc., seldom soften and bend at the flaming end; therefore, do not justify or necessitate support wires.

(d) Adjust ventilation hood door opening to approximately 23 in (580 mm) and regulate ventilation up to 110 CFM (0.052 m<3>/s) maximum air flow to prevent smoke and fumes from entering room.

ID: nht92-5.7

DATE: July 28, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Douglas Berg -- President, Ascend Productions

TITLE: None

ATTACHMT: Attached to letter dated 5/15/92 from Douglas Berg to NHTSA Legal Council (OCC 7322)

TEXT:

This responds to your letter requesting that the National Highway Traffic Safety Administration provide "recognition and support" for your item of motor vehicle equipment, the "Hazard Helper Safety Sign." You explained that this reversible device attaches to the driver's window and displays either a help needed symbol (a stick figure with extended arms and legs) or a hazard alert symbol (a triangle). Your sales literature indicates that the help needed symbol is intended to be displayed in the event of medical emergencies, mechanical breakdown, having a flat tire, or being stuck in snow or being out of fuel. The hazard alert symbol is intended to be displayed for going for gasoline, doing roadside repairs, resting, or awaiting known assistance.

As discussed below, this agency does not recognize, support or otherwise endorse particular products. Moreover, based on the information provided with your letter, it appears that your device would not comply with certain provisions of Federal Motor Vehicle Safety Standard No. 125, Warning Devices (49 CFR 571.125, copy enclosed).

By way of background information, the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., the "Safety Act") gives this agency the authority to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 125, Warning Devices. The Safety Act provides that no person shall "manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States" any new motor vehicle or new item of motor vehicle equipment unless the vehicles or equipment comply with the applicable standard. (See 15 U.S.C 1397(a)(1)(A).) NHTSA has no authority under the Safety Act to approve, certify, or otherwise endorse any commercial product. Instead, the Safety Act establishes a self-certification process under which each manufacturer is required to certify that each of its products meets all applicable Federal Motor Vehicle Safety Standard. (See 15 U.S.C. 1403.) I am enclosing a general information sheet explaining NHTSA's regulations.

Section S3 of Standard No. 125 specifies that the standard "applies to devices, without self-contained energy sources, that are designed to be carried in motor vehicles, and USED TO WARN APPROACHING TRAFFIC OF THE PRESENCE OF A STOPPED VEHICLE, except for devices designed to be permanently affixed to the vehicle." (Emphasis added.) Your device has no self-contained energy source, is designed to be carried in motor vehicles, and is not permanently affixed to the vehicle.

Another condition set forth in S3 is that the device must be designed to be used to "warn approaching traffic of a stopped vehicle." Devices that are not intended to warn approaching traffic of a stopped vehicle, but only to alert passing traffic of the stopped vehicle's need for assistance,

are not subject to Standard No. 125. An example of such a device would be a "HELP" message printed on a folding cardboard sunshade.

The "help needed" portion of your device appears to be designed to function in the same manner as other non-warning devices, i.e., it does not appear to be intended to warn approaching traffic of a stopped vehicle, but to alert passing traffic that the stopped vehicle needs assistance. This portion of the device would therefore not be subject to Standard No. 125.

However, the "hazard alert" portion of your device does appear to be intended to warn approaching traffic of a stopped vehicle, and must therefore comply with all of the requirements of Standard No. 125. From the enclosed copy of the standard you will see that some of the specific requirements with which your device must comply include minimum size, durability, material, container, labeling, configuration, color, reflectivity, luminance, and stability. From the information you provided with your letter, it appears that your device would not comply with several of these requirements.

Please be aware that violations of Safety Act provisions are punishable by civil fines of up to $1,000 for each violation of a safety standard. In addition, the Act requires manufacturers to remedy their products if they fail to comply with any applicable safety standards.

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

ID: nht92-6.23

DATE: May 29, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: John J. Jacoby -- President, Cleartec

TITLE: None

ATTACHMT: Attached to letter dated 4/6/92 from John J. Jacoby to Samuel K. Skinner (OCC 7236)

TEXT:

I have been asked to respond to your April 6, 1992 letter to former Secretary Skinner, because our agency, the National Highway Traffic Safety Administration (NHTSA), is the part of the Department of Transportation that administers the program about which you asked. Specifically, your letter asks whether there are any Federal regulations that affect a new product Cleartec has developed. The product, Clean Sweep Strips, is a transparent material applied to the windshield in a herringbone pattern, in the path of the wipers, to clean the wipers. I am pleased to have this opportunity to explain our regulations to you.

By way of background information, S 103 of the National Traffic and Motor Vehicle Safety Act (Safety Act, 15 U.S.C. 1392) authorizes NHTSA to issue safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment for compliance with the standards. In addition, the Safety Act requires manufacturers to recall and remedy any motor vehicle or item of motor vehicle equipment that contains a safety-related defect.

Your letter states that Clean Sweep Strips could be manufactured into new windshields. If a windshield with Clean Sweep Strips were installed as original equipment by a manufacturer of a new motor vehicle, the manufacturer would have to certify that the vehicle, with the Clean Sweep Strips installed, complies with all applicable safety standards. NHTSA has issued two safety standards, compliance with which might be affected by the installation of your Clean Sweep Strips. First, Standard No. 205, Glazing Materials, establishes a number of requirements for light transmittance, abrasion resistance, and optical deviation and visibility distortion for windshields. Second, Standard No. 104, Windshield Wiping and Washing Systems, establishes requirements for a minimum area that must be wiped by the wiping system, and the frequency at which the wiping system must operate. Any manufacturer that installed your product as original equipment on a windshield would have to certify that the windshield continued to comply with Standards No. 205 and 104 with your product installed.

After the first sale to a consumer, a vehicle is no longer required by Federal law to conform to all safety standards. However, S108(a)(2)(A) of the Safety Act provides as follows: No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or 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...

This provision means that a manufacturer, dealer, distributor, or repair business cannot install your Clean Sweep Strips on any vehicle if such installation results in the vehicle no longer complying with Standard No. 205 or 104. Violations of this "render inoperative" prohibition are punishable by civil fines of up to $1,000 per violation.

I note that the "render inoperative" prohibition does not affect modifications made by vehicle owners to their own vehicles. Thus, individual vehicle owners may install your Clean Sweep Strips on their own vehicles, even if this installation causes the vehicles to no longer comply with applicable safety standards. Such installations may be regulated, however, by State law. If you are interested in further information on the provisions of State laws, you may wish to contact the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Virginia 22203.

Additionally, under the Safety Act, Clean Sweep Strips would be considered an item of motor vehicle equipment. Your company, as a manufacturer of motor vehicle equipment, would be subject to the requirements in SS 151-159 of the Safety Act concerning the recall and remedy of products with safety defects. In the event that NHTSA or a product's manufacturer determines that a product that is an item of motor vehicle equipment contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

Finally, I have enclosed a general information sheet for new manufacturers which summarizes NHTSA's regulations and explains where to obtain copies of Federal motor vehicle safety standards and other regulations.

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

ID: nht92-7.28

DATE: April 27, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Kevin J. Stoll -- Technical Advisor, Russell Products, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 2/27/92 from Kevin J. Stoll to Taylor Vinson (OCC 7066)

TEXT:

This responds to your letter of February 27, 1992, to Taylor Vinson of this Office asking several questions relating to center high-mounted stop lamps.

Your questions are:

"1. Are the LED (light emitting diode) being used for third brake light legal? If so, what are the specifications so that they can be used as a third brake light?"

A center high-mounted stop lamp whose illumination is provided by LEDs is legal, provided that the light meets the photometric specifications for such lamp specified in Figure 10 of Motor Vehicle Safety Standard No. 108, and all other requirements.

"2. a. Where are the truck manufacturers ie. GM, Ford, Dodge locating the third brake light on pickup trucks?

b. What effect will this have on truck cap manufacturers and the dealer responsibility to the consumer?

c. Can the dealer wire directly to the existing third brake light harness used to light up the factory third brake light?"

With respect to (a), the center lamp may be installed at any point on the rear vertical centerline of pickup trucks. Because this requirement is not effective until September 1, 1993, we have no specific knowledge as to where the manufacturers of pickup trucks will locate the lamps.

With respect to (b), NHTSA discussed the relationship of center high-mounted stoplamps to aftermarket slide-in campers or caps in the preamble to the final rule adopting the requirement. I enclose a copy of the rule (56 FR 16015) with our discussion highlighted on pages 16017 and 16018. After reading this material, if you have further questions regarding the effect on truck cap manufacturers and dealers, we shall be pleased to answer them.

With respect to (c), we assume that the situation you envision is that a truck cap has been manufactured with a center stop lamp and the dealer is installing the cap on a pickup truck. If the cap is being permanently installed, the dealer may wire the cap's lamp directly to the existing center lamp light harness, as the cap lamp is intended as a surrogate for the original lamp. If the cap is removable, the dealer may also wire in the manner you discuss, provided that when the cap is removed (and the cap lamp disconnected) the

original lamp will perform in conformance with Standard No. 108. The specific connections to be made should be done in accordance with the vehicle manufacturer's recommendations.

"3. a. We have a customer that would like to mount a flush mounted third brake light in the rear glass window of a truck cap. This window is used also as the rear access door to get to the truck bed from the outside of the truck.

b. This would allow the third brake light to be moveable and not stationery. If a consumer would have an object in the bed of the truck with the window in the open position, allowing for the third brake light to be left in an upward position and no longer viewed from the rear. Would this application be approved?"

The agency has no authority to approve or disapprove specific designs. We can advise you as to whether designs appear to conform or not to conform with the applicable laws of our agency. Conformance with Standard No. 108 is determined with respect to the vehicle in its normal operating state. With respect to your question, this would be with the pickup cap window in its closed position. Thus, your design does not raise a question of conformance with Standard No. 108.

"4. Could you please enter Russell Products, Inc. on your mailing lists for all future updated rulings on third brake lights passed or discussed at all committee meetings?"

We do not maintain a mailing list of any sort. However, "rulings" are not "passed" at "committee meetings" but are published in the Federal Register, initially as proposed rules affording a minimum of 45 days in which to comment.

After evaluation of comments, a final rule may be published, with an effective date no earlier than 30 days after issuance. We believe it likely that any future proposals and amendments would be publicized, and that you would be likely to hear of them. There are no current plans to amend these requirements.

ID: nht92-3.33

DATE: October 1, 1992 Est.

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: C. Morris Adams

TITLE: None

ATTACHMT: Attached to letter dated 9/24/92 from C. Morris Adams to Paul Jackson Rice (OCC-7768)

TEXT:

This responds to your FAX of September 24, 1992, requesting a ruling regarding the legality of lap belts at the passenger seats on school buses. As explained below, Federal law has long required lap or lap/shoulder belts to be installed at every passenger seating position on small school buses. Federal law has also long permitted, but not required, lap or lap/shoulder belts to be installed at passenger seating positions on large school buses, provided that those belts do not adversely affect the large school bus's compliance with the applicable safety standards. This is still the agency's position.

As you know, in 1977, NHTSA issued Federal Motor Vehicle Safety Standard No. 222, School Bus Passenger Seating and Crash Protection, which established minimum levels of crash protection that must be provided for occupants of all school buses. For large school buses (those with a gross vehicle weight rating (GVWR) of more than 10,000 pounds), the standard requires occupant protection through a concept called "compartmentalization" -- strong, well-padded, well-anchored, high-backed, evenly spaced seats. Small school buses (those with a GVWR of 10,000 pounds or less) must provide "compartmentalization" and be equipped with lap or lap/shoulder belts at all passenger seating positions. The agency believes that safety belts are necessary in addition to "compartmentalization" in small school buses because of their smaller size and weight, which are closer to that of passenger cars and light trucks.

Ever since 1977, NHTSA has indicated that Federal law permits lap or lap/shoulder belts to be installed at the passenger seating positions on large school buses as long as the vehicle would still comply with all applicable safety standards, including Standard No. 222. NHTSA has no information to indicate that installation of seat belts at the passenger seating positions on a large school bus would affect the bus's compliance with any safety standard.

The allegations in your FAX that using seat belts in large school buses will result in crash forces producing concentrated loading on the head, instead of being spread evenly over the upper torso as is the case without a seat belt, are nearly identical with the explanations included in a 1985 Transport Canada report on school bus safety. NHTSA carefully evaluated and considered the Canadian report and these explanations in connection with its rulemaking action considering whether to specify requirements for voluntarily installed seat belts on large school buses. 54 FR 11765; March 22, 1989. After fully considering the Canadian report, the agency stated at 54 FR 11770: NHTSA shares commenters' concerns about any implications that safety belts negatively affect the protection provided to passengers on large school buses. However, the agency is not aware of accident data showing an injury caused or made more serious by the presence of safety belts on a school bus. Furthermore, NHTSA cannot conclude from the Canadian report's findings that belts actually degrade the benefits of compartmentalization to the extent that the supplemental restraint system renders inoperative the safety of large school buses, but the possibility exists that the occupant kinematics shown in the Canadian tests could occur.

The agency then identified some possible safety benefits that could result from seat belts in large school buses, benefits that were not considered in the Canadian tests. The agency concluded that, "Although these benefits are not significant enough to justify a Federal requirement for the installation of safety belts on all large school buses, they are enough to provide a basis upon which the agency will decline to prohibit the installation of belts on large school buses." 54 FR 11765, at 11770; March 22, 1989. I have enclosed a copy of this notice for your information.

As you can see, NHTSA has carefully considered the subject raised in your FAX and reviewed all available information in this area. After that review, the agency concluded that there was no justification for changing its longstanding position that persons that wish to do so should be permitted to install seat belts at passenger seating positions in large school buses. Your letter did not provide any data that NHTSA had not already considered. Hence, there is no basis for the agency to change its longstanding position in this area.

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

ID: nht90-3.90

TYPE: Interpretation-NHTSA

DATE: September 10, 1990

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Harold Williams

TITLE: None

ATTACHMT: Attached to letter dated 4-3-90 from H. Williams to Chief Counsel, NHTSA (OCC 4640)

TEXT:

This responds to your letter asking about requirements on marketing your product, an aftermarket mirror wiper for truck mirrors that hooks into the truck's air system. You asked whether the National Highway Traffic Safety Administration (NHTSA) had requ irements for materials to be used with such a product. You also requested the agency send any regulations about such a product. The following discussion and the enclosed information sheet, "Information for New Manufacturers of Motor Vehicles and Equipm ent" explain your responsibility under NHTSA's regulations.

As way of background information, the National Traffic and Motor Vehicle Safety Act of 1966, as amended (the "Safety Act") authorizes this agency to issue safety standards applicable to motor vehicles and items of motor vehicle equipment. The Safety Act also requires that these safety standards establish minimum levels of performance for vehicles or equipment. Once the necessary performance level has been established, vehicle or equipment manufacturers are free to choose any means they wish to achieve the required level of performance. In other words, the safety standards do not require the use of any particular manufacturer's product or particular materials; the standards permit the use of any manufacturer's product that achieves the necessary perf ormance level. Section 114 of the Safety Act (15 U.S.C. 1403) requires manufacturers to certify that each of its vehicles or items of motor vehicle equipment complies with all applicable safety standards. Because of this provision in the law, NHTSA cann ot approve, endorse, or certify any motor vehicle or item of motor vehicle equipment.

Although NHTSA has no safety standard directly about a mirror wiper, the agency has exercised its authority to establish performance requirements for rearview mirrors installed in any new vehicle in Standard No. 111, Rearview Mirrors (49 CFR S571.111; co py enclosed). This means that vehicle manufacturers must certify that each of their new vehicles complies with the applicable requirements of Standard No. 111.

As for installation of your device on mirrors in the aftermarket, such installations are limited by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits any manufacturer, distributor, dealer, or motor vehicle repair b usiness from knowingly rendering inoperative any device or element of design installed on or in a motor vehicle in compliance with an applicable safety standard, such as Standard No. 111. If installation of your mirror wiper resulted in a vehicle no lon ger complying with Standard No. 111, a manufacturer, distributor, dealer, or repair business that installed the mirror wiper would have rendered inoperative a device (the mirror system) installed on the vehicle in compliance Cwith Standard No. 111. To a void a "rendering

operative" violation, you should examine your product to determine if installing your mirror wiper would result in the mirror no longer complying with the Standard's requirements.

Section 109 of the Safety Act (15 U.S.C. 1398) specifies a civil penalty of up to $1,000 for each violation of the "render inoperative" provision.

Please note that the Safety Act does not establish any limitations on an individual vehicle owner's ability to alter his or her own vehicle. Under Federal law, individual owners can install any device they want on their own vehicles, regardless of whethe r that device renders inoperative the vehicle's compliance with the requirements of Standard No. 111.

Other statutory provisions in the Safety Act could affect your product. Manufacturers of motor vehicle equipment such as your mirror wiper are subject to the requirements in sections 151-159 of the Safety Act (15 U.S.C. 1411-1419) on the recall and remed y of products with defects related to motor vehicle safety. The Safety Act specifies that if either your company or this agency determines that a safety-related defect exists in your product, your company as the manufacturer must notify purchasers of th e safety-related defect and must either:

(1) repair the parts so that the defect is removed; or

(2) replace the parts with identical or reasonably equivalent parts which do not have a defect.

Whichever of these options is chosen, the manufacturer must bear the full expense and cannot charge the owner for the remedy if the equipment was purchased less than eight years before the notification campaign.

I hope this information is helpful. If you have any further questions, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

ID: nht91-5.16

DATE: August 7, 1991

FROM: Jerry Ralph Curry -- Administrator, NHTSA

TO: Quang Van Nguyen -- Houston Express Reprographics, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 6-12-91 from Quang Van Nguyen to Samuel K. Skinner

TEXT:

This responds to your letter of June 12, 1991, to Secretary Skinner, with reference to your invention "Emergency and Safety Lights."

You have noted that when the hazard warning signal is operating, the vehicle turn signal lamps are not. You have told us of witnessing an accident in which safety was compromised by the inability to use the turn signal lamps when the hazard signals were operating, and your invention addresses this concern. From the drawings you enclosed, this invention appears to consist of a housing with the high-mounted stop lamp in the center, flanked by two lamps which would provide the hazard warning signal function, and which are completely separated from the center lamp by triangular dividers. You have asked that the Department of Transportation support and approve your invention "for all types of automobiles."

The Department has no authority to "approve" or "disapprove" safety inventions, but we can advise you of the relationship of your device to the Department's statutes and regulations. In this instance, the relevant statute is the National Traffic and Motor Vehicle Safety Act (the Act), and the relevant regulation is Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices and Associated Equipment. Further, we must distinguish between use of the invention as "original equipment" (installed on new motor vehicles, either by the manufacturer or the dealer, before its first sale), or "aftermarket equipment" (installed by a manufacturer, distributor, dealer, or motor vehicle repair business, after a vehicle's first sale).

Under Standard No. 108, the hazard warning function is provided by activating all four turn signal lamps. You are correct that simultaneous operation of the turn and hazard warning functions is impossible. Although Standard No. 108 contains no explicit requirements for hazard warning systems, it contains explicit requirements for the flashers and switches that must be used in hazard warning systems. Specifically, new motor vehicles must be equipped with flashers meeting the requirement of SAE Recommended Practice J945, Vehicular Hazard Warning signal Flasher, February 1966, and switches meeting the requirements of SAE Standard J910, Hazard Warning Switch, January 1966. The definitions of flasher and switch contained in each of the SAE materials specify that when the hazard switch is actuated, the flasher causes the turn signal lamps to flash. The effect of this is that the hazard warning signal lamps must meet the photometric and minimum lens area specifications for turn signal lamps, which are explicit requirements of Standard No. 108, specifically, the requirements of SAE Standard J588 NOV84, Turn Signal Lamps. Were your device installed on a motor vehicle, the hazard function would no longer be provided through the turn signal lamps, and the vehicle would

fail to comply with Standard No. 108. For this reason, your device could not be installed as original equipment.

With respect to the aftermarket the Act prohibits any manufacturer, dealer, distributor, or motor vehicle repair business from wholly or partially rendering inoperative any device or element of design installed in accordance with a Federal motor vehicle safety standard. Your device does not appear intended for installation by the vehicle owner, who is exempt from the statutory prohibition mentioned above. Because it would render the hazard warning system inoperative, the device, if sold in the aftermarket, could not be legally installed.

Federal law, however, would not preclude its installation on a passenger car that was manufactured before Standard No. 108 became effective, that is to say, a vehicle manufactured before January 1, 1969. Nevertheless, its legality would still be subject to State and local laws. We are unable to advise you on such laws, and suggest that you consult the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.

Although we have no data indicating that accidents such as you witnessed are frequent, we appreciate the concern you have shown. If you are interested in carrying this matter further, we suggest that you investigate the possibility of turning your device into a supplementary turn signal system that could be activated by a separate switch when the hazard warning system is in operation. If this is feasible for you, and if you intend to use the device as planned at present, we shall be pleased to provide you with an interpretation on supplementary lighting, and on the requirements for center high-mounted stop lamps.