ID: nht92-2.48

DATE: 11/03/92

FROM: PAUL JACKSON RICE -- CHIEF COUNSEL, NHTSA

TO: G. THOMAS OWENS -- SENIOR ENGINEERING REPRESENTATIVE, AETNA

ATTACHMT: ATTACHED TO LETTER DATED 9-9-92 FROM G. THOMAS OWENS TO OFFICE OF THE CHIEF COUNSEL, NHTSA (OCC 7764)

TEXT: This responds to your letter requesting information regarding the legal aspects of school bus safety standards. Specifically, you requested a book or pamphlet containing the requested information.

By way of background information, under the provisions of the National "Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. 1381 et seq. (Safety Act), the National Highway Traffic Safety Administration (NHTSA) is authorized to promulgate Federal motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles, in order to reduce the number of fatalities and injuries that result from motor vehicle crashes. In 1974 Congress enacted the Motor Vehicle and Schoolbus Safety Amendments of 1974 which, by amending section 121 of the Safety Act, directed the issuance of motor vehicle safety standards on specific aspects of school bus safety, applicable to all school buses. Those standards became effective on April 1, 1977 and are included, along with the rest of the agency's safety standards, in 49 CFR Part 571.

The Safety Act defines a school bus as a vehicle that "is likely to be significantly used for the purpose of transporting primary, preprimary, or secondary school students to or from such schools or events related to such schools." NHTSA further defines a school bus as a motor vehicle designed for carrying eleven or more persons, including the driver, and sold for transporting students to and from school or school-related events. See 49 CFR 571.3.

It is a violation of Federal law for any person knowingly to sell as a school bus any new vehicle that does not comply with all applicable Federal school bus safety standards. On the other hand, once a vehicle has been sold to the first purchaser for purposes other than resale, it may be used to transport school children without violating Federal law, even though it may not comply with Federal school bus safety standards. That is because individual states have the authority to regulate the use of vehicles. Therefore, to ascertain whether one may use noncomplying vehicles to transport school children, one must look to state law. It is this agency's position that vehicles meeting Federal school bus safety standards are the safest way to transport school children.

Please find enclosed a pamphlet issued by this agency entitled Federal Motor Vehicle Safety Standards and Regulations, which summarizes our safety standards. Specifically, the following standards include requirements for school buses:

Standards 101 through 104;

Standards 105 (school buses with hydraulic brakes)

Standards 106 through 108; Standards 111 through 113;

Standard 115;

Standard 116 (school buses with hydraulic service brakes);

Standards 119 and 120;

Standard 121 (school buses with air brakes);

Standard 124;

Standard 131 (effective September 1, 1992);

Standards 201 through 204 (school buses with a gross vehicle weight rating (GVWR) of 10,000 pounds or less);

Standard 205;

Standards 207 through 210;

Standard 212 (school buses with GVWR of 10,000 pounds or less);

Standard 217;

Standard 219 (school buses with GVWR of 10,000 pounds or less);

Standard 220;

Standard 221 (school buses with GVWR greater than 10,000 pounds);

Standard 222;

Standards 301 and 302.

Some of the above-listed standards have unique requirements for school buses, including, but not necessarily limited to, Standards 105, 108, 111, 217, and 301. Other standards are applicable only to school buses, such as Standards 131, 220, 221, and 222. Standard 131 was promulgated on May 3, 1991 and may be found at 56 Federal Register 20370. It requires all school buses manufactured after September 1, 1992, to be equipped with stop signal arms. Standard 220 establishes requirements for school bus rollover protection. Standard 221 establishes strength requirements for school bus body panel joints. Standard 222 establishes minimum crash protection levels for occupants of school buses. Under the provisions of Standard 222, small school buses, that is those with a GVWR of 10,000 pounds or less, must be equipped with lap belts. For large school buses, those with a GVWR greater than 10,000 pounds, the standard requires occupant protection through "compartmentalization," a concept which calls for strong, well-padded, well-anchored, high-backed, evenly spaced seats.

Should you wish copies of our safety standards, I am enclosing for your information a fact sheet prepared by this office entitled Where to Obtain NHTSA's Safety Standards and Regulations.

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

ID: nht92-3.10

DATE: October 22, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Paul D. Barron -- Professional Technologies International Inc.

TITLE: None

ATTACHMT: Attached to letter dated 8/25/92 from Paul D. Barron to Paul Jackson Rice and Marvin Shaw (OCC-7685)

TEXT:

This responds to your inquiry about this agency's requirements that are applicable to your product, a "UV Heat Shield." Your sales literature explains that this product is a UV protective window film that permits between 88 to 92 percent light transmission through the front Windshield. You state that the UV Heat Shield blocks ultra-violet radiation from entering the vehicle's occupant compartment. I am pleased to have this opportunity to explain our regulations to you.

By way of background information, section 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.

Under the authority of the Safety Act, NHTSA has issued Standard No. 205, which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (e.g., 70 percent in areas requisite for driving visibility, which includes all windows in passenger cars). The purpose of this requirement is to ensure driver visibility through the windows, thereby reducing the risk of a motor vehicle crash.

Manufacturers must certify that their new vehicles comply with the requirements of all applicable safety standards. If, before the vehicle were first purchased by a consumer, a subsequent manufacturer or dealer were to install your window film over the glazing, that subsequent manufacturer would be required to certify that the vehicle continues to comply with the requirements of Standard No. 205 with the window film installed. I note that while you state that your window film permits between 88 to 92 percent light transmission through the front windshield, it is the windshield with your product installed that would be required to meet the 70 percent light transmittance requirement.

After a vehicle is first sold to a consumer, modifications to the vehicle are affected by S108(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 from knowingly "rendering inoperative" any device or element of design installed in a vehicle in compliance with any applicable safety

standard. This provision means that no manufacturer, dealer, distributor, or repair business could install window tinting film if the addition of the tinting film to the glazing would result in a light transmittance of less than 70 percent, or otherwise cause the vehicle to no longer comply with the applicable requirements of Standard No. 205. Violations of this "render inoperative" prohibition can result in Federal civil penalties to the manufacturer, dealer, distributor, or repair business of up to $1,000 for each noncomplying installation.

Section 108(a)(2)(A) of the Safety Act does not affect vehicle owners. Hence, vehicle owners themselves may install tinting film or any other product on the glazing of their vehicle, regardless of whether the installation causes the vehicle to no longer comply with Standard No. 205. Individual States have the authority to regulate the operational use of vehicles by their owners, and, therefore, have the authority to regulate or preclude individual owner modifications to the glazing of their vehicles. If you are interested in further information on the provisions on the provisions of State laws, you may wish to contact the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, VA 22203.

In addition, under the Safety Act, the UV Heat Shield 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 S151-159 of the Safety Act concerning the recall and remedy of products with safety related defects. In the event that NHTSA or the 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.

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

ID: nht90-4.67

TYPE: Interpretation-NHTSA

DATE: November 29, 1990

FROM: John K. Roberts -- Vice President, Muth Advanced Technologies

TO: Richard Van Iderstine -- NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 1-15-91 to John K. Roberts from Paul Jackson Rice (A37; Std. 108)

TEXT:

Thank you for speaking with me yesterday about FMVSS requirements for automobile and truck mirrors. As I said, Muth Advanced Technologies is developing and marketing a unique vehicle mirror device which may be governed by two or more FMVSS rules (108 an d 111). Correct interpretation of those standards as they apply to this device is very important to us. For this reason, we appreciate being able to speak directly to people who understand the letter and intent of those rules.

For your edification, I have enclosed a brief description of the technology we're working on (presently known as "STM", or "Stop Turn Mirror"). We anticipate STM's being used as safety enhancements on certain vehicles, in combination with (or possibly i n place of) CHMSL's. Hopefully, the enclosed description will give you a clear conception of the device.

Following our conversation, a number of specific questions came to mind regarding the STM and applicable FMVSS Standards:

(1) If the STM satisfies the current explicit requirements of FMVSS 111 and FMVSS 108, is there further NHTSA approval we should pursue before fielding the device?

(2) Would it be reasonable for us to apply for a variance or to seek a change in FMVSS 108, if the STM doesn't meet the letter of FMVSS 108 in certain applications, but demonstrably meets or exceeds the intent of the standard?

(3) Before a pick-up truck CHMSL standard is published, would it be possible to certify the STM as a compliant device and ensure that the wording of the new rule doesn't needlessly prohibit utilization of STM's?

(4) Is it possible that someone at NHTSA would like to see this thing or test it before we go too far in our development and marketing? It may be a useful development in vehicle safety devices with importance to industry and the public. It also may be a ready solution to the difficult issue of requiring CHMSL's on pick-up trucks. We would be happy to support any such investigative effort by supplying a model, information, etc.

If you have any further thoughts on these subjects I would be very interested in hearing them. I'll call next week to follow-up on this.

Enclosure

Muth Advanced Technologies Stop/Turn Mirror The Stop/Turn Mirror (STM) is a system which integrates the functions previously performed separately by rear view mirrors and the Center High Mounted Stop Lamp (CHMSL). The system may be particularly well suited for vans, pick-up and medium duty trucks , sports cars, motorcycles and other vehicles where design of a suitable CHMSL is difficult. The STM offers superior performance as a highly visible stop and turn indication system and simultaneous function as a mirror. Additional benefits are the elim ination of parts and improved aesthetics at a reasonable cost. Field prototypes of the STM will be available by early spring, 1991.

The basis for this product is the observation that vehicle rear view mirrors are placed such that they are quite visible to operators of following vehicles. This same placement is ideal for high visibility stop and turn signals. The STM takes advantage of this geometry by functioning as mirror and a stop/turn lamp.

The STM contains a carefully designed filter and a directional film; these allow the STM to appear as a mirror to a vehicle's driver while appearing as a lamp to the operator of a following vehicle. The filter is a multi-layer dielectric coating applied to the interior surface of the glass to form a dichroic beam splitter or cold mirror. This allows the mirror to reflect a majority of the visible spectrum while transmitting a majority of a discrete band (in this case, red). The directional film conta ins tiny "microlouvers" which allow light rays to radiate directly aft and outboard towards following vehicles. The lamp is actuated by the same circuitry that actuates the standard brake and turn lamps.

Since the STM has an average reflectivity in excess of 65%, it appears to conform with FMVSS 111 requirements for minimum mirror reflectivity.

In some applications, it is anticipated that the STM will directly satisfy the requirements of FMVSS 108, thereby qualifying as a replacement for the standard CHMSL. In other applications, the STM may fulfill the intent of FMVSS 108 without meeting it's explicit requirements. In these cases, the STM may be used in conjunction with an approved CHMSL as an enhancement.

The K.W Muth Company Inc. has applied for US and foreign patents on the STM.

ID: nht90-4.81

TYPE: Interpretation-NHTSA

DATE: December 13, 1990

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Danny Pugh -- Engineering Manager, Utilimaster Corporation

TITLE: None

ATTACHMT: Attached to letter dated 9-13-90 to Chief Counsel, NHTSA from Danny Pugh (OCC 5214)

TEXT:

This responds to your letter seeking an interpretation of Standard No. 208, Occupant Crash Protection (49 CFR S571.208). More specifically, you asked about the requirements for safety belts at the various seating positions in vehicles with a gross vehic le weight rating under 10,000 pounds that you called "van conversions."

You first asked whether a "van conversion" would be classified as a passenger car, truck, or multipurpose passenger vehicle. Vehicles commonly called "vans" may be classed in four different vehicle categories (set forth at 49 CFR S571.3) for the purpose s of our safety standards, depending on the configuration of the particular "van." Most cargo vans are classified as "trucks" under our safety standards, because those vehicles are "designed primarily for the transportation of property or special purpos e equipment." Most passenger vans are classified as "multipurpose passenger vehicles," because they do not meet the definition of a "truck" but are constructed on a truck chassis." Those vans that have eleven or more designated seating positions are cl assified as "buses" because they are "designed for carrying more than 10 persons. Finally, one minivan (the Nissan Axxess) was certified by its manufacturer as a "passenger car" because it was "designed for carrying 10 persons or less."

Additionally, the National Traffic and Motor Vehicle Safety Act places the responsibility for classifying a particular vehicle in the first instance on the vehicle's manufacturer. For this reason, NHTSA does not approve or endorse any vehicle classifica tion before the manufacturer itself has classified a particular vehicle. NHTSA may reexamine the manufacturer's classification in the course of any enforcement actions. If you are interested in the appropriate classification for a particular van conver sion, we will offer our tentative opinion if you will provide us with detailed information on the van conversion in which you are interested.

You next asked on what date safety belts were required in "van conversions," what type of safety belts, and at what locations those belts were required. As explained above, we do not class vehicles as "van conversions" for the purposes of our safety sta ndards. If the vans were classed as passenger cars, passenger cars manufactured on or after January 1, 1968 were required to have lap/shoulder safety belts at the front outboard seating positions and either lap/shoulder or lap-only safety belts at every other seating position in the car. Beginning December 11, 1989, passenger cars were required to have lap/shoulder safety belts at both front and rear outboard seating positions, with either lap/shoulder or lap-only safety belts at every other seating p osition. Since September

1, 1989, all passenger cars are required to be equipped with automatic crash protection for outboard front-seat occupants.

Multipurpose passenger vehicles and trucks with a gross vehicle weight rating of 10,000 pounds or less manufactured on or after July 1, 1971 were required to have lap/shoulder safety belts at the front outboard seating positions and either lap/shoulder o r lap-only safety belts at every other seating position in the vehicle. Beginning September 1, 1991, vans classified as multipurpose passenger vehicles or trucks (other than motor homes) must have lap/shoulder belts at both front and rear outboard seati ng positions, with either lap or lap/shoulder belts at all other seating positions. Motor homes manufactured on or after September 1, 1991 will continue to be required to have lap/shoulder belts at front outboard seating positions and either lap/shoulde r or lap-only safety belts at every other seating position. In addition, effective September 1, 1991 vans must meet dynamic crash test injury criteria for the front outboard seating positions.

If the vans were classed as buses, buses manufactured on or after July 1, 1971 were required to be equipped with either a lap/shoulder or a lap-only safety belt at the driver's seating position. Beginning September 1, 1991, buses with a gross vehicle we ight rating of 10,000 pounds or less (except school buses) must be equipped, with lap/shoulder belts at all front and rear outboard seating positions, and either lap/shoulder or lap-only safety belts at every other seating position.

Also, the agency has proposed extending the automatic crash protection requirements mentioned above to these other vehicle classifications.

I hope this information is useful. If you have any further questions or need some additional information on this subject, please contact Steve Kratzke of my staff at this address or by telephone at (202) 366-2992.

ID: nht93-2.13

DATE: 03/11/93

FROM: JOHN WOMACK -- ACTING CHIEF COUNSEL, NHTSA

TO: THOMAS L. WRIGHT -- COORDINATOR, TECHNICAL SUPPORT UNIT, STATE OF NEW JERSEY, DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF MOTOR VEHICLES

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 12-29-92 FROM THOMAS L. WRIGHT TO PATRICK BOYD (OCC 8210)

TEXT: This responds to your letter to Patrick Boyd of the National Highway Traffic Safety Administration's (NHTSA's) Office of Vehicle Safety Standards, concerning window tinting. Your letter has been referred to my office for reply.

Your questions relate to a January 22, 1992 (57 FR 2496) notice of proposed rulemaking (NPRM) on the tinting requirements of Safety Standard No. 205, "Glazing Materials." You ask about the status of the NPRM. The agency received a large number of comments on this rulemaking. We have reviewed the comments and are analyzing the issues raised in this rulemaking.

You also ask about a statement in the NPRM about Federal preemption of state window tinting laws. You ask whether Federal law preempts a state law that permits add-on window tinting material for medical or aesthetic reasons.

As explained below, the answer is no, provided that the state law regulates conduct other than that regulated by Federal law. Your question was addressed in the NPRM's discussion of the Federalism implications of the proposed rule (p. 2507).

By way of background, NHTSA issued Standard 205 under the authority of the National Traffic and Motor Vehicle Safety Act. The standard currently imposes a minimum level of light transmittance of 70% in all areas requisite for driving visibility (which includes all windows on passenger cars). The primary purpose of this requirement is to ensure adequate visibility through the windows, thereby reducing the risk of a motor vehicle crash.

Section 103(d) of the Safety Act provides that:

Whenever a Federal motor vehicle safety standard . . . is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard.

Whether state law is preempted under @ 103(d) depends in part on the conduct that is regulated by that law. Federal safety standards regulate the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. State law would be preempted to the extent it established performance requirements applicable to the manufacture of vehicles or glazing that differ from those in Standard 205. State law would also be preempted if it purported to allow the manufacture or sale of glazing materials or new vehicles containing glazing material that did not meet the specifications of Standard 205.

Federal law also regulates modifications made to new and used vehicles by motor vehicle manufacturers, distributors, dealers and repair businesses. Section 108(a)(2)(A) of the Safety Act provides that:

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

The effect of this is to impose limits on the tinting practices of businesses listed in @ 108(a)(2)(A). These businesses may not install tinting on new or used vehicles that reduces the light transmittance of windows covered by Standard 205 to a level below the Federal requirement of 70 percent. A state law would be preempted if it purported to allow modifications violating Standard 205 by these named businesses. Section 108(a)(2)(A) does not apply to actions by individual vehicle owners.

Because Federal safety standards regulate the manufacture and sale of new motor vehicles, state requirements applicable to the registration and inspection of motor vehicles after the first sale to a consumer are not preempted merely because they are not identical to the Federal safety standards, as long as they do not interfere with the achievement of the purposes of Federal law. Therefore, a state could permit the registration of a vehicle which had been altered by its owner by the addition of window tinting, even when the tinting reduces the light transmittance below the Federal standard. However, the state cannot legitimize conduct - the rendering inoperative of glazing by commercial businesses installing window tinting - that is illegal under Federal law.

I have enclosed a copy of the Report to Congress on Tinting of Motor Vehicle Windows which you requested. I hope you find this information helpful. If you have any other questions, please contact Marvin Shaw of my staff at this address or by phone at (202) 366-2992.

ID: nht93-3.22

DATE: April 26, 1993

FROM: Shintaro Nakatsuka -- Vice President, Environment & Safety, Mazda (North America), Inc.

TO: John Womack -- Acting Chief Counsel, NHTSA

COPYEE: Barry Felrice -- Associate Administrator for Rulemaking

TITLE: None

ATTACHMT: Attached to letter dated 7/29/93 from John Womack to Shintaro Nakatsuka (A41; Std. 102; Std. 114)

TEXT:

Mazda, like many other manufacturers, is relying more and more upon the use of electronics in the development of future vehicles. In the course of examining some applications of these technologies, we discovered some ambiguity between the requirements of FMVSS 102 and FMVSS 114. There appears to be an unintended inconsistency between the two regulations.

We believe that it is possible to interpret the provisions of FMVSS 102 along with the provisions of FMVSS 114 so as to eliminate this ambiguity. We are requesting that you consider the possible interpretations discussed herein and advise us whether we are correct.

In 1989, NHTSA amended FMVSS 102 in order to permit the use of electronic gear shift sequence displays. The agency replaced the requirement that the gear shift sequence be PERMANENTLY displayed with a requirement that it be displayed only when the ignition is in a position where the transmission can be shifted or when the transmission is not in park (49CFR102 S3.1.4.1).

In 1991, NHTSA amended FMVSS 114 to accommodate electrical transmission shift lock systems. Here the standard was amended to allow override systems to be incorporated in vehicles that permitted the transmission to be shifted out of park in the case of a power failure. The amendment that was added permits the transmission to be shifted out of park in the case of a power failure provided that the key is removed and the vehicle cannot be steered (49CFR114 S4.2.2(b)(1)). This permits towing when the vehicle is otherwise disabled.

In the course of examining electrical systems for future vehicle programs, we encountered some ambiguity between the two provisions discussed above. There appears to be what can best be described as unintended inconsistency between the two provisions. The agency clearly contemplated power failures and the need to deal with them when it added the override provisions to FMVSS 114. This standard permits the incorporation of features in a vehicle that allows the transmission to be moved out of park, provided first, that the key is not in the ignition so as to prevent vehicle operation, and second, that the vehicle cannot be steered.

These safeguards assure that moving the transmission out of park does not inadvertently present an unsafe situation.

However, when we turn to the requirements of FMVSS 102, that standard does not explicitly address the situation where the transmission has been moved out of park in the case of a power failure (as contemplated under the provisions of FMVSS 114). It is the safeguards that are incorporated in FMVSS 114 that allow a manufacturer to design and sell a vehicle with an electrical shift lock system.

We presume that reading FMVSS 102 alongside FMVSS 114 allows a similar situation with respect to electronic shift sequence displays. We believe that the provisions of S3.1.4.1(b) of FMVSS 102 would not have to be satisfied in a vehicle equipped with an electronic gear shift sequence display were that vehicle to suffer the same power failure that necessitated the application of the shift lock override provision of FMVSS 114, provided that the same safeguards pertained, minimizing any possible safety risk.

An alternative interpretation of this issue may be equally valid. Under this interpretation, we advance the position that the agency never intended that the provisions of FMVSS 102 would apply in situations where a manufacturer elected to use an electronic transmission shift sequence display and there was a power failure.

It is clear that the 1989 amendments were promulgated only to permit manufacturers to offer electronic displays. In amending the regulation to allow those types of displays, the agency clearly recognized that its requirements could not be satisfied under conditions where there was a power failure. Thus, compliance testing was never intended to be conducted in such a situation.

In fact, only where the agency has a particular safety concern in cases where there is a power failure, such as those conditions addressed by FMVSS 114, does NHTSA explicitly establish requirements that apply in such a situation. The absence of any such requirements in FMVSS 102 is a further indication that the standard is not meant to apply when there is no power.

We would appreciate an early response to this request for interpretation. If NHTSA does not believe that there is a suitable interpretation that permits FMVSS 102 to be read consistently with FMVSS 114, we respectfully request that this letter be treated as a petition for rulemaking and that it receive expedited treatment.

Please feel free to contact me or Mr. M. Ishibashi of this office should you have any questions.

ID: nht92-9.14

DATE: February 11, 1992

FROM: Lance Watt -- Director of Engineering, The Flxible Corporation

TO: Paul Jackson Rice -- Office of Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 4/10/92 from Paul J. Rice to Lance Watt (A39; Std. 108)

TEXT:

The Flxible Corporation is a major domestic manufacturer of city transit buses and requests an interpretation concerning FMVSS 108, "Lamps Reflective Devices, and Associated Equipment," while also referencing FMVSS 121 "Air Brake Systems."

An air brake system is used on our vehicles. As the driver starts to apply the service brake pedal to slow or stop the vehicle, a service brake stop lamp switch is activated. The stop lamp switch is installed to comply with Section S5.1.7 of FMVSS 121, "Air Brake Systems." The stop lamps are in turn activated by the stop lamp switch.

The Flxible Corporation offers optional transmissions which have internal hydraulic retarders for supplemental braking as a means to increase brake lining life. This retardation deceleration would be over and above that obtained by the normal service brake system. In our current design, the transmission retarder is electrically operated during the initial travel of the service brake pedal. As the service brake pedal is further depressed, the service brakes are activated, and this in turn triggers the stop lamp switch which in turn illuminates the stop lamps.

The Flxible Corporation has received requests from customers to activate the transmission retarder when the ACCELERATOR pedal is released. In this scenario, the service BRAKE pedal would not be used to activate the transmission retarder. However, if required, the driver could also depress the brake pedal to in turn activate the service brakes in order to achieve an even higher rate of vehicle deceleration over and above that obtained by the transmission retarder itself.

If the brake pedal were not depressed however, and with the vehicle deceleration caused solely by transmission retardation, the stop lamps would not be illuminated and therefore, following vehicles may be unaware of this sudden reduction in vehicle speed.

Some of our customers have also requested to have the transmission retarder activate the stop lamps to provide following vehicles with a warning that a sudden reduction in vehicle speed was in progress, even though it was caused by the transmission retarder as opposed to a service brake application. Again, this application of the stop lamps would be achieved by release of the accelerator and without depressing the brake pedal, and potentially without any intent to apply the service brakes on the part of the driver.

Section S5.5.4 states: "The stop lamps on each vehicle shall be activated upon application of the service brakes." This is interpreted by Flxible to mean the brake pedal would activate the service brakes which would activate the stop

lamp switch which in turn would activate the stop lights. By virtue of our customer's requests, the stop lamps would already be activated when the driver released the accelerator pedal and without any application of the brake pedal.

Flxible has in the past requested a NHTSA ruling on a further scenario outside of that, but somewhat related to that which is described here-in. Please find attached a copy of that request along with a copy of your response for reference.

Additionally, some of our customers, especially those in locations likely to experience icy or slippery road conditions, request a retarder cut off switch in order to disable the retarder and reduce the possibility of uncontrolled drive axle wheel lock-up. In cases such as this, without a dual system that would then allow stop light switch and stop light activation to be caused by application of the brake pedal as in our standard system today, a stop light activation would occur at the time of accelerator release with minimal if any change in vehicle forward speed, and again, potentially with no intent on the part of the driver to use the service brakes.

Flxible to date has resisted the customer requests as noted, however, these customers, without a specific NHTSA ruling on the request as stated above, threaten to declare Flxible a non responsive bidder on transit bus procurements. The basis of their complaints or requests in this regard stem from the fact that they require operating standardization across their various manufacturer fleets to prevent operator error or confusion.

A ruling is requested on whether a non-compliance with Section S5.5.4 of FMVSS 108 would result, if the stop lamps were activated without depressing the brake pedal as requested by our customers.

Flxible appreciates the opportunity to petition for a ruling in this complex matter so that we may use your response accordingly in responding, to our customer's requests.

Should you desire any further clarification or information on this subject, please feel free to contact the writer at (614) 362-2730.

ID: nht92-7.41

DATE: April 14, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Brad Beach

TITLE: None

ATTACHMT: Attached to letter dated 2/10/92 from Brad Beach to Taylor Vinson (OCC 6982)

TEXT:

This responds to your letter to Mr. Taylor Vinson of my staff, inquiring about Federal safety standards that apply to objects designed to be attached to the rear and side windows of passenger automobiles. Although you did not specify what this object is, you described the object as being "not transparent," rectangular in shape, with dimensions of 12 inches in width by 18 inches in length. The following discussion explains how our safety standards apply to your product.

Some general background information on the Federal motor vehicle safety laws and regulations may be helpful. Our agency, the National Highway Traffic Safety Administration (NHTSA), is authorized under the National Traffic and Motor Vehicle Safety Act (Safety Act), to issue safety standards applicable to new motor vehicles and 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 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 equipment items for compliance with the standards, and also investigates alleged safety-related defects.

The agency has issued two Federal Motor Vehicle Safety Standards that might affect your product. These are Standards No. 205, Glazing Materials, and No. 111, Rearview Mirrors. Standard No. 205 specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (70 percent in areas requisite for driving visibility, which includes all windows in passenger automobiles). Standard No. 111 sets performance requirements for rearview mirrors. The standard provides that each inside rearview mirror must provide a specified field of view to the rear of the vehicle.

Manufacturers must certify that their new vehicles complies with the applicable requirements of Standards No. 205 and 111. If, before the vehicle were first purchased by a consumer, a subsequent manufacturer or dealer were to install a device that was not readily removable over the glazing and that impaired the field of view to the rear of the vehicle, that subsequent manufacturer or dealer would be required to certify that the vehicle continues to comply with the requirements of Standards No. 111 and 205 with this additional device installed.

After a vehicle is first sold to a consumer, modifications to a vehicle are affected by section 108 (a)(2)(A) of the Safety Act. That section prohibits manufacturers, distributors, dealers, and repair shops from knowingly "rendering inoperative" any device or element of design installed on a vehicle in compliance with our standards. Thus, none of these commercial entities may

legally install a sun screen device or other device on a vehicle, if the device would cause the vehicle to no longer comply with the requirements of Standards No. 111 and/or 205.

In addition, any, manufacturer of motor vehicle equipment, such as a device that is mounted on the glazing of motor vehicles and that is not readily removable, is responsible for the recall and remedy of all such devices, if it is determined that the device contains a defect related to motor vehicle safety.

You should note that the "render inoperative" prohibition in section 108 (a) (2)(A) of the Safety Act does not affect vehicle owners, who may themselves alter their own vehicles as they please, without violating any provision of Federal law. Thus, Federal law would not prohibit you, as an individual vehicle owner, from installing any devices you wish in the windows of your own vehicle, even if such installation causes the vehicle to n longer comply with Standards No. 205, No. 111, or any other of our safety standards. The agency, however, urges vehicle owners not to take actions that would degrade the performance of the safety features designed into their vehicles.

However, you should also note that the individual States have the authority to regulate the operation and use of vehicles by their owners and modifications owners can make to their own vehicles. Each of the States have exercised this authority to establish requirements for vehicles to be registered and operated within their borders. I cannot advise you about the laws established by each of the States. If you wish to learn whether Virginia or any other State prohibits the installation of your device in a vehicle, you may wish to contact the Department of Transportation for those States in which you are interested.

I hope this information is helpful. Please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992 if you have any further questions or need additional information.

ID: nht92-7.6

DATE: May 14, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Michael F. Hecker -- Micho Industries

TITLE: None

ATTACHMT: Attached to letter dated 3/10/89 from Erika Z. Jones to Joseph Mikoll (Std. 222); Also attached to letter dated 1/8/90 from Jerry Ralph Curry (signed by Jeffrey R. Miller) to Robert J. Lagomarsino (Std. 222); Also attached to letter dated 1/31/91 from Paul J. Rice to Scott K. Hiler (Std. 222); Also attached to letter dated 11/3/88 from Erika Z. Jones (signed by Stephen P. Wood) to Joseph Mikoll (Std. 222); Also attached to letter dated 4/2/92 from Michael F. Hecker to Paul J. Rice (OCC 7174)

TEXT:

This responds to your letter of April 2, 1992 concerning possible interpretations of section S5.1.4(c) of Federal Motor Vehicle Safety Standard No. 222, School bus passenger seating and crash protection, as it applies to the R-BAR Passenger Restraint System (R-BAR). (While your letter refers to section S5.1.2(c), you clarified in a telephone conversation with Mary Versailles of my staff that your concerns relate to section S5.1.4(c).) The R-BAR is a padded restraining device, and the ends of the device attach to the rear of a school bus seatback. The device folds down for the purpose of restraining the passengers seated in the next rearward seat. Your letter states that Micho Industries believes that:

A. The standard is not applicable to the R-BAR passenger restraint.

B. The R-BAR complies with the intent of Standard No. 222.

To support these statements you offer the following reasons:

1. The R-BAR is not a fixed position device, nor is it a rigid component of the seat structure.

2. In the event of a rear impact, the R-BAR incorporates a design that allows it to move upward, and away, from the adjoining seat which would thus allow the minimum clearance as intended.

3. The standard in question (571.222, section S5.1.4(c)) was written without the authors having the benefit of knowledge of this type of device and thus allowances were not included for its possible use.

The issue of whether Standard No. 222 is applicable to a device such as the R-BAR has been addressed previously by this agency. Enclosed are copies of four letters concerning similar devices (Mr. Joseph F. Mikoll, November 3, 1988, and March 10, 1989; The Honorable Robert J. Lagomarsino, January 8, 1990; and Mr. Scott K. Hiler, January 31, 1991). Those letters make it clear that if a device such as the R-BAR is installed in any new school bus, the school bus manufacturer must certify that the vehicle meets all applicable safety standards with the device installed. The letters also make it clear that such devices may not legally be installed in used school buses by commercial establishments such as repair businesses if the effect of such installation is

to take the vehicle out of compliance with any safety standard.

With respect to your assertion that the R-BAR complies with the intent of Standard No. 222, the National Traffic and Motor Vehicle Safety Act requires NHTSA to issue Federal motor vehicle safety standards that prescribe objective requirements. Under the Act, manufacturers must certify that their products comply with the requirements of all applicable standards and not merely with some alleged "intent" of a standard. Further, manufacturers may not certify products based on speculation that the agency would have established different requirements had it known of a particular design.

With regard to your specific concerns about S5.1.4(c), that section states that when a seat back is subjected to a specified force, "(t)he seat shall not deflect by an amount such that any part of the seat moves to within 4 inches of any part of another passenger seat in its originally installed position." In the enclosed letter to Mr. Hiler, the agency stated that "once the restraining bar is attached to the seatback, it is part of the seatback." Therefore, the R-BAR would be considered a part of the seat subject to the requirements of S5.1.4.(c)

Section S5.1.4(c)'s requirements are not limited to rigid components of a seat, and therefore the fact that the R-BAR is not a fixed position device is not relevant to the applicability of those requirements. With respect to your argument that the device will move upward and away in the event of a rear impact, Standard No. 222 sets forth a specific test procedure for the requirement specified in S5.1.4(c). Manufacturers are required to certify that a vehicle complies with the requirements of the standard when tested in accordance with that test procedure.

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: 7685

Mr. Paul D. Barron
Professional Technologies International Inc.
400 South Vermont #116
Oklahoma City, OK 73108

Dear Mr. Barron:

This responds to your inquiry about this agency's requirements that are applicable to your product, a "UV Heat Shield." Your sales literature explains that this product is a UV protective window film that permits between 88 to 92 percent light transmission through the front windshield. You state that the UV Heat Shield blocks ultra-violet radiation from entering the vehicle's occupant compartment. I am pleased to have this opportunity to explain our regulations to you.

By way of background information, section 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.

Under the authority of the Safety Act, NHTSA has issued Standard No. 205, Glazing Materials, which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (e.g., 70 percent in areas requisite for driving visibility, which includes all windows in passenger cars). The purpose of this requirement is to ensure driver visibility through the windows, thereby reducing the risk of a motor vehicle crash.

Manufacturers must certify that their new vehicles comply with the requirements of all applicable safety standards. If, before the vehicle were first purchased by a consumer, a subsequent manufacturer or dealer were to install your window film over the glazing, that subsequent manufacturer would be required to certify that the vehicle continues to comply with the requirements of Standard No. 205 with the window film installed. I note that while you state that your window film permits between 88 to 92 percent light transmission through the front windshield, it is the windshield with your product installed that would be required to meet the 70 percent light transmittance requirement.

After a vehicle is first sold to a consumer, modifications to the vehicle are affected by 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 from knowingly "rendering inoperative" any device or element of design installed in a vehicle in compliance with any applicable safety standard. This provision means that no manufacturer, dealer, distributor, or repair business could install window tinting film if the addition of the tinting film to the glazing would result in a light transmittance of less than 70 percent, or otherwise cause the vehicle to no longer comply with the applicable requirements of Standard No. 205. Violations of this "render inoperative" prohibition can result in Federal civil penalties to the manufacturer, dealer, distributor, or repair business of up to $1,000 for each noncomplying installation.

Section 108(a)(2)(A) of the Safety Act does not affect vehicle owners. Hence, vehicle owners themselves may install tinting film or any other product on the glazing of their vehicle, regardless of whether the installation causes the vehicle to no longer comply with Standard No. 205. Individual States have the authority to regulate the operational use of vehicles by their owners, and, therefore, have the authority to regulate or preclude individual owner modifications to the glazing of their vehicles. If you are interested in further information on the provisions on the provisions of State laws, you may wish to contact the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, VA 22203.

In addition, under the Safety Act, the UV Heat Shield 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 151-159 of the Safety Act concerning the recall and remedy of products with safety related defects. In the event that NHTSA or the 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.

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

Sincerely,

Paul Jackson Rice Chief Counsel

Enclosures

ref:205 d:10/22/92