ID: 16443.ztv

Mr. Adam Englund
VeloCity
3373 Calle del Sur
Carlsbad, CA 92009-8616

Dear Mr. Englund:

This is in reply to your letter of November 13, 1997. I am sorry that we did not receive your original letter of October 14. Nor did we receive the product brochure that the letter mentions is enclosed. However, we are able to answer your request for an interpretation on the basis of information in your letter.

Your client, the Electric Transportation Company ("ETC"), manufactures an electric power pack, the ETC Express, that is designed for installation on bicycles. You state that the bike must be pedaled to activate the motor and that "the pedal assist system will not operate on its own, in the absence of muscular effort . . . ." You have asked for an interpretation that the ETC Express is not a "motor vehicle" or "motor vehicle equipment" for purposes of the regulations of the National Highway Traffic Safety Administration.

I am pleased to confirm your request. Because of your background in powered bicycles you are well aware that we consider a bicycle with a motor to be a "motor vehicle" if the vehicle is able to travel on level ground propelled solely by the motor, without any muscular input by the operator, for the duration of the battery charge. On the other hand, if the motor only assists the operator, and cannot propel the bicycle without the muscular input of the operator, a bicycle with this type of power assist motor is not considered a "motor vehicle" subject to our jurisdiction. It is a "bicycle," subject to the regulations of the Consumer Product Safety Commission.

On the basis of your statement that "the pedal assist system will not operate on its own, in the absence of muscular effort," a bicycle equipped with the ETC Express would not be a "motorvehicle" as we have interpreted the term with respect to motorized bicycles. This means that the ETC Express would not be considered "motor vehicle equipment" either.

Sincerely,
John Womack
Acting Chief Counsel
ref:VSA
d.12/97

ID: 16451.drn

Lance Tunick, Esq.
Vehicle Services Consulting, Inc.
P. O. Box 1015
Golden, CO 80402-1015

Dear Mr. Tunick:

This responds to your request for an interpretation as to whether Item 4A Glazing, "Rigid Plastic for Use in Side Windows," specified in Standard No. 205, Glazing materials, is permitted in the rear window that is behind a retractable roll bar in a convertible passenger car. As explained below, the answer is no.

Your letter asks for confirmation that a motor vehicle depicted in three enclosed photographs is a convertible, and asks whether Item 4A Glazing may be used in the rear and side windows of the convertible "if they meet the criteria of S5.1.2.11(a)(2)." The photographs depict a two door vehicle with two seats, space behind the seats, and a raked windshield. One photograph depicts a vehicle with no side glazing or roof. A second photograph shows a closer view of the top half of the vehicle, with a roll bar and an apparently retractable rear window. The rear window curves around the vehicle so that part of it can be seen from the side. The third photograph shows the entire vehicle with the roll bar and the rear window in place.

In a telephone conversation with Dorothy Nakama of my staff, you explained that by "side windows," your letter did not mean the glazing that rolls up and retracts within the driver and passenger side doors, but refers to the part of the rear window that is visible from the side. You explained that the vehicle includes a retractable rear window, retractable roll bar, and has a removable center or roof piece that can be stored in the trunk. You explained that the glazing behind the roll bar at the rear of the vehicle is of one piece. You also stated to Ms. Nakama that the vehicle has four designated seating positions.

We would agree that the vehicle is a convertible. NHTSA interpretations have consistently defined "convertible" as a vehicle whose "A" pillar or windshield peripheral support is not joined with the "B" pillar (or rear roof support rearward of the "B" pillar position) by a fixed, rigid structural member. The vehicle you ask about meets this definition.

The locations in a vehicle where Item 4A Glazing may be used are specified in S5.1.2.11, Test Procedures for Item 4A - Rigid Plastic for Use in Side Windows Rearward of the "C" Pillar. S5.1.2.11 was established in Standard No. 205 in a final rule published on August 12,

1996 (61 FR 41739, effective September 11, 1996). The preamble to the final rule explained that NHTSA decided to adopt an approach that, unlike the proposal, does not refer to any vehicle type. Instead, the approach is based on the relative location of a window in any vehicle and the occupant seats in that vehicle.

Item 4A Glazing is permitted in the following specific vehicle locations (see S5.1.2.11(a)):

(1) All areas in which Item 4 safety glazing may be used. (See S5.1.2.11(a)(1).)

(2) Any side window that meets the criteria in S5.1.2.11(a)(2)(I) and (ii). (See S5.1.2.11(a)(2).)

In reviewing "[A]ll areas in which Item 4 safety glazing may be used," we note that in ANSI Z-26.1a-1980, Item 4 Glazing is permitted in "(h) The rear windows of convertible passenger car tops." Since the vehicle depicted in your photographs is a convertible, the glazing does not meet subparagraph (h) because the glazing in the vehicle is separate from (not of the same piece as) the convertible top, and therefore is not a rear window of a convertible passenger car top.

Item 4A Glazing is also permitted in "[a]ny side window that meets the criteria in S5.1.2.11(a)(2)(I) and (ii)." Based on our observation of the photographs of the retractable glazing behind the roll bar, we would consider the glazing to be a "rear window" only, not a "side window." This is because the retractable glazing is positioned behind the roll bar in the side view, such that the view through it is obstructed by the roll bar. Since the retractable glazing is not considered to be a side window, it is not a location "that meets the criteria in S5.1.2.11(a)(2)(I) and (ii)." Since the location where you wish to place Item 4A Glazing meets neither S5.1.2.11(a)(1) nor (2), Item 4A Glazing may not be placed in the rear window.

I hope this information is helpful. If you have any specific questions about this letter, please contact Dorothy Nakama. If you have other questions about Standard No. 205, please contact Paul Atelsek. Both Ms. Nakama and Mr. Atelsek may be reached at (202) 366-2992.

Sincerely,
John Womack
Acting Chief Counsel
ref:205
d.3/31/98

ID: 16452.wkm

Mr. Barry Livett
Assistant Director
Corporate Finance Department
Bank of China International (UK) Limited
One Canada Square
London E14 5AA

Dear Mr. Livett:

Please excuse the delay in responding to your letter to Mr. Arthur H. Neill, Jr. formerly of this Department, requesting a list of Chinese tire companies that have been granted certification by the U.S. Department of Transportation. Please be advised that Mr. Neill has retired.

You state that you work for the merchant banking arm of the Bank of China and are preparing information on the Chinese tire industry. In connection with this, you request from us a list of Chinese tire companies and/or names of Chinese tire brands that have been granted any form of U.S. certification.

The law of this country establishes a self-certification system in which manufacturers of motor vehicles and motor vehicle equipment, which includes tires, themselves certify that their products meet all applicable Federal motor vehicle safety standards. Thus, this agency does not certify, approve, disapprove, endorse, or assure compliance of any motor vehicle or item of motor vehicle equipment prior to its being introduced for sale in the retail market. Rather, this agency enforces compliance with the standards after the fact; that is, we purchase vehicles and equipment that are available to consumers in the retail market and test them for compliance. If they are found to comply, nothing further is done. If they are found not to comply, the manufacturer is responsible for correcting the problem(s), by repair or otherwise, at no expense to the customers.

We do, however, issue identification codes to each plant of each manufacturer that produces tires for sale in the United States. The purpose of such codes is that in the event of a tire recall, the codes will enable this agency to readily identify the plant in which the affected tires were produced. Therefore, enclosed in accordance with your request is a list of tire companies in China to which we have issued tire codes as of January 22, 1998.

I hope this information is helpful to you. Should you have any further questions or need additional information, please feel free to contact Walter Myers of my staff at this address or at 011-202-366-2992, or by fax at 011-202-366-3820.

Sincerely,
John Womack
Acting Chief Counsel
Enclosure
ref:574
d.2/12/98

ID: 16507.drn

Carlton R. Csiki, Division Chief
Commercial Vehicle Safety Division
Department of Motor Vehicles
State of Connecticut
60 State Street
Wethersfield, CT 06161

Dear Mr. Csiki:

This responds to your November 10, 1997, request that we clarify our pupil transportation policies concerning which vehicles we believe should be used to carry students to school-related events. I appreciate this opportunity to address your concerns.

Your letter follows up on an October 15, 1997, letter that Administrator Ricardo Martinez, M.D. sent to pupil transportation officials of each state which recommended, among other things, that certified school buses should be used to transport children to and from school and school-related events. You state that Connecticut does not prohibit the use of buses other than school buses (hereinafter referred to as "non-school buses") to transport students to and from school-related events. You believe that it may not be feasible to transport students on long field trips in a school bus, and ask whether the recommendation is contrary to provisions in Highway Safety Program Guideline No. 17, Pupil Transportation Safety (Guideline 17), which appear to make allowance for the use of "school-chartered buses" (which are non-school buses) for special events.

Our position is that children are safest when in school buses and thus these vehicle should be used rather than conventional buses, certainly when transporting children on a regular basis to and from school-related events. It should be noted that Federal law prohibits persons from selling new non-school buses if the vehicles will be used significantly for school-related events. However, non-school buses may be occasionally rented for special school-related events, because an occasional rental does not constitute "significant use" as a school bus.

Guideline 17 reflects the real world possibility that a non-school bus might have to be rented from time to time for a special event. Under the guideline, these buses, which the guideline refers to as "school-chartered buses," would be subject to the guideline's recommendations for the safe operation of school vehicles but not to the recommendations for equipping school buses with mirrors, lamps and stop arms and identifying them with signs and yellow paint. This distinction was to promote safety on trips to special events without imposing unreasonable burdens on school administrators.

The guideline's provisions for non-school buses only address the occasional, short-term rental of the vehicles. As for buses that are regularly used for school-related events, there is no question that school buses are among the safest vehicles on the road today and should be used instead of non-school buses to transport school children. We ask you and your colleagues to further consider choosing school buses over non-school buses for transporting students to these school-related events.

If you have any further questions, please contact Dorothy Nakama of my staff at (202) 366-2992.

Sincerely,
John Womack
Acting Chief Counsel
d.1/8/98
ref:VSA#571.3

ID: 1651y

Mr. Wendell D. Kegg
Tire/Wheel Consultants
12190 Hoover Avenue, OH 44685

Dear Mr. Kegg:

This responds to your letter seeking an interpretation of Federal Motor Vehicle Safety Standard No. 110, Tire Selection and Rims. You were uncertain about section S4.3.1's requirements related to the inflation pressure for spare tires specified on vehicle placards. You asked whether a vehicle manufacturer can specify a higher inflation pressure for a spare tire than the maximum inflation pressure molded on the tire's sidewall.

As you know, FMVSS 110 sets forth requirements related to vehicle placards in passenger cars. Section S4.3 requires that the placard be "permanently affixed to the glove compartment door or an equally accessible location" and display the vehicle capacity weight; the designated seating capacity; the vehicle manufacturer's recommended cold tire inflation pressure for maximum loaded weight and, subject to the limitations of S4.3.1, for any other manufacturer-specified vehicle loading condition; and the vehicle manufacturer's recommended tire size designation. FMVSS 110 does not have any provision requiring the inclusion of information on the placard related to spare tires or air pressure related to spare tires. Accordingly, a passenger car manufacturer may, but is not required to, specify information related to spare tires on the placard.

In response to your question whether a passenger car manufacturer can specify a higher inflation pressure for a spare tire than the maximum inflation pressure molded on the spare tire's sidewall, section S4.3.1 of FMVSS 110 states that the vehicle placard must not specify an "inflation pressure other than the maximum permissible inflation pressure" required to be molded on the tire itself by section S4.3 of FMVSS 109, New Pneumatic Tires, unless the alternative inflation pressure satisfies the three conditions set forth in S4.3.1. The first condition requires that the alternative inflation pressure be less than the maximum permissible inflation pressure. The second condition requires that the vehicle loading condition be specified for the alternative reduced pressure. The third condition requires that the tire load rating be specified by an individual manufacturer for the tire size at that inflation pressure that is not less than the vehicle load on the tire for that vehicle loading condition. Accordingly, a vehicle manufacturer could not specify on its placard an inflation pressure that exceeds the maximum permissible inflation pressure.

I am enclosing a December 13, 1984 letter to Mr. Alberto Negro of Fiat, which explains the agency's position concerning a manufacturer's specification on the placard of an inflation pressure that exceeds the maximum inflation pressure molded on the tire. As that letter indicates, a manufacturer would have to meet each of the conditions specified in section S4.3.1, including that the alternative inflation pressure must be less than the maximum permissible inflation pressure. Because spare tires are subject to these requirements like any other pneumatic tire, a vehicle manufacturer could not specify a higher inflation pressure for a spare tire than the maximum inflation pressure molded on that tire.

If you have any further questions or need additional information on this subject, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosure

/ref:109#110 d:l/l8/89

ID: 16528.drn

The Honorable Phil English
U.S. House of Representatives
310 French Street, Suite 107
Erie, PA 16507

Dear Congressman English:

Thank you for your letter on behalf of your constituent, Mr. Gary New of New Car Rental in Erie, who asks about this agency's school bus regulations. Your letter has been referred to my office for reply.

Mr. New wishes to know whether he can rent 15-passenger vans to schools to transport students to sports events. As explained below, Federal law permits the lease of a van on a one-time or very occasional basis. However, because States have the authority to regulate the use of vehicles, Mr. New should contact Pennsylvania officials to see if State law would permit the lease of the vans.

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue and enforce Federal motor vehicle safety standards applicable to new motor vehicles. Our statute at 49 U.S.C. 30112 requires any person selling or leasing a new vehicle to sell or lease a vehicle that meets all applicable standards. Accordingly, persons selling or leasing a new "school bus" must sell or lease a vehicle that meets the safety standards applicable to school buses. Our statute defines a "school bus" as any vehicle that is designed for carrying 11 or more persons and which is likely to be "used significantly" to transport "preprimary, primary, and secondary" students to or from school or related events. 49 U.S.C. 30125. Therefore, a 15-passenger van that is likely to be used significantly to transport students is a "school bus."

If the new van is sold or leased to transport pupils (e.g., leased on a regular or long-term basis to a school), the vehicle must meet NHTSA's school bus standards. Conventional 15-passenger vans cannot be certified as doing so, and thus cannot be sold or leased, as new vehicles, to carry students on a regular basis.

However, a one-time or very occasional rental would be permitted. Because such use would not constitute "significant use" as a school vehicle, the van would not be a "school bus" and thus may be leased to the school for the special event.

The requirement to sell or lease complying school buses applies only to new vehicles. If a school wishes to buy a used 15-passenger van or enter into a long-term lease, NHTSA would not require the seller or lessor to sell or lease a school bus. However, NHTSA believes that school buses are one of the safest forms of transportation in this country, and therefore strongly recommends that all buses that are used to transport school children be certified as meeting NHTSA's school bus safety standards. Further, using 15-passenger vans that do not meet the school bus standards to transport students could result in increased liability in the event of a crash. Since such liability would be determined by State law, Mr. New may wish to consult with his attorney and insurance carrier for advice on this issue.

I hope this information will assist you in responding to your constituent's concerns. I have enclosed a question-and-answer sheet on "Dealer's Questions about Federal School Bus Safety Requirements." If you have any further questions, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,
John Womack
Acting Chief Counsel
Enclosure
ref:VSA#571.3
d.12/18/97

ID: 1652y

Mr. Leonard M. Perkins
213 S. Pleasant
Prescott, AZ 86303

Dear Mr. Perkins:

Secretary Burnley has asked me to respond to your letter of September 7, 1988, with respect to your lighting device. In essence, this is a center high-mounted stop lamp, with turn signal lamps adjacent to it. You believe that high-mounted turn signals "joined with the rear window brake light should have a dramatic effect on rear and side collisions", but you have been told that "this conception is at present illegal."

Paragraph S4.4 of Federal Motor Vehicle Safety Standard No. l08 states that "no high-mounted stop lamp shall be combined with any other lamp or reflective device." We interpret this as prohibiting lamps or reflective devices that share a single lens or compartment with the center highmounted lamp. Your device shows lamps adjacent to the center highmounted lamp but not combined with it. Therefore, your device is not prohibited by that paragraph of the standard if you wish to market this device as original equipment. The next question to ask is whether it impairs the effectiveness of required lighting equipment (paragraph S4.1.3), principally the center stoplamp. For example, if the yellow turn signals were too bright or if the color of the turn signal were red, these lamps might "impair the effectiveness" of the center stoplamp. However, this is a determination to be made, in the first instance, by the manufacturer of the vehicle who must certify compliance with Standard No. l08.

If you wish to sell your device in the aftermarket, it is acceptable under Federal law if its installation does not adversely affect the operation of motor vehicle equipment installed in accordance with a Federal motor vehicle safety standard so that the equipment would no longer comply with the standard. Assuming that the installation does not have this effect, the legality of installing or using such a device must then be determined according to the laws of any State in which a vehicle so equipped is registered or operated, and these auxiliary lamps must comply with any State requirements. We cannot advise you on State laws. One source of advice is the American Association of Motor Vehicle Administrators, 4600 Wilson Blvd., Arlington, Va. 22203.

Sincerely,

Erika Z. Jones Chief Counsel

ref:108 d:l/l8/89

ID: 16537.drn

Mr. Karl-Heinz Ziwica
General Manger, Environmental Engineering
BMW of North America, Inc.
BMW Plaza
Montvale, NJ 07645-1866

Ref: A:FW22197

Dear Mr. Ziwica:

This responds to your request for an interpretation of Standard No. 102, Transmission shift lever sequence, starter interlock, and transmission braking effect as it applied to a proposed BMW transmission design with electronic shifting controls.

We have reviewed the arguments presented in your request for an interpretation, and cannot agree with BMW that S3.1.1 Location of transmission shift lever positions on passenger cars, S3.1.3 Starter interlock and S3.1.4 Identification of shift lever positions "are not applicable to automatic transmissions without a shift lever." However, the agency is carefully reviewing BMW's related petition for rulemaking submitted on November 19, 1997, the same date as the request for interpretation. The agency will inform you of its decision on the petition for rulemaking after it has completed its review of your petition.

I hope this information is helpful. If you have any questions, please contact Dorothy Nakama of my staff at (202) 366-2992.

Sincerely,
John Womack
Acting Chief Counsel
ref:102
d.3/4/98

ID: 16539.wkm

Mr. Donald W. Vierimaa
Vice President - Engineering
Truck Trailer Manufacturers Association
1020 Princess Street
Alexandria, VA 22314-2247

Dear Mr. Vierimaa:

Please pardon the delay in responding to your letter to Dr. Ricardo Martinez, the National Highway Traffic Safety Administration (NHTSA) Administrator, in which you referred to subsection S5.3, Federal Motor Vehicle Safety Standard (Standard) No. 120, Tire selection and rims for motor vehicles other than passenger cars (49 CFR 571.120), and asked whether kilograms and pounds can be abbreviated kg and lb respectively. The answer is yes.

Subsection S5.3, Label information, requires that each vehicle other than passenger cars shall show tire and rim labeling as specified in S5.3.1 and S5.3.2 respectively, "in the format set forth following this section." Examples of the required labeling are set forth following paragraph S5.3.2, entitled "TRUCK EXAMPLE -- SUITABLE TIRE-RIM CHOICE." In those examples the words "kilograms" and "pounds" are spelled out, with no indication that abbreviations may be used.

The labeling is required to be shown "in the format" set forth in the examples. In a denial of a petition for reconsideration and denial of a petition for rulemaking concerning our child seat standard published in the Federal Register on June 4, 1993 (58 FR 31658) (extract enclosed), NHTSA stated:

Format refers to the general appearance of the form and to aspects such as type size, size and placement of margins, size and placement of the spaces for the consumer's name and address, and overall organization of the printed material.

Since no reference is made to the use of abbreviations, it is our opinion that the requirement that the specified labeling be "in the format" shown at the end of the section does not prohibit the use of appropriate abbreviations.

For the sake of brevity, NHTSA has always routinely used abbreviations throughout its standards, especially on prescribed labels. This saves scarce space on such labels and the more commonly used abbreviations, such as "kg" for kilograms and "lb" for pounds, are widely known and recognized by the public. Accordingly, those abbreviations are tantamount to the full spelling of those words and may be used interchangeably with the full spelling of those words in the labeling required by S5.3, Standard No. 120.

I hope this information is helpful to you. Should you have any questions or need additional information, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992, fax (202) 366-3820.

Sincerely,
John Womack
Acting Chief Counsel
Enclosure
ref:120
d.3/19/98

ID: 1653y

The Honorable Jim Bates
Member, U.S. House of Representatives
430 Davidson St., Suite A
Chula Vista, CA 92010

Dear Mr. Bates:

This is in reply to your letter of October 19, l988, with reference to an invention by your constituent, Angelo R. Collica. You have asked for "the requirements necessary to install lighting devices on motor vehicles."

Since we do not have a description of Mr. Collica's device, our answer must therefore be general in nature. There are different answers, depending upon whether a device is installed before or after the first sale of a vehicle.

A supplementary lighting device installed on a vehicle by a vehicle manufacturer or dealer before its first sale to a consumer is permissible as long as it does not impair the effectiveness of lamps, reflective devices, and associated equipment that are required by the Federal motor vehicle safety standard on lighting. Examples of impairment are diminished brightness of a lamp due to interference with its wiring, or a confusion of its function through close proximity or signal of the supplementary device. In general, also, all lighting equipment other than hazard warning/turn signals, and headlamps flashed for signalling purposes, must be steady-burning in use. Whether a device creates an impairment is a determination to be made by the vehicle manufacturer in its certification of compliance with the Federal safety standards, or by the dealer, before sale of the vehicle.

The installation of a supplementary lighting device on a vehicle after the vehicle's first sale to a consumer is acceptable under Federal law, provided that the installation does not degrade the performance of any device or element of design installed in accordance with any Federal motor vehicle safety standard. This prohibition applies to vehicle manufacturers, distributors, dealers and repair businesses. It does not, however, apply if the supplementary lighting device is installed by the vehicle owner.

The legality of operating a supplementary device, installed after vehicle sale, is primarily determinable under the laws of any State in which a vehicle using it is registered or driven. The American Association of Motor Vehicle Administrators, 4600 Wilson Blvd., Arlington, Va. 22203, is able to advise on State laws.

I hope that this has been helpful to you.

Sincerely,

Diane K. Steed

/ref:108 d:l/23/89