ID: nht87-2.41

TYPE: INTERPRETATION-NHTSA

DATE: 07/09/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. Alberto Negro

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Alberto Negro Fiat Research & Development - USA Branch Parklane Towers West Suite 1210 Dearborn, MI 48216

Dear Mr. Negro:

This is a response to Mr. Rossi's request for an interpretation of the Federal motor vehicle theft prevention standard (49 CFR Part 541), which he asked that I direct to you. That standard requires that certain parts of high-theft carlines, including the engine and transmission, be marked with the vehicle identification number, if the part is an original equipment part, or with the letter "R" and the manufacturer's trademark, if the part is a replacement part. Mr. Rossi stated that it is occasionally ne cessary to remove the original equipment engine or transmission from one of these cars and install a replacement engine or transmission in the car. The original equipment engine and/or transmission is then sent to the factory to be repaired and reconditi oned. Following such repair, the engine and/or transmission is then put into the replacement parts network.

Mr. Rossi stated his belief that the original equipment part should have the original equipment identification removed and a replacement marking put onto the part. He then asked whether Ferrari was required to remove the footprint left by the original eq uipment identification marking or if that should be left on the part. The answer is that Ferrari and all other reconditioners are not permitted to remove from any reconditioned part the original equipment identification marking inscribed or affixed to th e part in compliance with Part 541. further, reconditioners are not required to inscribe or affix any additional markings to parts they have reconditioned.

Title II of the Motor Vehicle Theft Prevention Act of 1984 (Pub. L. 98-547: the Theft Act) includes a provision that addresses this question. This section (18 U.S.C. 511) reads as follows:

S511. Altering or removing motor vehicle identification numbers

(a) Whoever knowingly removes, obliterates, tampers with, or alters an identification number for a motor vehicle, or motor vehicle part, shall be fined not more than $10,000 or imprisoned not more than five years, or both.

(b)(1) Subsection (a) of this section does not apply to a removal, obliteration, tampering, or alteration by a person specified in paragraph (2) of this subsection (unless such person knows that the vehicle or part involved is stolen).

(2) The persons referred to in paragraph (1) of this subsection are

(A) a motor vehicle scrap processor or a motor vehicle demolisher who complies with applicable State law with respect to such vehicle or part;

(B) a person who repairs such vehicle or part, if the removal, obliteration, tampering, or alteration is reasonably necessary for the repair; and

(C) a person who restores or replaces an identification number for such vehicle or part in accordance with applicable State law.

None of the exceptions set forth in 18 U.S.C. 511(b)(2) would permit Ferrari to routinely remove original equipment markings from reconditioned engines and transmissions. The first exception is not applicable, since Ferrari is clearly not a motor vehicle scrap processor or demolisher. The second exception would be applicable only in rare instances, since it is not usually necessary to remove the original equipment identification marking in order to recondition engines or transmissions. The third excepti on was explained as follows in the House Report on the Theft Act (H.R. Rep. No. 1087, 98th Cong., 2d Sess., at 24 (1984)): "The exemption also applies to persons acting under the authority of the Secretary of Transportation or State law to restore or rep lace such markings." for the policy reasons discussed below, we will not give reconditioners authority to routinely remove original equipment identification markings from engines and transmissions. Assuming Ferrari does not have authority under applicabl e State law to remove such markings, the third exception does not apply to Ferrari when it is reconditioning engines and transmissions.

If reconditioners of engines and transmissions were allowed to routinely remove the original equipment identification markings, the law enforcement purposes of the Theft Act would be seriously undermined. In response to some comments received on the prop osed Part 541, a new S541.6(b) was added to the final rule. This section expressly prohibits covered major parts from being marked as both original equipment and replacement parts. The preamble to the final rule explained the reasons for prohibiting such "dual markings" as follows:

Dual markings would give thieves the opportunity to present stolen original equipment parts as properly marked replacement parts. Once the original equipment identification (the VIN) had been obliterated from those stolen parts, a legitimate replacement part marking would remain. Assuming that the obliteration of the VIN were performed reasonably proficiently, repair shops and investigators would have little reason to suspect chat this part was anything other than a properly identified replacement part. 50 FR 43178; October 24, 1985.

These same law enforcement concerns would arise if Ferrari were to remove the VIN markings from its reconditioned engines and transmissions. If those parts were marked as both original equipment and replacement parts, the problems associated with dual ma rkings would arise. If, on the other hand, Ferrari were to try to obliterate the footprint from the original equipment, law enforcement officials would have no means of distinguishing engines Ferrari had reconditioned from stolen engines on which thieves had obliterated the original equipment marking and added a counterfeit replacement marking. In either case, it would cause confusion and uncertainty for law enforcement officials if Ferrari and the large number of other reconditioners were legitimately and routinely to remove the original equipment identification from reconditioned parts and add a replacement part marking to those parts.

Indeed, such action by reconditioners would serve to defeat the purpose of the Theft Act, which was to "decrease the ease with which stolen vehicles and their major parts can be fenced." If reconditioners routinely removed the original equipment markings from the engines and transmissions they reconditioned, car thieves could also remove those original equipment markings with impunity. If the thieves were ever questioned by law enforcement officials about the obliterated original equipment marking, they could respond that the marking must have been obliterated during reconditioning. If obliterated original equipment markings on parts do not provide law enforcement officials with evidence of illegal activity, there would seem to be no reason to require the original equipment markings on the parts.

Further, a requirement that all persons reconditioning engines and transmissions obliterate the original equipment marking and add a replacement part marking would impose significant additional costs and burdens on those persons. This would be inconsiste nt with the Theft Act's stated purpose of minimizing regulation of the aftermarket motor vehicle industry.

All of these potential problems can be avoided if reconditioners simply leave the original equipment marking on the parts after reconditioning. When those markings are left in place by reconditioners, thieves cannot claim that an engine or transmission t hat has a "footprint" in the area where the original equipment identification is placed is just a reconditioned part. Instead, the "footprint" would alert law enforcement officials to the likelihood that the original equipment marking had been unlawfully removed from the part. Further, no burdens are imposed in reconditioners if they must leave the original equipment markings in place and are not required to add any markings of their own. Therefore, we conclude that the Theft Act and Part 541 require th at businesses that recondition any major parts required to be marked pursuant to Part 541 leave those markings in place on the reconditioned parts. Part 541 does not require reconditioners to add any further identification markings to these parts.

Sincerely,

Erika Z. Jones Chief Counsel

Ms. Erika Jones Office of Chief Counsel National Highway Traffic Safety Administration 400 Seventh St., S.W. Washington, D.C. 20590

SUBJECT: Theft Prevention Standard Request for Agency Interpretation

Dear Ms. Jones:

On October 24, 1985, the agency published in the Federal Register (50 FR 43166) the final rule for the Vehicle Theft Prevention Standard and Selection of Covered Major Parts as required by the Motor Vehicle Theft law Enforcement Act of 1984.

The Vehicle Theft Prevention Standard requires a manufacture whose car line(s) fall above the median theft rate to mark the fourteen (14) major parts with the vehicle identification number (VIN) and replacement parts for those high theft lines are to be marked with the manufacturers logo and the letter "R". The standard also requires that the "target area" for marking of the replacement parts be different from the marking of the original parts marking so that repair shops and investigators can identify an original part from a replacement part.

On occasions, it becomes necessary for Ferrari to replace the original engine and/or gearbox in a customers vehicle in order to prevent tying up a customer's vehicle for an extended period to correct a major problem in the engine and/or gearbox. This rep lacement engine and/or gearbox will contain the label with the Ferrari logo and the letter "R" beginning with 1987 models.

The original engine and/or gearbox is then sent to the factory to be repaired and re-conditioned and at that point is placed in the spare parts network. The re-conditioned part will have the label containing the VIN removed and a replacement label affixe d prior to going into the spare parts network. The removal of the original parts marking label and the affixing of the replacement label is causing Ferrari some concern and they have asked that we request an agency interpretation on how to best handle th is matter.

The regulations in paragraph 541.5(d)(v)(8) requires that the removal of the label must "discernibly alter the appearance of that area of the part where the label was affixed by leaving residual parts of the label or adhesive in that area, so that invest igators will have , evidence that a label was originally present". The label to be affixed to the original engine and gearbox will be riveted and glued to the part so that when it is removed a "footprint" will be left behind.

The concern that Ferrari has for which they are requesting an agency interpretation is what to do with the "footprint" left by the original label after it is removed once the engine and/or gearbox has been re-conditioned prior to going into the spare par ts network? Do they remove the footprint or do they leave it on the part? If they are to remove it, do they have to fill in the two holes which were drilled for the rivets?

Ferrari does not want to cause confusion with repair shops or investigators when the "re-conditioned" engine and/or gearbox is used at some later date to replace a customers engine and/or gearbox that is in need of some major repair.

The agency's response to this request of interpretation should be sent to the Fiat R & D office in Dearborn, Michigan to the attention of Mr. Alberto Negro. We are prepared to supply you with any further information you may need to respond to our request .

Sincerely yours,

Ing. M. Rossi FSM/ai

ID: nht68-1.10

DATE: 04/11/68

FROM: AUTHOR UNAVAILABLE; William Hadden, Jr.; NHTSA

TO: House of Representatives

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of March 16, 1968, in reference to an inquiry from Mitts and Merrill, Incorporated, concerning the application of the Federal Motor Vehicle Safety Standards to their brush chipper.

The brush chippers as shown in the brochures you enclosed are less than 80 inches in width; therefore, Motor Vehicle Safety Standard No. 108 does not apply at present. However, after January 1, 1968, Table No. III of Motor Vehicle Safety Standard No. 108, will apply to passenger cars, multi-purpose passenger vehicles, trucks, buses, trailers and motorcycles.

We are enclosing a copy of the Federal Motor Vehicle Safety Standards as per your request and trust they assist you in this matter.

Sincerely,

mitts & merrill, inc.

March 14, 1968

Honorable James Harvey, M. C.

Sir:

REFERENCE: Your Letter of March 6 and Wire of March 11 1968

We have studied the Motor Vehicle Safety Act of 1966 and also reviewed your wire.

With regard to the above Act, the Federal Safety Standards were not sent with it. The establishment of these standards is stated in the Act under Title I, Section 103, paragraph (h) concerning issuance of Federal Safety Standards and subsequent revised standards. Please have copies of these standards sent(Illegible Word) immediately or advise at once where we may obtain same. We must know if our Brush Chipper falls under this Act.

Concerning your wire, enclosed are two copies each of our specification sheets and outline drawings of our Brush Chipper. You will note that no models are over 80" wide which will not bring them under the trailer lighting standards. Our units do require license plates.

Thank you for your efforts in our behalf.

Very truly yours,

Norman E. Hess -- Chief Engineer

enclosures

MITTS & MERRILL CHIPPER SPECIFICATIONS

MODELS -- M7, M8, M9

TRAILER UNITS -- SERIES 160 (16 INCHES) TRAILER: Frame All tubular steel, welded construction. Draw Bar Pintle eye-standard. Ball and socket-optional. Axle Coil spring torsion type, 2" O.D., tubular construction - 61-1/2" track. Wheels Two (2) - Semi-drop center. Tires Two (2) - 15" 8-ply rated - commercial Fenders Two (2) Safety Chains Standard. Parking Wheel Screw action to raise and lower. Rear Stand Folding type.

Combination tail light and license plate holder furnished.

CHIPPING UNIT: Housing Steel Plate, welded construction. Feed Opening 10" x 16" Cutting Bar 7/8" x 2-7/8" x 16-1/2" - Special steel and heat-treated. Dia. of Cylinder 16" Length of Cylinder 16" Cylinder Material Flame cut steel plate. Dia. of Shaft 3" Bearings Two (2) 2-15/16" Dia., single row, piloted and flange mounted. R.P.M. of Cylinder 3000 Number of Knives Twelve (12) Knife Dimensions 4-1/4" x 2-3/8" x 1/2" Type of Knife Double-edged, special knife steel, heat- treated, and with positive lock arrangement.

Cylinder is dynamically and statically balanced. Flywheel and auxiliary blower not required.

POWER UNIT:

Ford Industrial Engines-Standard. Available in the following models:

Model "300", 6-cylinder. 149 B.H.P. with either torque converter, or heavy-duty springloaded type clutch. Engine is calibrated at 2800 RPM.

Model "330", 8-cylinder, 155 B.H.P. with heavy-duty springloaded type clutch. Engine is calibrated at 2800 RPM.

EQUIPMENT-STANDARD WITH ALL MODELS:

Swing-away Feed Chute. Telescoping discharge chute with deflector bonnet, adjustable for height, with 360 degrees rotation for complete control for discharging right, left, or into a truck. Hinged Cover for easy access to cylinder. Matched set of high capacity "V"-Belts. Covered Battery Box. Tool box containing Knife Wrench, Sharpening Stone, Grease Gun and Operating Manual. Mechanical Governor. Paint - Color (customer option) either highway yellow Kem-Lustral F65YQ317, orange Kem-Lustral F65E1, or green Kem-Lustral F65G7.

WEIGHTS - (APPROXIMATED): M & M MODEL NO. POWER UNIT & DRIVE WEIGHT M-7 "300" with Clutch 3675 lbs.

M-8 "300" with Torque 3725 lbs.

M-9 "330" with Clutch 3825 lbs.

OPTIONAL EQUIPMENT: Tachometer Directional Signals Brakes Solenoid Throttle Control Engine Hour Meter Flashing Warning Light Engine Side Panels Fuel Gauge

WARRANTY

Machine & Parts -- 1 year

Service -- Ninety Days

Purchased Parts -- Subject to Original Manufacturer's Warranty.

The Company reserves the right to change the list price of its products without notice. It shall have the right to discontinue the manufacture of any model or type of product, and change design or add improvements at any time without incurring any obligation to install the same on M & M products previously purchased.

For further information, contact your nearest M & M Chipper Dealer, or contact the factory direct.

MITTS & MERRILL will engineer units to suit your needs and requirements.

168 BC-12

MITTS & MERRILL CHIPPER SPECIFICATIONS

MODELS M2, M3, M4, M11, M12, M13

TRAILER UNITS -- SERIES 120 (12 INCHES)

TRAILER: Frame All tubular steel, welded construction. Draw Bar Pintle eye-standard. Ball and socket-optional. Axle Coil spring torsion type, 2" O.D., tubular construction - 61-1/2" track. Wheels Two (2) - Semi-drop center. Tires Two (2) - 15" 8-ply rated - commercial Fenders Two (2) Safety Chains Standard. Parking Wheel Screw action to raise and lower. Rear Stand Folding type.

Combination tail light and license plate holder furnished.

CHIPPING UNIT: Housing Steel plate, welded construction. Feed Opening 10" x 12" Cutting Bar 7/8" x 2-7/8" x 12-1/2" -- Special steel and heat-treated. Dia. of Cylinder 16" Length of Cylinder 12" Cylinder Material Flame cut steel plate. Dia. of Shaft 3" Bearings Two (2) 2-11/16" Dia., single row, piloted and flange mounted. R.P.M. of Cylinder 3000 Number of Knives Nine (9) Knife Dimensions 4-1/4" x 2-3/8" x 1/2" Type of Knife Double-edged, special knife steel, heat- treated, and with positive lock arrangement.

Cylinder is dynamically and statically balanced. Flywheel and auxiliary blower not required.

POWER UNIT:

Ford Industrial Engines-Standard. Available in the following models:

Model "172", 4-cylinder, 59 B.H.P. with torque converter. Engine is calibrated at 2500 RPM.

Model "240", 6-cylinder, 124 B.H.P. with either torque converter, or heavy-duty springloaded type clutch. Engine is calibrated at 2800 RPM.

Model "300", 6-cylinder, 149 B.H.P. with either torque converter, or heavy-duty springloaded type clutch. Engine is calibrated at 2800 RPM.

Model "330", 8-cylinder, 155 B.H.P. with heavy-duty springloaded type clutch. Engine is calibrated at 2800 RPM.

(Graphics omitted) Mitts & Merrill Brush Chipper

engineered for years of maintenance-free service

improved to do all jobs(Illegible Words)

[] telescoping discharge chute

The new telescoping discharge chute gives the operator maximum flexibility in getting jobs done easier and in less time. The chute is adjustable to various heights, and rotatable . . . a combination that means dump boxes can be filled quickly from corner to corner with minimum spill. An adjustable bonnet at the end of the chute also permits discharge to either side, or forward, providing complete freedom in cases such as road right-of-way maintenance where chips may be left on the ground.

[] swing-away feed chute

Knife removal and throat bar adjustments are made relatively easy by the swing-away feed chute. The cutting cylinder is completely exposed when the chute is moved to the side and the hinged cover is lifted. These two features are exclusive with Mitts & Merrill Brush Chippers.

[] staggered knife pattern

The staggered knife pattern, found only on Mitts & Merrill Brush Chippers, provides more cuts per revolution. This results in smoother, more efficient cutting action that reduces material by shaving action rather than the conventional chopping motion. The double-edged knives are securely held in place by a wedge-lock which can be easily disengaged for knife reversal.

[] More outstanding features

Safety-lock pin

The double-edged knives have a positive safety locking pin between the wedge block and the special tool steel knife. This safety feature prevents throw-out of knives not properly tightened.

Easy loading

The feed chute is low to the ground and designed to permit wide-angle loading of brush and free limbs. No pushing is required . . . the cylinder draws the material into the cutting chamber quickly and safely.

All-steel cylinder

The solid steel plate cylinder is supported by a heavy-duty flange mounted ball bearing assembly. The cylinder, rotating in an all-steel welded cutting chamber, has a built-in flywheel and blower arrangement, eliminating the need for any optional equipment for blowing material into the discharge chute.

Excellent roadability

The low profile, strong tubular frame and torsion spring axle assure better roadability over any type of terrain. The certified 100-pound weight at the trailer hitch reduces wear and tear on towing vehicle and adds to the over-all strength and rigidity of the equipment.

Over 70 years of experience . . .

Mitts & Merrill has over 70 years of experience in producing and improving wood reduction machinery. The equipment offered today by Mitts & Merrill is the highest quality, best performing . . . first choice of municipalities, public utilities, highway departments, tree surgeons and others who seek economy in equipment operation through many years of maintenance-free service. The Mitts & Merrill Brush Chipper is the standard by which all brush chippers are judged. You buy it with confidence.

TRAILER UNITS -- SERIES 120 (12 INCH) Total Approximate Pounds Shipping Model Engine Drive Chipping Capacity Weight M-2 Ford "172" Torque Converter Up to 6" Dia. Logs 3350 M-3 Ford "240" Clutch Up to 6" Dia. Logs 3480 M-4 Ford "240" Torque Converter Up to 6" Dia. Logs 3530 M-11 Ford "300" Clutch Up to 8" Dia. Logs 3500 M-12 Ford "300" Torque Converter Up to 8" Dia. Logs 3550 M-13 Ford "330" V8 Clutch Up to 8" Dia. Logs 3675

TRAILER UNITS -- SERIES 160 (16 INCH) Total Approximate Pounds Shipping Model Engine Drive Chipping Capacity Weight M-6 Ford "240" Torque Converter Up to 6" Dia. Logs 3700 M-7 Ford "300" Clutch Up to 8" Dia. Logs 3675 M-8 Ford "300" Torque Converter Up to 8" Dia. Logs 3725 M-9 Ford "330" V8 Clutch Up to 8" Dia. Logs 3825

All trailers are equipped with tires, fenders, taillight, license plate holder, rear support jack, covered tool box, covered battery box, choice of ball or pintle eye hitch on telescopic draw bar, and adjustable front landing wheel. Machines are painted with prime coating plus hi-gloss enamel with color choice optional.

WARRANTY

Parts -- One year; Service Adjustments -- 90 days: Purchased parts are subject to original manufacturers guarantees.

Mitts & Merrill reserves the right to discontinue the manufacturer of any model, to redesign and to add improvements to existing models without incurring any obligation to install same on products previously furnished.

. . . then note how many features are exclusive with Mitts & Merrill Brush Chippers Mitts & Merrill General Brush Chipper Specifications Specifications Trailer frame All tubular steel, welded construction Suspension * Coil spring, torsion type Feed chute * Swing-away type Cutting chamber cover Hinged type Cylinder * 16-inch diameter, dynamically balanced with staggered knife design Cylinder material Flame cut steel plate RPM of cylinder 2,800 to 3,000 Type of knife * Self-adjusting, double-edged, positive-lock type Diameter of shaft 3 inches Feed opening * 10-inch by 12-inch, or 10-inch by 16-inch Bearings 2-15/16 inch diameter, single row, piloted and flange mounted Flywheel * Unnecessary Power Ford 172, 240, 300 or 330 cubic-inch displacement Drive * Torque converter or clutch Blower Standard equipment

ID: nht76-2.25

DATE: 05/11/76

FROM: AUTHOR UNAVAILABLE; C. A. Baker for E. T. Driver; NHTSA

TO: Thomas Kupensky

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of April 8 to the Department of Transportation, regarding your CAUTION and THANK YOU signals which would flash simultaneously with the turn signal lamps on trucks and trailers.

Since such signs, flashing CAUTION or THANK YOU when actually "turn" is intended, may be confusing in many circumstances, they would be prohibited by paragraph S4.1.3 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, "Lamps, Reflective Devices and Associated Equipment," (copy enclosed), because they would appear to impair the effectiveness of the turn signals. If these signs were manually operated by the driver, separately from the turn signals, at appropriate times, whether flashing or steady burnings, they would be considered auxiliary devices which did not impair the effectiveness of the turn signals, and would be permitted by Standard No. 108. In this situation, however, they would be subject to the motor vehicle regulations of the individual States.

Sincerely,

Enclosure

ATTACH.

April 8, 1976

Department of Transportation 400 - 7th Street, S. W. Washington, DC 20590

Gentlemen:

Enclosed is a copy from my Patent Attorney of a description of Safety Signal Lights, which I would like to market. I feel these lights add safety for over the road truckers, and act as a backup system for a burned out turn signal, as explained in the attached write-up. They also indicate to the vehicle following of the drivers' intentions.

I have called on a major trailer manufacturer and found that this is creating quite an interest. But the question remains -- would these be acceptable by the Department of Transportation.

Hoping that you can advise me on the above, I thank you for your assistance and any information you might be able to forward.

Sincerely,

Thomas Kupensky

Enc.

(Graphics omitted)

VEHICLE SIGNAL LIGHT ABSTRACT OF THE DISCLOSURE

A signal light system for a vehicle. A pair of auxiliary lights are mounted, preferable, on the rear of the vehicle and operate in conjunction with the vehicle turn indicator lights. Each of the lights is a (Illegible Words) enclosure having a replaceable face plate. The removable plates carry suitable logooda which are visible when the light is illuminated.

SPECIFICATION

The present invention relates to a vehicle signal system and more particularly to a system which (Illegible Word) additional information to other drivers on the road.

The continuous increase of super highway mileage and of the volume of traffic on those highways has brought (Illegible Words) systems which rapidly convey information between the vehicle and other drivers on the road. (Illegible Word) and others who do a considerable amount of high speed driving have developed (Illegible Words). The (Illegible Word) of turn signals to indicate (Illegible Word) changes and the blinking of lights by a vehicle being overtaken to indicate that the passing vehicle has cleared and can pull back into the slower speed lane (Illegible Word) among (Illegible Words). Also, a vehicle which has completed passing will blink his lights to thank the following vehicle. However, there are many people who do relatively little super highway driving and are not aware of these conventions. There is a need for a signaling system which will clearly convey the intentions of the signaling vehicle (Illegible Words) inexperienced drivers do not become confused. (Illegible Word) the practice of blinking the vehicle lights causes the vehicle driver to be momentarily distracted from his primary function, thereby increasing the risk of accident.

It is the primary object of the present invention to provide a signaling system for a vehicle which will clearly alert the following vehicles even if the operators of such vehicles are not aware of the usual signaling conventions.

It is also an object of the present invention to provide a vehicle signaling system which permits the vehicle operator to signal to following vehicles without being distracted from the primary function of driving the vehicle.

Yet another object of the invention in the provision of a signal system which may be easily applied to existing vehicles with a minimum of modification thereof.

The above and other objects of the invention which will become apparent in the following detailed description are achieved by providing a vehicle signal system which employs a pair of auxiliary light units mounted on the rear of the vehicle with the units operating in conjunction with the right and left turn signals, respectively, and with each light unit consisting of an enclosure having a removable face plate which is provided with information conveying markings visible when the signal is illuminated.

For a more complete understanding of the invention and the objects and advantages thereof reference should be had to the following detailed discription and the accompanying drawing wherein there is shown a preferred embodiment of the invention.

In the drawing:

Fig. 1 is a rear (Illegible Word) view of a trailer equipped with the signal lights of the (Illegible Word) invention;

Fig. 2 is a perspective view of one signal light unit of the present invention;

Fig. 3 is a sectional view of the light assembly of Fig. 2;

Fig. 4 is a transverse sectional view taken along the line 4-4 of Fig. 3; and

Fig. 5 is a schematic showing of the control circuit for the lights of the present invention.

A conventional semi-trailer 10 is shown in Fig. 1. The trailer is provided with rear brake lights 12 and left and right turn indicator lamps 14 and 16, respectively, in accordance with conventional practice. These lights are controlled from the vehicle cab in the usual manner. In order to convey additional information to motorists following the trailer two illiminated signs 18 and 20 are also provided on the rear of the trailer 10. While these signs are shown as being mounted at approximately the vertical mid-point of the trailer, it will be understood that the two units may be positioned at any convenient locations.

As will be described in greater detail below, the illuminated sign 18 operation in sequence with the left turn signal 14 while the illuminated sign 20 operates in sequences with the right turn signal 16. Any suitable wording or other indicators may be provided on the two signs 18 and 20. The two signs illustrated, "CAUTION" and "THANK YOU" are considered desirable as these indications reinforce the conventional turn signal indications. Thus, when the left turn signal is operated the word "CAUTION" is flashed simultaneously thus clearly alerting the following motorist to the fact that the vehicle is about to shift to the left lane. This is particularly advantageous when the truck in one of a line of trucks as following motorists frequently cannot see the right turn signals of such a truck and may misinterpret the flashing turn signal as a flashing brake light.

The use of the word "THANK YOU" in conjunction with the right turn signal allows the overtaking vehicle to express his consideration to the vehicle which has been passed without requiring him to perform any action except the operation of his right turn signal which is conventionally done when pulling back into the right lane.

The construction of the light assembly 18 is shown in greater detail in Figs. 2, 3, and 4. It will be understood that the unit 20 is of identical construction. Each of the light units consists of a rectangular bon-like housing 22 which is open on one face to receive a plastic face plate 24 which is provided with the desired indecia. The indecia 26 may be incorporated in any suitable arrangement such as the use of contracting colors or of opaque and translucent regions. The casing 22 has a rear wall 28, and walls 30, and top and bottom walls 32 and 34, respectively. The forward wages of the top and bottom walls are bent to form (Illegible Word) 36. These (Illegible Word) 36 define a channel in which the facing plate 24 in slidably received, the end walls 30 (Illegible Word) the engage the inner face of the plate 24. If desired and depending on the material used to form the face plate 24 a ridge 40 may be provided on the inner surfaces of the upper and lower walls 32 and 43, respectively, in spaced parallel relation to the (Illegible Word) 36 to provide for additional support to the face plate 24. Suitable gaskets 38 and 41 are provided to form a fluid tight seal between the face plate 24 and the casing 22. The wire leads 43 for the lamps within the casing are routed through a suitable grommet 45 to provide a fluid tight seal between the wires and the casing 22.

A vertically extending wall 42 is provided within the casing 22 and midway between the opposite ends 30. The wall may, for example, have a tab portion 44 which is welded or otherwise secured to the rear wall 28 of the casing 22. Affixed to opposite sides of the wall 42 are sockets 46 and 48 for receiving (Illegible Word) 50 and (Illegible Word) respectively. As is shown in Fig. 4, a number of holes or apetures 54 may be provided in the plate 52 so that light can be transmitted from either bulb or both sides of the casing. This assures that even if one bulb should fail at least partial illumination of the whole sign will still be possible.

One possible circuit for controlling the signal lamps 18 and 20 of the present invention is illustrated in Fig. 5 where the vehicle power source, such as the battery 60, is connected to the conventional turn signal switch 62 through a flasher assembly 64 which is also a conventional (Illegible Word). In a first position the turn signal switch 62 causes the left front signal lamp 661, the left rear lamp 14, and the two lamps 50 and 52 of the unit 18 to flash in unison. In the opposite position the switch 62 (Illegible Word) the right forward signal lamp 66r, the rear right signal lamp 16 and the two bulbs of the unit 20. It will be noted that the two bulbs 50 and 52 of each unit are connected in parallel to one another and in parallel to the other signal lamps on the corresponding side of the vehicle. If desired, suitable means such as the double hole signal throw switch 70 may be provided for disconnecting the signaling units 18 and 20 when desired.

While only the best known embodiment has been illustrated and described in detail herein, it will be clearly understood that the invention is not limited thereto or thereby. Reference should therefore be had to the appended claims in determining the true scope of the invention.

What is claimed is

1. An auxiliary signal system for a vehicle having a conventional turn signal system which comprises:

a pair of lamp housings, each having a removable face plate carrying a distinctive legend, the housings being mounted on the rear of the vehicle and adjacent the opposite sides thereof;

at least one lamp within each housing for illuminating the face plate thereof to make the legend visible; and circuit means connecting the lamp of each housing to the actuating circuit of the respective turn signal whereby the lamp operates in conjunction with the respective turn signal.

2. The auxiliary signal system according to Claim 1 wherein each housing comprises a bon-like member having a rectangular opening in one side thereof, the face plate covering the opening.

3. The auxiliary signal system according to Claim 2 wherein two lamps are provided within each housing, the lamps being connected in parallel and positioned so as to illuminate opposite ends of the enclosure.

4. The auxiliary signal system according to Claim 3 wherein each housing has a vertically extending center wall, the two lamps being mounted to the center wall on opposite sides thereof.

5. The auxiliary signal system according to Claim 1 wherein the legend carried by the facing plate of the left housing is "CAUTION" and the legend carried by the facing plate of the right housing is "THANK YOU".

ID: nht78-2.22

DATE: 04/06/78

FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: Illinois Department of Transportation

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of September 22, 1977, to the Administrator asking whether an Illinois standard applicable to school bus lighting is neither preempted by nor violates Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment.

Paragraph S4.1.4(b) (ii) of Standard No. 108 requires that:

"The [school bus signal lamp] system shall be wired so that the amber signal lamps are activated only by manual or foot operation and, if activated, are automatically deactivated and the red signal lamps automatically activated when the bus entrance door is opened."

Under the Illinois requirement (4.2.18.2) the amber signal lamps appear to be activated only by manual or foot control (4.2.18.2 (d)), and are automatically deactivated when the bus entrance door is opened (4.2.18.2 (e) and (f)). The red signal lamps are activated before the bus entrance door is opened (4.2.18.2 (e)) and remain activated when the door is opened (4.2.18.2 (f)). Thus, these portions of the Illinois requirement comply with Standard No. 108.

As for the remaining portions of 4.2.18.2, they dictate sequential operational requirements of the 8-lamp system and stop arm (an item of equipment not required by Standard No. 108). To accomplish this operation, 4.2.18.2 requires that "A separate circuit breaker and a master switch shall be provided for this signal system." You have asked whether this is preempted by Standard No. 108.

The aspect of performance involved here is that of wiring requirements for school bus warning lamps. Standard No. 108 specifies the manner in which these lamps shall operate but it is silent as to the ways this performance shall be achieved. Therefore Illinois is not preempted from requiring a separate circuit breaker and master cylinder in school bus lighting systems, a specification which is one of good engineering practice and probably used as a matter of course by most school bus manufacturers.

SINCERELY,

Illinois Department of Transportation

September 22, 1977

Joan Claybrook, Administrator National Highway Traffic Safety Administration

Dear Ms. Claybrook:

In this letter, I ask you to advise that the Illinois safety standard for school bus alternately flashing signal lamps does not violate Federal Motor Vehicle Safety Standard 108. I also ask that you advise this Illinois standard is not preempted under provisions of the National Traffic and Motor Vehicle Safety Act of 1966 (PL 89-563). We are asking for these statements because a representative of one school bus manufacturer has stated the Illinois standard violates a portion of FMVSS 108, as interpreted by his company.

Before going into details, I will present some background information.

School buses are defacto mobile traffic control devices. To lessen confusion and earn public respect and compliance, their signals must be displayed in a consistent and reasonable manner.

When a conventional traffic signal at an intersection changes to yellow (amber) some drivers will decelerate and stop; others will continue or will accelerate (if traffic permits), attempting to enter the intersection before the signal changes to red. Drivers usually react the same way to yellow alternately flashing school bus signal lamps -- some slow down; some continue or speed up. In addition, some drivers tend to disobey the red school bus signals even though they might tend to obey red traffic signals at intersections.

Exuberant and impulsive pupils rushing out of a school bus are likely to dash into a roadway -- without checking whether all vehicles have stopped.

Under very cold, inclement, or severe weather conditions, many pupils tend to remain in their homes or other shelter until the school bus arrives.

Police have reported that school bus drivers tend to keep the service door closed while waiting in cold, inclement, or severe weather, opening the door as each pupil arrives. This is done to prevent loss of heat and/or entrance of snow, sleet, or rain. (This tendency was mentioned in the 2nd paragraph on page 4 of "ILLINOIS COMMENT ON PROPOSED TRAFFIC SAFETY PROGRAM STANDARD 17, PUPIL AND YOUTH TRANSPORTATION SAFETY -- DRAFT OF JUNE 30, 1970, VERSION A" which was submitted 9-30-70 in response to Traffic Safety Program Letter 42-11, dated 6-30-70.)

Studies show a significant portion of school bus related pupil fatalities and injuries in Illinois occur while the pupil is a pedestrian.

A copy of "ILLINOIS MINIMUM SAFETY STANDARDS FOR TYPE 1 SCHOOL BUSES", effective July 1, 1977, a copy of Section 12-812 of the Illinois Vehicle Code (referred to therein), and a transmitting memorandum are enclosed. Please note that these Standards apply to every Type 1 school bus procured for use in Illinois. Also, the FMVSS applicable to buses are included by reference (1.2, 4.1, & 5.1). This inclusion eliminates doubts about state and local agencies with enforcement powers having authority to enforce those FMVSS.

The Illinois standard for school bus alternately flashing signal lamps is set forth at 4.2.18.2 on pages 15 and 16 of the enclosed Standards. The prescribed sequence of operations, (a) through (j), describes operations on a typical Type 1 school bus equipped with a manual service door operating mechanism, in which a signal control switch (or switches) is operated by movement of the door control handle. Of course, each of the described operations is not used deliberately by the school bus driver at every stop.

The "master switch" is moved to "off" only when complying with statutory and administrative requirements (upper portion of page 15).

After stopping on a clear roadway to load or unload pupils, the school bus driver might move the door control handle from its "secured" or "travel" position to its "door-fully-open" position in one rapid and continuous movement. In this case Operation (e) is of very short duration but, still, the signal switch(es) acts to deactivate and activate the yellow and red signals before the service door is opened.

After discharging or loading pupils, the driver might move the door control handle from its "door-fully-open" position to its "secured" or "travel" position in one rapid, continuous movement. In this case Operation (g) is of very short duration, Operation (i) is bypassed, and Operation (j) is completed. But, still, the door is closed before the signal switch(es) acts to extinguish the red signals.

There are many stops, however, where Operations (e) and (f) and/or Operations (g) and (h) are important to pupil safety, orderly traffic movement, and traffic safety.

When a school bus driver reaches a stop where other vehicles are moving on the roadway, Operation (e) allows him to hold exuberant and impulsive pupils in the bus by keeping the service door closed until all other vehicles have stopped in response to display of the red alternately flashing signal lamps. With the manual service door control, he does this by moving the door control handle, or lever, only a short distance from its "secured" or "travel" position, but not far enough to open the service door. After all other vehicles have stopped, the bus driver can use Operation (f) and allow pupils to leave the bus. Without either Operation (e) or its equivalent, which usually has not been provided with power operated doors, the school bus driver must open the service door to activate the red signals, and thereby, discharge exuberant and impulsive pupils onto the roadway before all drivers of moving vehicles react to the signal change from yellow to red.

Operation (e) also allows a school bus driver to prevent loss of heat and/or the entrance of snow, sleet, or rain during very cold or severe weather conditions by keeping the service door closed while pupils dash from their home or other shelter to the stopped, red-signalling bus.

When a school bus driver has stopped and admitted a pupil, Operation (g) allows him to maintain display of red signals without losing heat or allowing entrance of snow, sleet, or rain while waiting for the arrival of other pupil(s) during cold or severe weather. With a manual service door, he does this by moving the door control handle, or lever, far enough to close the door but not far enough to extinguish the red signals (which happens when the control is moved to its "secured" or "travel" position). With signal controls arranged as they often are on power operated service doors, closing of the door prevents display of the red signals and other vehicles move. This endangers pupils as they arrive at the school bus. When alternate opening and closing of such a door causes intermittent operation of the red signals, drivers of other vehicles become confused or frustrated and tend to lose respect for the special school bus signals.

The sequence of operations prescribed in 4.1.18.2(a) through-(j) (including ability to "skip through" Operations (e) and (g) and to "bypass" Operations (f) and (h), as desired) is either inherent in or easily provided with nearly every manually operated service door control device on Type 1 school buses. However, many power operated service door control devices in use and being manufactured do not provide for such a sequence of operations -- particularly Operations (e) and (f) and Operations (g) and (h). In the past, a typical power door has been either fully-closed-and-secured or fully-opened, with the signals controlled by those conditions and with no provision for intermediate conditions and/or Operations (e) and (g).

We have been requested to change the Illinois Standard (4.2.18.2) so as to accommodate typical power operated door mechanisms and controls as they have been designed and manufactured in the past. We have responded by stating the required sequence of signal operations must be provided whether the service door is manual or power operated and have interpreted the standard so as to ease certain apparent requirements in 4.2.18.2(e) and 4.2.18.2(g). The enclosed letter dated September 15, 1977, was sent to each school bus manufacturer.

Conditions causing traffic hazards or confusion should not be perpetuated merely to accommodate the traditional designs of a convenience such as a power operated service entrance door -- whether the bus is procured by the State, a local government, a public school district, or a religious or private organization or person. School buses that conform to the Illinois standard for alternately flashing school bus signal lamps (4.2.18.2) will provide for lessening or preventing dangers to pupils in roadways near stopped buses.

It seems clear that such buses conform to S4.1.4(b)(ii) in FMVSS 108. On such buses the yellow (amber) signals are activated only by manual or foot operation and, if activated, are automatically deactivated and the red signals automatically activated when the bus service entrance door is opened.

It seems clear that the Illinois Standard (4.2.18.2) is not preempted by FMVSS 108 under provisions of Section 103(d) of the National Traffic and Motor Vehicle Safety Act of 1966 (PL 89-563). The Illinois requirements for a separate circuit breaker and a "master switch" and for controls that provide Operations (e) and (f) and Operations (g) and (h) apply to each Type 1 school bus procured by a person, organization, or government in Illinois. They are prescribed to govern aspects and provide safety not governed or provided by FMVSS 108.

Will you please affirm that:

The Illinois standard (4.2.18.2) for school bus alternately flashing signal lamps does not violate Federal Motor Vehicle Safety Standard 108; and The Illinois standard (4.2.18.2) for school bus alternately flashing signal lamps is not preempted by Federal Motor Vehicle Safety Standard 108.

Karsten J. Vieg Governor's Representative for Highway Safety

ID: nht80-2.47

DATE: 06/06/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Blue Bird Body Co.

TITLE: FMVSS INTERPRETATION

TEXT:

Dear Mr. Milby: This responds to your letter of January 16, 1980, in which" you asked a number of questions pertaining to Federal Motor Vehicle Safety Standard No. 101-80, Controls and Displays. The answers to your questions are presented below and are numbered to correspond with the numbering of the questions in your letter.

1. Section 5.2.1 provides that where Table 1 of Standard 101-80 shows both a symbol and identifying words or abbreviations for a particular control, use of the symbol is mandatory and use of the words or abbreviations is optional.

2. When a manufacturer identifies a control with both the symbol shown in Table 1, Column 3, and the identifying words or abbreviations shown in Table 1, Column 2, only the symbol is subject to the illumination requirements of Section S5.3. That section states that with certain exceptions (i.e., foot operated controls or hand operated controls mounted upon the floor, floor console or steering column or in the windshield header area) "the identification required by S5.2.1 or S5.2.2 of any control listed in column 1 of Table 1 and accompanied by the word 'yes' in the corresponding space in column 4 shall be capable of being illuminated whenever the headlights are actuated." Since this section refers only to the identification required by Safety Standard 101-80, it does not apply to identification which is optional under the standard.

3., 4., 5., 6., 7., 8. In questions designated by these numbers, you asked whether the following controls are subject to the identification and illumination requirements of Standard 101-80:

(a) a driver comfort fan which is not a part of the windshield or rear window defrosting and defogging system or the heating and air conditioning system,

(b) hot water flow valves for heaters which are opened in winter and then closed again in summer,

(c) heater fresh air control valves used to control the ratio of fresh to recirculated air entering the heater,

(d) driver's side window defroster control,

(e) driver's fresh air vent control,

(f) fan control for an optional driver's heater which directs air at the driver's feet.

Section 5 of Standard 101-80 states that each vehicle that is subject to the standard and is manufactured with any control listed in Section 5.1 or in column 1 of Table 1 must comply with the requirements of Standand 101-80 regarding the location, identification and illumination of such control. Of the controls listed above, those lettered (a), (d) and (e) are not listed in either of these locations and thus are not subject to these requirements. Items (b), (c) and (f) are part of a heating or air conditioning system indicated in column 1 of Table 1 and is therefore subject to the location and identification requirements of Standard 101-80. However, the fan control, which directs air at the driver's feet, is not subject to the illumination requirements, since section 5.3.1 states, "control identification for a heating and air conditioning system need not be illuminated if the system does not direct air directly upon windshield." Likewise, if the hot water flow valves and fresh air control valves are mounted upon the floor, floor console or steering column, or in the windshield header area,' then section 5.3.1 does not require them to be illuminated.

9. In your question 9, you asked whether the penultimate line in Table 2 concerning malfunctions in antilocks applies only to vehicles equipped with air brakes and whether the last line concerning brake system malfunctions applies only to vehicles equipped with hydraulic brakes.

The penultimate line of Table 2 applies to all vehicles less than 10,000 pounds GVWR which are equipped with an antilock system, regardless of whether they are air or hydraulic brake equipped vehicles. The agency included the reference to Standard 105, Hydraulic Brake Systems, to indicate that section 5.3 of that standard permits a manufacturer to use either a yellow or red warning light depending on whether there is a separate indicator that only warns of antilock failure or there is an indicator which warns of antilock and other brake system failures.

The last line of Table 2 concerning the telltale for brake system malfunction applies to all vehicles equipped with this type of telltale regardless of the type of brake system. The agency included the reference to Standard 105 since section 5.3 of that standard specifies other requirements that brake system malfunction indicators used in hydraulic brake systems must meet.

10. This agency has never established specific size requirements for the identification symbols specified in Tables 1 and 2 of Standard 101-80. Sections 5.2.1 and 6 only require that such symbols be visible to a driver restrained by crash protection equipment. 11. None of the display requirements of Table II of Standard 101-80 apply to vehicles with a GVWR exceeding 10,000 pounds. Displays included in such vehicles in accordance with other standards are subject only to the provisions of those standards.

12. Section 5.3.1 provides that the illumination requirements of Standard 101-80 do not apply to hand operated controls mounted on the steering column. Accordingly, they are not applicable to a hazard control mounted on the steering column.

13. If the clearance lamps are controlled with the headlamp switch, Table 1, footnote 2, of the standard provides that the only identification required is the headlamp switch symbol.

14. Standard 101-80, section 5.2.1, states that controls must be identified with the symbol indicated in Table 1 and that such identification shall be placed on or adjacent to the control. The agency has previously indicated that manufacturers could use a symbol that is a minor deviation from the required symbol, as long as the symbol used substantially resembles that specified in the standard (43 FR 27541, June 26, 1978). Thus, if the wiper symbol you want to use is only a minor deviation and substantially resembles the required wiper symbol, you may use it.

15. You enclosed in your letter a blueprint showing a bank of switches which control multispeed fans and asked whether the identification shown in the print would comply with the requirements of Standard 101-80. Since the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1391) requires manufacturers to certify their compliance with all applicable Federal motor vehicle safety standards, this agency does not approve products. However, from our understanding of the information you have provided, it appears that the identification you propose to use for fan controls would comply with Standard 101-80. This opinion is based on the fact that your blueprint shows use of the fan symbol in accord with section 5.2.1 and identification of each function of the fan switch in accord with section 5.2.2.

16. With respect to air conditioning systems:

(1) Section 5.3.1 does not require illumination of the control identification if the system does not direct air directly upon the windshield.

(2) Table 1 and section 5.2.1 require the fan symbol to be used to identify the fan for an air conditioning system;

(3) If the air conditioning system control regulates temperature over a quantitative range, the extreme positions must be identified in accord with 5.2.2.

17. With respect to vehicles over 10,000 pounds GVWR, the requirements of Standard 101-80 concerning telltales used to indicate high engine coolant temperature or low engine oil pressure are inapplicable. With respect to vehicles less than 10,000 pounds GVWR, these requirements are applicable. In a letter to Ford Motor Company (copy enclosed), this agency stated that use of the engine symbol which Ford proposed for identification of such telltales would comply with the requirements of Standard 101-80.

Sincerely,

Frank Berndt Chief Counsel

January 16, 1980

Dear Mr. Berndt:

SUBJECT: FMVSS 101-80

The purpose of this letter is to seek confirmation of several issues related to FMVSS 101-80, discussed at a January 9, 1980 meeting of NHTSA. The issues are numbered below in the sequence discussed at the meeting:

1. In all cases where both symbols and wording are shown in Table I, the symbol is mandatory and the wording is optional.

2. In the case of optional wording accompanying mandatory symbols, which require illumination, only the symbol must be illuminated. It is mandatory for the optional wording to be illuminated.

3. There is no requirement relating to driver comfort fans. These fans are provided to direct air at the driver for his comfort as the name indicates. However, they can be adjusted to direct air on the windshield.

4. There is no requirement for hot water flow valves for heaters. Typically, these valves are opened in winter and left open; closed in summer and left closed. Heat in regulated be means of switch controls to operate air blowers.

5. There is " requirement for heater fresh air control valves. These valves are used to control the ratio of fresh/recirculated air entering the heater.

6. The fan control for an optional driver's heater must be identified but not illuminated.

7. There is no requirement for a driver's side window defroster control.

8. There is no requirement for a driver's fresh air vent control.

9. Confirmation is needed with respect to Table II that the next to last line is only applicable to vehicles with air brakes and the last line is only applicable to vehicles with hydraulic brakes.

10. The proportion of the symbols are those developed by the ISO, however, there is no requirement limiting the minimum or maximum sizes of the symbols.

11. None of the requirements of Table II apply to vehicles with a GVWR over 10,000 pounds. This is true even in the case where a display is required by another FMVSS; Example: the turn signal display required by FMVSS 108.

12. A hazard control mounted in the steering column does not require illumination.

13. Clearance lamps may be controlled by the headlamp switch. In this case, only the headlamp symbol should be used.

14. If necessary to accomodate a temporary inventory balance out, a slightly different wiper symbol may appear on the wiper knobs that is required by Table I, provided that the required symbol appears adjacent to the control and is properly illuminatted. It is also satisfactory to provide no symbol on the knob itself.

15. With respect to S5.2.2, a bank of switches which control multi-speed fans will comply if they are identified as shown in the enclosed print 0981233.

16. Air conditioning controls must be identified but not illuminated. The extreme positions of air conditioning controls must be identified. The fan symbol is required for air conditioning fan controls.

17. Any type tell tale may be used for a single display on vehicles over 10,000 pounds GVWR to indicate high engine coolant temperature and/or low engine oil pressure. We understand that Ford Motor Company has proposed an engine symbol for such a display. What is the status of this proposal?

We would like to go on record at this time to alert NHTSA that it may be necessary to revise the effective date of the subject standard as it applies to heavy duty vehicles to alleviate a temporary chassis shortage. This could be caused by a prolonged strike by a major chassis manufacturer which is still in effect. This may result in the mounting of bodies on chassis built after September 1, 1980, which were scheduled for chassis built prior to that date.

Your early response to these items will be appreciated.

Thank you.

Very truly yours, William G. Milby Manager Engineering Services Department

fvc

Enclosure

c: Wilbur Rumph Ben Newberry Jim Moorman Jim Swift Bob DuMond

ID: nht95-4.36

TYPE: INTERPRETATION-NHTSA

DATE: September 25, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Winston Sharples -- President, Cantab Motors, Ltd.

TITLE: NONE

ATTACHMT: NONE

TEXT: Dear Mr. Sharples

I enclose a copy of an order of the Administrator granting the petition by Cantab Motors for temporary exemption from Motor Vehicle Safety Standards Nos. 208 and 214. The exemption from Standard No. 208 will expire on September 1, 1997, and that for Sta ndard No. 214 on September 1, 1998.

In accordance with agency regulations on the subject, within 30 days after your receipt of this letter please provide the Director, Office of Vehicle Safety Compliance, with a copy of the certification label reflecting the exemption that will be used on Cantab's vehicles (49 CFR 555.9(a)).

We have received your letter of August 17, 1995, which admits that Cantab manufactured and sold nine vehicles manufactured after the expiration of its previous exemption that did not conform with Standard No. 208, and which enclosed a petition for a dete rmination of inconsequentiality on this matter. This is currently under review.

If you have any questions, you may discuss them with Taylor Vinson of this Office (202-366-5263).

Enclosure

ACTION: Issuance of Federal Register Notice Granting Cantab's Petition for Temporary Exemption From Standards Nos. 208 and 214 John Womack (K. WEINSTEIN) Acting Chief Counsel

Barry Felrice Associate Administrator for Safety Performance Standards

Attached for your signature is a Federal Register notice granting the petition by Cantab Motors for a temporary exemption from the automatic restraint requirements of Standard No. 208, and the side impact protection requirements of Standard No. 214. The basis of the grant is that compliance would cause substantial economic hardship to a manufacturer that has tried in good faith to meet the standards.

Cantab imports shells of Morgan sports cars from England, and installs propane engines and drive trains in the US; for this reason, we consider Cantab rather than Morgan as the manufacturer. In the year preceding the filing of its exemption petition it produced only 9 such cars. It has cumulative net losses approaching $ 93,000 for the last three fiscal years. It has been working with Morgan to develop vehicles that will be equipped with airbags meeting Standard No. 208, and provide side impact prote ction meeting Standard No. 214.

Because the components that must be modified for conformance are under the control of Morgan rather than Cantab, the company is dependent upon Morgan's efforts. Cantab asked for only a 2-year exemption from Standard No. 208, indicating that it is optimi stic that its cars will conform in less than the 3 years it could have asked for. However, it appears to require the full 3 years for Standard No. 214.

Any threat to safety that would be presented by an exempted vehicle would be minimal because they are few in number, and are represented as conforming to earlier versions of the two standards.

No comments were received on the application.

Attachment

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

Docket No. 95-53; Notice 2

Cantab Motors, Ltd.

Grant of Application for Temporary Exemption From

Federal Motor Vehicle Safety Standards No. 208 and 214

Cantab Motors, Ltd., of Round Hill, Va., applied for a temporary exemption of two years from paragraph S4.1.4 of Federal Motor Vehicle Safety Standard No. 208 Occupant Crash Protection, and for three years from Federal Motor Vehicle Safety Standard No . 214 Side Impact Protection. The basis of the application was that compliance will cause substantial economic hardship to a manufacturer that has tried to comply with the standard in good faith.

Notice of receipt of the application was published on July 14, 1995, and an opportunity afforded for comment (60 FR 36328).

The make and type of passenger car for which exemption was requested is the Morgan open car or convertible. Morgan Motor Company ("Morgan"), the British manufacturer of the Morgan, has not offered its vehicle for sale in the United States since the e arly days of the Federal motor vehicle safety standards. In the nine years it has been in business, the applicant has bought 35 incomplete Morgan cars from the British manufacturer, and imported them as motor vehicle equipment, completing manufacture by the addition of engine and fuel system components. They differ from their British counterparts, not only in equipment items and modifications necessary for compliance with the Federal motor vehicle safety standards, but also in their fuel system compon ents and engines, which are propane fueled. As the party completing manufacture of the vehicle, Cantab certifies its conformance to all applicable Federal safety and bumper standards. The vehicle completed by Cantab in the U.S. is deemed sufficiently di fferent from the one produced in Britain that NHTSA considers Cantab the manufacturer, not a converter, even though the brand names are the same.

Morgan itself produced 478 cars in 1994, while in the year preceding the filing of its petition in June 1995, the applicant produced 9 cars for sale in the United States. Since the granting of its original exemption in 1990, Cantab has invested $ 38, 244 in research and development related to compliance with Federal safety and emissions standards. The applicant has experienced a net loss in each of its last three fiscal (calendar) years, with a cumulative net loss for this period of $ 92,594.

Application for Exemption from Standard No. 208

Cantab received NHTSA Exemption No. 90-3 from S4.1.2.1 and S4.1.2.2 of Standard No. 208, which expired May 1, 1993 (55 FR 21141). When this exemption was granted in 1990, the applicant had concluded that the most feasible way for it to conform to the automatic restraint requirements of Standard No. 208 was by means of an automatically deploying belt. In the period following the granting of the exemption, Morgan and the applicant created a mock-up of the Morgan passenger compartment with seat belt h ardware and motor drive assemblies. In time, it was determined that the belt track was likely to deform, making it inoperable. The program was abandoned, and Morgan and Cantab embarked upon research leading to a dual airbag system.

According to the applicant, Morgan tried without success to obtain a suitable airbag system from Mazda, Jaguar, Rolls-Royce and Lotus. As a result, Morgan is now developing its own system for its cars, and "[as] many as twelve different sensors, of b oth the impact and deceleration (sic) type, have been tested and the system currently utilizes a steering wheel from a Jaguar and the Land Rover Discovery steering column." Redesign of the passenger compartment is underway, involving knee bolstering, a s upplementary seat belt system, antisubmarining devices, and the seats themselves. Morgan informed the applicant on May 2, 1995, that it had thus far completed 10 tests on the mechanical components involved "and are now carrying out a detailed assessment of air bag operating systems and columns before we will be in a position to undertake the full set of appropriate tests to approve the installation in our vehicles."

Application for Exemption from Standard No. 214

Concurrently, Morgan and the applicant have been working towards meeting the dynamic test and performance requirements for side impact protection, for which Standard No. 214 has established a phase-in schedule. Although Morgan fits its car with a dua l roll bar system specified by Cantab, and Cantab installs door bars and strengthens the door latch receptacle and striker plate, the system does not yet conform to the new requirements of Standard No. 214, and the applicant has asked for an exemption of three years. It does, however, meet the previous side door strength requirements of the standard. Were the phase-in requirement of S8 applied to it, calculated on the basis of its limited production, only very few cars would be required to meet the st andard.

Safety and Public Interest Arguments

Because of the small number of vehicles that the applicant produces and its belief that they are used for pleasure rather than daily for business commuting or on long trips, and because of the three-point restraints and side impact protection currentl y offered, the applicant argued that an exemption would be in the public interest and consistent with safety. It brought to the agency's attention two recent oblique front impact accidents at estimated speeds of 30 mph and 65 mph respectively in which t he restrained occupants "emerged unscathed."

Further, the availability "of this unique vehicle . . . will help maintain the existing diversity of motor vehicles available to the U.S. consumer." Finally, "the distribution of [this] propane-fueled vehicle has contributed to the national interest b y promoting the development of motor systems by using alternate fuels."

No comments were received on the application.

In adding only engine and fuel system components to incomplete vehicles, the applicant is not a manufacturer of motor vehicles in the conventional sense. It does not produce the front end structural components, instrument panel, or steering wheel, ar eas of the motor vehicle whose design is critical for compliance with the airbag requirements of Standard No. 208. These are manufactured by Morgan, and the applicant is necessarily dependent upon Morgan to devise designs that will enable conformance wi th Standard No. 208. The applicant has been monitoring Morgan's progress, and that company is engaging in testing and design activities necessary for eventual conformance. The fact that the applicant is requesting only a two-year exemption, rather than three, indicates its belief that complying operator and passenger airbags will at last be fitted to its cars by the end of this period.

Similarly, the applicant is dependent upon the structural design of its vehicle for compliance with Standard No. 214. As with Standard No. 208, Morgan and the applicant are working towards conformance, though apparently it will not be achieved within two years. In both instances, however, the applicant is conscious of the need to conform and has been taking steps to accomplish it. Although the company's total expenditure of $ 38,244 in the last five years to meet emission and safety requirements is low, the small number of cars produced for sale in the United States in the last year, nine, would not make available substantial funds to the company, and its cumulative net losses of $ 92,594 indicate an operation whose financial existence is precario us.

Applicant's cars are equipped with manual three-point restraint systems and comply with previous side impact intrusion requirements. Because applicant produces only one line of vehicles, it cannot take advantage of the phase-in requirement. Given th e existing level of safety of the vehicles and the comparatively small exposure of the small number of them that would be produced under an exemption, there would appear to be an insignificant risk to traffic safety by providing an exemption. The public interest is served by maintaining the existence of small businesses and by creating awareness of alternative power sources.

In consideration of the foregoing, it is hereby found that to require immediate compliance with Standards Nos. 208 and 214 would cause substantial economic hardship to a manufacturer that has in good faith attempted to meet the standards, and that an exemption would be in the public interest and consistent with the objectives of traffic safety.

Accordingly, the applicant is hereby granted NHTSA Exemption No. 95-2, from paragraph S4.1.4 of 49 CFR 571.208 Motor Vehicle Safety Standard No. 208 Occupant Crash Protection, expiring September 1, 1997, and from 49 CFR 571.214 Motor Vehicle Safety St andard No. 214 Side Impact Protection, expiring September 1, 1998.

(49 U.S.C. 30113; delegation of authority at 49 CFR 1.50)

Issued on SEP 7 1995

Ricardo Martinez, M.D. Administrator

BILLING CODE: 4910-59-P

ID: nht95-7.3

TYPE: INTERPRETATION-NHTSA

DATE: September 25, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Winston Sharples -- President, Cantab Motors, Ltd.

TITLE: NONE

ATTACHMT: NONE

TEXT: Dear Mr. Sharples

I enclose a copy of an order of the Administrator granting the petition by Cantab Motors for temporary exemption from Motor Vehicle Safety Standards Nos. 208 and 214. The exemption from Standard No. 208 will expire on September 1, 1997, and that for Standard No. 214 on September 1, 1998.

In accordance with agency regulations on the subject, within 30 days after your receipt of this letter please provide the Director, Office of Vehicle Safety Compliance, with a copy of the certification label reflecting the exemption that will be used on Cantab's vehicles (49 CFR 555.9(a)).

We have received your letter of August 17, 1995, which admits that Cantab manufactured and sold nine vehicles manufactured after the expiration of its previous exemption that did not conform with Standard No. 208, and which enclosed a petition for a determination of inconsequentiality on this matter. This is currently under review.

If you have any questions, you may discuss them with Taylor Vinson of this Office (202-366-5263).

Enclosure

ACTION: Issuance of Federal Register Notice Granting Cantab's Petition for Temporary Exemption From Standards Nos. 208 and 214 John Womack (K. WEINSTEIN) Acting Chief Counsel

Barry Felrice Associate Administrator for Safety Performance Standards

Attached for your signature is a Federal Register notice granting the petition by Cantab Motors for a temporary exemption from the automatic restraint requirements of Standard No. 208, and the side impact protection requirements of Standard No. 214. The basis of the grant is that compliance would cause substantial economic hardship to a manufacturer that has tried in good faith to meet the standards.

Cantab imports shells of Morgan sports cars from England, and installs propane engines and drive trains in the US; for this reason, we consider Cantab rather than Morgan as the manufacturer. In the year preceding the filing of its exemption petition it produced only 9 such cars. It has cumulative net losses approaching $ 93,000 for the last three fiscal years. It has been working with Morgan to develop vehicles that will be equipped with airbags meeting Standard No. 208, and provide side impact protection meeting Standard No. 214.

Because the components that must be modified for conformance are under the control of Morgan rather than Cantab, the company is dependent upon Morgan's efforts. Cantab asked for only a 2-year exemption from Standard No. 208, indicating that it is optimistic that its cars will conform in less than the 3 years it could have asked for. However, it appears to require the full 3 years for Standard No. 214.

Any threat to safety that would be presented by an exempted vehicle would be minimal because they are few in number, and are represented as conforming to earlier versions of the two standards.

No comments were received on the application.

Attachment

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

Docket No. 95-53; Notice 2

Cantab Motors, Ltd.

Grant of Application for Temporary Exemption From

Federal Motor Vehicle Safety Standards No. 208 and 214

Cantab Motors, Ltd., of Round Hill, Va., applied for a temporary exemption of two years from paragraph S4.1.4 of Federal Motor Vehicle Safety Standard No. 208 Occupant Crash Protection, and for three years from Federal Motor Vehicle Safety Standard No. 214 Side Impact Protection. The basis of the application was that compliance will cause substantial economic hardship to a manufacturer that has tried to comply with the standard in good faith.

Notice of receipt of the application was published on July 14, 1995, and an opportunity afforded for comment (60 FR 36328).

The make and type of passenger car for which exemption was requested is the Morgan open car or convertible. Morgan Motor Company ("Morgan"), the British manufacturer of the Morgan, has not offered its vehicle for sale in the United States since the early days of the Federal motor vehicle safety standards. In the nine years it has been in business, the applicant has bought 35 incomplete Morgan cars from the British manufacturer, and imported them as motor vehicle equipment, completing manufacture by the addition of engine and fuel system components. They differ from their British counterparts, not only in equipment items and modifications necessary for compliance with the Federal motor vehicle safety standards, but also in their fuel system components and engines, which are propane fueled. As the party completing manufacture of the vehicle, Cantab certifies its conformance to all applicable Federal safety and bumper standards. The vehicle completed by Cantab in the U.S. is deemed sufficiently different from the one produced in Britain that NHTSA considers Cantab the manufacturer, not a converter, even though the brand names are the same.

Morgan itself produced 478 cars in 1994, while in the year preceding the filing of its petition in June 1995, the applicant produced 9 cars for sale in the United States. Since the granting of its original exemption in 1990, Cantab has invested $ 38,244 in research and development related to compliance with Federal safety and emissions standards. The applicant has experienced a net loss in each of its last three fiscal (calendar) years, with a cumulative net loss for this period of $ 92,594.

Application for Exemption from Standard No. 208

Cantab received NHTSA Exemption No. 90-3 from S4.1.2.1 and S4.1.2.2 of Standard No. 208, which expired May 1, 1993 (55 FR 21141). When this exemption was granted in 1990, the applicant had concluded that the most feasible way for it to conform to the automatic restraint requirements of Standard No. 208 was by means of an automatically deploying belt. In the period following the granting of the exemption, Morgan and the applicant created a mock-up of the Morgan passenger compartment with seat belt hardware and motor drive assemblies. In time, it was determined that the belt track was likely to deform, making it inoperable. The program was abandoned, and Morgan and Cantab embarked upon research leading to a dual airbag system.

According to the applicant, Morgan tried without success to obtain a suitable airbag system from Mazda, Jaguar, Rolls-Royce and Lotus. As a result, Morgan is now developing its own system for its cars, and "[as] many as twelve different sensors, of both the impact and deceleration (sic) type, have been tested and the system currently utilizes a steering wheel from a Jaguar and the Land Rover Discovery steering column." Redesign of the passenger compartment is underway, involving knee bolstering, a supplementary seat belt system, antisubmarining devices, and the seats themselves. Morgan informed the applicant on May 2, 1995, that it had thus far completed 10 tests on the mechanical components involved "and are now carrying out a detailed assessment of air bag operating systems and columns before we will be in a position to undertake the full set of appropriate tests to approve the installation in our vehicles."

Application for Exemption from Standard No. 214

Concurrently, Morgan and the applicant have been working towards meeting the dynamic test and performance requirements for side impact protection, for which Standard No. 214 has established a phase-in schedule. Although Morgan fits its car with a dual roll bar system specified by Cantab, and Cantab installs door bars and strengthens the door latch receptacle and striker plate, the system does not yet conform to the new requirements of Standard No. 214, and the applicant has asked for an exemption of three years. It does, however, meet the previous side door strength requirements of the standard. Were the phase-in requirement of S8 applied to it, calculated on the basis of its limited production, only very few cars would be required to meet the standard.

Safety and Public Interest Arguments

Because of the small number of vehicles that the applicant produces and its belief that they are used for pleasure rather than daily for business commuting or on long trips, and because of the three-point restraints and side impact protection currently offered, the applicant argued that an exemption would be in the public interest and consistent with safety. It brought to the agency's attention two recent oblique front impact accidents at estimated speeds of 30 mph and 65 mph respectively in which the restrained occupants "emerged unscathed."

Further, the availability "of this unique vehicle . . . will help maintain the existing diversity of motor vehicles available to the U.S. consumer." Finally, "the distribution of [this] propane-fueled vehicle has contributed to the national interest by promoting the development of motor systems by using alternate fuels."

No comments were received on the application.

In adding only engine and fuel system components to incomplete vehicles, the applicant is not a manufacturer of motor vehicles in the conventional sense. It does not produce the front end structural components, instrument panel, or steering wheel, areas of the motor vehicle whose design is critical for compliance with the airbag requirements of Standard No. 208. These are manufactured by Morgan, and the applicant is necessarily dependent upon Morgan to devise designs that will enable conformance with Standard No. 208. The applicant has been monitoring Morgan's progress, and that company is engaging in testing and design activities necessary for eventual conformance. The fact that the applicant is requesting only a two-year exemption, rather than three, indicates its belief that complying operator and passenger airbags will at last be fitted to its cars by the end of this period.

Similarly, the applicant is dependent upon the structural design of its vehicle for compliance with Standard No. 214. As with Standard No. 208, Morgan and the applicant are working towards conformance, though apparently it will not be achieved within two years. In both instances, however, the applicant is conscious of the need to conform and has been taking steps to accomplish it. Although the company's total expenditure of $ 38,244 in the last five years to meet emission and safety requirements is low, the small number of cars produced for sale in the United States in the last year, nine, would not make available substantial funds to the company, and its cumulative net losses of $ 92,594 indicate an operation whose financial existence is precarious.

Applicant's cars are equipped with manual three-point restraint systems and comply with previous side impact intrusion requirements. Because applicant produces only one line of vehicles, it cannot take advantage of the phase-in requirement. Given the existing level of safety of the vehicles and the comparatively small exposure of the small number of them that would be produced under an exemption, there would appear to be an insignificant risk to traffic safety by providing an exemption. The public interest is served by maintaining the existence of small businesses and by creating awareness of alternative power sources.

In consideration of the foregoing, it is hereby found that to require immediate compliance with Standards Nos. 208 and 214 would cause substantial economic hardship to a manufacturer that has in good faith attempted to meet the standards, and that an exemption would be in the public interest and consistent with the objectives of traffic safety.

Accordingly, the applicant is hereby granted NHTSA Exemption No. 95-2, from paragraph S4.1.4 of 49 CFR 571.208 Motor Vehicle Safety Standard No. 208 Occupant Crash Protection, expiring September 1, 1997, and from 49 CFR 571.214 Motor Vehicle Safety Standard No. 214 Side Impact Protection, expiring September 1, 1998.

(49 U.S.C. 30113; delegation of authority at 49 CFR 1.50)

Issued on SEP 7 1995

Ricardo Martinez, M.D. Administrator

BILLING CODE: 4910-59-P

ID: 77-1.32

TYPE: INTERPRETATION-NHTSA

DATE: 02/25/77

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Ward School Bus Mfg., Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your December 7, 1976 and January 8, 1977, questions whether 53 described intersections of bus body components qualify as "body panel joints" subject to the requirements of Standard No. 221, School Bus Body Joint Strength. This also responds to your question whether the seating reference point in Standard No. 222, School Bus Passenger Seating and Crash Protection, can be located using nominal seat cushion deflection.

The terms which establish the applicability of the requirements of the standard to a particular section of a school bus body are defined in S4 of the standard. Read together, they establish the following test. If the edge of a surface component (made of homogeneous material) in a bus that encloses the bus' occupant space comes into contact or close proximity with any other body component, the requirements of S5 apply, unless the area in question is designed for ventilation or another functional purpose or is a door, window, or maintenance access panel. Applying this test to the 53 intersections of bus body components you describe, it appears that the areas corresponding to the following numbered paragraphs of your letter are bus body joints and therefore must meet the 60-percent joint strength requirements: 1 through 34, 36, 37, 39, 42, 44, 45, 46, 51. Additionally the joint described in your January 8, 1977, submission must comply with the standard.

The illustration accompanying paragraph 16 shows a second joint between a door post and exterior trim panel with the notation that this joint is "Not Required To Meet Std." The agency concludes that this joint also must meet the requirements of the standard, because it is a connection of a body component with a body panel that encloses occupant space.

The lower skirt section described in paragraph 35 is not a body panel that encloses occupant space, because it is located entirely below the level of the floor line and, therefore, is excluded from the standard's requirements.

In the control console area, the interior side panel described in paragraph 38 and the shoulder cap (wire cover) described in paragraph 43 are considered maintenance access panels, whose joining with the bus body is excluded from the requirements only if a wire is installed behind them.

The turn signal housings described in paragraph 40 and 41 are not considered to have a function in enclosing the occupant space and are therefore not considered body components for purposes of the requirements.

The front and rear headers described in paragraphs 47 and 48 are considered primarily structural and have only an incidental role in enclosing the occupant space and, therefore, are not considered "body panels" for purposes of the requirements.

The rubrail described in paragraph 49 is not considered to have a function in enclosing the occupant space and, therefore, is not considered a body component for purposes of the requirements. For purposes of testing the complex joints to which it is fastened, it should be modified as necessary to prevent it from affecting testing of the underlying joint.

Because the plywood described in paragraph 50 is attached to a floor panel and is only added to some buses for insulation purposes, it is not considered to have a function in enclosing the occupant space and is therefore not considered a body component for purposes of the requirements.

The NHTSA concludes that parts A, E, and F of paragraph 52 describe joints between maintenance access panels and the bus body. The heater ducts in parts B, C, and D are the type of ventilation space that is not subject to requirements for joint strength.

In response to your question concerning the effect of seat cushion deflection on the location of the seating reference point, the NHTSA has determined that the definition of seating reference point contemplates some deflection of seat cushions to simulate compression of padding material under the weight of a human torso and thigh. As noted in the preamble of the second proposal for a school bus seating standard (39 FR 27585, July 30, 1974), "It can be seen that the manufacturer's freedom to locate the point is sharply restricted by the definition which specifies that it actually simulate the position of the pivot center of the human torso and thigh, following SAE placement procedures." However, since the seating reference point is an approximation of the pivot center, the NHTSA permits the manufacturer to locate the point based upon nominal seat cushion deflection.

SINCERELY,

Ward SCHOOL BUS MFG., INC.

December 7, 1976

Frank Berndt Acting Chief Counsel NATIONAL HIGHWAY TRAFFIC SAFETY ADMIN.

Subject: Interpretation of FMVSS 221, School Bus Body Joint Strength

We have interpreted FMVSS 221 and are currently working on design changes which will enable us to meet this specification in the future. Since there is some latitude for interpretation in the specification, the purpose of this letter is to convey to you exactly our interpretation of FMVSS 221 as it relates to our body design and request that you review the interpretation.

We ask that you reply to each item as to the validity of our interpretation. This review is being requested in order to eliminate the possibility of erroneous designs due to incorrect interpretation of the standard.

We have chosen a format which we feel is concise and will minimize the paperwork involved. The subject joints are numbered consecutively with the first group being those which we have determined must meet FMVSS 221. It should be noted that there are a few compound joints in this group which contain areas which we feel are not required to meet the standard. These situations are noted on the drawings.

The second group is those joints which we have determined as not being required to meet FMVSS 221. Our reasons for the classification are included with this second group. Drawings and photographs have been used to illustrate each joint. The drawings are not necessarily to scale but were drawn in a manner designed to best illustrate the joint configuration. Individual joint drawings and photographs have been numbered to correspond with the joint descriptions contained herein.

If you need any additional descriptive information, please let us know.

We ask that the drawings and photographs be given confidential treatment.

It should be noted that it is our understanding that any components which are completely below the bus floor level or forward of the windshield are not required to meet the provisions of FMVSS 221.

BY OUR INTERPRETATION OF FMVSS 221, THE FOLLOWING JOINTS (NUMBERS 1-34) ARE REQUIRED TO MEET THE 60% JOINT STRENGTH STANDARD.

1. Front cap joint to upper front cowl.

2. Upper front cowl joint to lower front cowl.

3. Rear cap joint to header and rear outside panel.

4. Rear panel (interior and exterior) joints to emergency door frame.

5. Rear exterior panel joint to rear bottom frame.

6. Rear cap inside lining joint to header.

7. Rear inside lining joint to header.

8. Rear interior lining joint to frame bottom channel.

9. Rear emergency door drip trough joint to header and end cap.

10. Rear inside lining joint to bow.

11. Side skirt joint to floor.

12. Skirt section joints.

13. Center skirt section joint to wheel well.

14. Floor section joints.

15. Wheel well joint to floor.

16. Exterior trim panel (immediately adjacent entrance door) joint to bow and side sheet.

17. Interior trim panel (immediately adjacent entrance door) joints to entrance door frame and bow.

18. Interior side sheet joint to rear interior lining and rear frame corner post.

19. Interior sheet joint to exterior side panel and sill.

20. Interior sheet joint to skirt and back-up angle.

21. Interior side sheet overlap and joint to bow.

22. Interior top lining joint to bow.

23. Interior front header lining joint to header.

24. Interior front header lining joint to interior top sheet and bow.

25. Side window header joint to inside and outside lining.

26. Exterior front cap joint to top skin and bow.

27. Top skin joint to top skin and bow.

28. Exterior side sheet joint to skirt.

29. Rear sheet joint to aft edge of exterior side sheet and reinforcing channel.

30. Exterior rear sheet joint to bow.

31. Left front exterior panel---top section joint to bottom section.

32. Left hand exterior panel forward edge joint to front cowl and post.

33. Left front exterior panel to driver window sill.

34. Aft edge of left front exterior panel joint to side sheet and bow.

BY OUR INTERPRETATION OF FMVSS 221, THE FOLLOWING JOINTS (NUMBERS 35-52) ARE NOT REQUIRED TO MEET THE 60% JOINT STRENGTH STANDARD.

35. Lower center skirt section joint to upper center skirt section.

Reason: In view of the joint configuration, the lower section does not act to enclose occupant space. The joint between the upper center skirt section and the floor is required to meet the standard.

36. Exterior bow cover joint to sill, side sheet, and bow.

Reason: This is a small panel which is insignificant in enclosing occupant space. The vertical edges of this panel are also curved around the bow edges and do not present a flat edge.

37. Exterior trim panel at driver's window joint to "Z" bar and bow.

Reason: This is a small panel which is insignificant in enclosing occupant space. The vertical edges of this panel are also curved around the bow edges and do not present a flat edge.

38. Control console area interior side panel joint to front framework.

Reason: This is considered a maintenance access panel because the bus body wiring passes through it and the control console is installed against it.

39. Front cowl leg, left and right hand, joint to front framework and cowl.

Reason: These legs are structural members.

40. Rear turn signal housing joint to rear panel.

Reason: The turn signal housing is not considered a panel and it does not join the rear panel at a panel edge.

41. Front body mounted turn signal housing joint to front cowl.

Reason: The turn signal housing is not considered a panel and it does not join the cowl at a panel edge. Also, these turn signals are optional items which are not installed on every bus.

42. Inside lining joint to outside lining at rear visibility windows.

Reason: The grazing rubber for glass mounting is installed along this joint. The window area is excluded from the 60% requirement in Section S4 of Standard 221. Also this is not a panel edge but rather a hole in the panel. The edges of the panel are required to meet the standard.

43. Shoulder cap (wire cover) joint to interior side sheet and window sill.

Reason: In most cases, bus body wiring is routed inside this cap thus making it a maintenance access panel and excluding it from the joint strength standard. It is understood that in cases where there are no wires beneath the cap, the subject joints are required to meet the 60% joint strength requirement.

44. Exterior side sheet forward end cap joint to side sheet and doorway trim panel.

Reason: As seen in the photo, this is a small piece which provides the transition from the formed body fairing to the flat doorway area and plays no significant role in "enclosing occupant space."

45. Interior "brite-kote" aluminum panel joint to side sheet (no photo available).

Reason: This is an optional decorative item which is furnished on only a limited number of buses.

46. Interior bow cap joint to bow.

Reason: This panel must be removed in order to replace the window, thus it is considered a maintenance access panel.

47. Rear header joints to bow.

Reason: The rear header is a structural member with only a small amount of surface area exposed to the inside of the bus occupant space.

48. Front header joint to upper front cowl and posts.

Reason: The front header is a structural member with only a small amount of surface area exposed to the inside of the bus occupant space.

49. Rub rail joint to side panel.

Reason: These exterior rails do not serve to "enclose occupant space."

50. Plywood floor on standard metal floor.

Reason: This is an optional insulating material.

51. License plate inset panel joint to exterior rear sheet.

Reason: The license plate inset panel is welded into a hole which is cut in the rear body panel, thus the edge of the rear body panel is not included in the joint.

52. Several items located primarily in the forward section of the bus are designed for functional purposes and are thus excluded from the standard. These items include the following (see photographs):

A) Left hand control console;

B) Left hand heater;

C) Heater duct;

D) Right hand heater;

E) Instrument panel;

F) Transmission cover plate.

We believe that these categorized lists illustrate the fact that we have tried to objectively interpret FMVSS 221. Your review of those items and subsequent reply will serve to indicate the accuracy of our interpretation.

Your cooperation is appreciated.

Raymond Titsworth, Project Engineer

ID: 1985-03.29

TYPE: INTERPRETATION-NHTSA

DATE: 08/13/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Mr. Robert D. Bagg

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of July 5, 1985, to Stephen Oesch of my staff concerning Federal regulations that might affect a product you have developed. The information submitted with your letter describes the product as a collapsible partition that attaches to the rear of the front seat in a motor vehicle. The purpose of your product is to keep heat within the front portion of a car. The following discussion provides an explanation of how our standards would affect a device such as yours.

The National Traffic and Motor Vehicle Safety Act authorizes our agency to issue Federal Motor Vehicle Safety Standards that apply to new motor vehicles and items of motor vehicle equipment. We have issued several standards that apply or affect the use of your product. First, we have issued Standard No. 205, Glazing Materials, which applies to all glazing installed in a motor vehicle, including the glazing used in an interior partition. Standard No. 205 incorporates by reference Standard ANS Z-26, "Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highway," of the American National Standard Institute. A copy of Standard No. 205 and ANS Z-26 are enclosed for your reference.

Standard No. 205 specifies performance requirements for various types of glazing and also regulates the locations in vehicles in which each type of glazing may be used. The various types of glazing are designated as "Items" in the standard. Under the requirements of this standard, an interior partition to be used on a passenger vehicle at locations requisite for driving visibility, such as the device you have developed, may be manufactured out of either Item 1, Item 2, Item 4, Item 10, Item 11A, or Item 14 glazing materials.

Safety Standard No. 205 also sets forth specific certification and marking requirements for glazing materials. The marking requirements for prime glazing material manufacturers (i.e. those who fabricate, laminate, or temper the glazing material) are set out in paragraph S6.1 of the standard. In addition, section 6.3 of the standard requires each item of motor vehicle equipment to be certified pursuant to section 114 of the Vehicle Safety Act. Section 114 provides that an item of motor vehicle equipment may be certified by means of a label or tag on the item or on the outside of the container in which the equipment is delivered. The label or tag must state that the item of motor vehicle equipment complies with all applicable motor vehicle safety standards, which in this case would be Standard No. 205.

Under Section 108(a)(1)(A) of the Vehicle Safety Act, new motor vehicle equipment, such as interior partitions, must comply with applicable safety standards prior to sale. The manufacture, sale, or installation of a partition that does not conform to the standard, or the installation of a partition in a new vehicle in a location that is not authorized in Standard No. 205, would be in a violation of Section 108(a)(1)(A). Under Section 109(a), anyone who sells motor vehicle equipment which does not conform to all applicable safety standards is subject to a civil penalty of up to $1,000 for each violation.

Installation of your device could also be affected by Standard No. 201, Occupant Protection in Interior Impact. Section 3.2 of Standard No. 201, sets energy-absorption requirements for the back of the front seat to protect the heads of rear seat occupants thrown forward in a crash. A copy of Standard No. 201 is enclosed for your reference. Therefore, if your device were installed in a new vehicle prior to its first sale to a consumer, the manufacturer would have to certify that the vehicle, as equipped, complies with all standard including Standard No. 201.

Installation of your product in a used vehicle could be affected by section 108(a)(2)(A) of the Vehicle Safety Act. In 1974, Congress amended the Vehicle Safety Act to address the problem of persons tampering with safety equipment. That section provides, in part, that:

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 equipment in compliance with an applicable Federal motor vehicle safety standard . . . .

Thus, no manufacturer, distributor, dealer, or motor vehicle repair business may add your product to a motor vehicle, if that action would "render inoperative" the vehicle's compliance with Standard No. 201. The Vehicle Safety Act provides for civil penalties for persons that "render inoperative" an element of a safety standard.

Section 108(a)(2)(A) of the Act does not apply to individual vehicle owners. Thus, individual vehicle owners can, themselves, add your product to their vehicles without violating Federal law. However, installation of your product by individual owners would have to be done in accordance with applicable State law.

Manufacturers of motor vehicle equipment also have responsibilities under the Vehicle Safety Act regarding safety defects and noncompliances in their products. Under Sections 151 et seg., they must notify purchasers about safety-related defects and noncompliances and remedy the product free of charge. Again, Section 109(a) imposes a civil penalty upon any person who fails to provide notification of or remedy for a defect or noncompliance in motor vehicle equipment. A copy of the Vehicle Safety act and an information sheet outlining the responsibilities of vehicle and equipment manufacturers is enclosed.

We hope you find this information helpful. Please contact this office if you have any more questions.

ENCLS.

7/5/85

Dear Mr. Each,

In a mush as I didn't talk to you over phone, I'm sending this copy of Invention What I would like to know is, would this most the gov't requirement legally to use in vehicles. Before the manufacture and what. I would like advise.

RoBagg

OHEONTA, N.Y.

Dat# 3,002,784

OCC 0944

FIG.1.

FIG.2.

FIG.4.

FIG.3.

FIG.5.

(Graphics omitted)

INVENTOR.

Robert D. Bagg

By: L. S. Saulsbury.

ATTORNEY

Robert D. Bagg An Automobile Heat Saver Partition (One Sheet of Drawing)

This invention relates to an automobile heat saver partition.

It is the principal object of this invention to provide a collapsible partition for automobiles adapted to be located in the automobile and attached to the rear of the front seat so as to keep the heat of the automobile within the front seat space thereby eliminating the necessity of heating the rear seat space when vacant so that the driver will be supplied with adequate heat during cold weather with below zero temperatures.

It is another object of the invention to provide a partition for automobiles which has a transparent top piece so that the partition while located in the rear of the driver will not impair the visibility of the driver through the rear view mirror.

It is still another object of the invention to provide a heat saving partition for automobiles that is collapsible so that it can be stored easily in the trunk of the automobile when not in use or even left standing in a collapsed condition in rear of the front seat when not in use.

It is a further object of the invention to provide a heat saving partition for automobiles that can be attached to the rear of the front seat and supported therefrom by a simple strap.

It is a still further object of the invention to provide a heat saving partition for automobiles which will be made up in the form of a kit of few tube parts which can be readily assembled and fitted to one another and attached to the front seat of the automobile, and that is easy to disassemble and put into storage, the same consuming little space when disassembled.

Other objects of the invention are to provide a collapsible heat saver partition for automobiles, having the above objects in mind, which is of simple construction, inexpensive to manufacture, has a minimum number of parts, light in weight, easy to assemble, durable, of pleasing appearance, effective and efficient in use.

For other objects and a better understanding of the invention, reference may be had to the following detailed description taken in connection with the accompanying drawing, in which

Figure 1 is a side elevational view of a heat saver partition installed in an automobile upon the rear of the front seat thereof and constructed according to one form of the invention.

Fig. 2 is a perspective view of the partition and the seat to which it is attached by a strap,

Fig. 3 is an enlarged vertical sectional view of the partition as viewed on line 3-3 of Fig. 2 with illustration made as to the manner in which the partition may be collapsed,

Fig. 4 is a vertical perspective view of a heat saving partition formed of a plurality of tube parts according to another form of the invention, and

Fig. 5 is an exploded view of the partition shown in Fig. 4 and illustrating the manner in which they are assembled to one another.

Referring now particularly to Figs. 1 to 3, 10 generally represents the collapsible partition constructed according to one form of the invention comprising a bottom section 11 and a top frame 12 with a transparent window 13 therein and hingedly connected to the upper end of the lower section by hinges 14 and 15 so that the upper frame section 12 can be collapsed downwardly over the rear face of the lower section 11 at times when the rear seat space is to be heated as illustrated in Fig. 3 at 12' or when the partition is to be stored in the trunk space. Strap parts 16 and 17 are extended about the front seat to hold the partition against the rear face of the front seat. The window frame section 12 is held in its elevated position by a turn knob 18 secured to the lower section 11 on a pivot pin 19 near to the upper edge thereof and adapted when turned to overlie the lower edge to extend upwardly over the lower edge of the frame section 12 whereby the upper section will be held in its extended and raised position. The lower edge of the section 11 is cut away at 20 to accommodate the shaft hump in the floor of the automobile. The partition may be made of cardboard, plywood, plastic or metal.

Referring now particularly to Figs. 4 and 5, the partition is made up of aluminum tube parts. Pipe leg supports 22 and 23 have fitted to their upper ends thereof a transverse member 24 by its sockets 25 and 26 to the upper ends of which there is fitted legs 27 and 28 of a U-shaped member having a top portion 29. An elongated transparent plastic sleeve 30 shaped to conform to the U-shaped member is slid downwardly over the top portion 29 to provide a window partition through which the drivercan see. Plastic sleeve 30 is closed at the top and shaped to conform to the rounded ends of the top portion 29 of the U-shaped member. Separable straps 31 and 32 are respectively secured to the leg extensions 22 and 23 and can be fastened together by a buckle 33 about the front of the automobile seat in the manner illustrated in Fig. 4. In both forms of the invention the upper section or part of the partition is contoured to conform to the upper interior of the automobile.

It should now be apparent that there has been provided a heat saver partition for automobiles that can be collapsed or disassembled when not being used and which can be easily assembled, upon the rear of the front seat by simply connecting together straps about the front seat.

The legs and the transverse member constitute a lower section and the U-shape member with the transparent sleeve 30 constitute the upper section.

While various changes may be made in the detailed construction, it shall be understood that such changes shall be within the spirit and scope of the present invention as defined by the appended claims.

WHAT IS CLAIMED IS:

1. A heat saver partition for automobiles comprising a lower section, strap means for detachably securing the lower section to the rear of and about the front seat of the automobile, a transparent second section releasably connected to the lower section and adapted to be elevated or lowered therefrom to provide a closure for the upper portion of the automobiles interior, said upper section conforming generally thereto.

2. A heat saver partition for automobiles as defined in claim 1, said upper section being hingedly connected to the upper edge of the lower section and adapted to be collapsed downwardly thereover, and latch means for securing the upper section in its elevated position from the lower section.

3. A heat saver partition for automobiles as defined in claim 2, and said lower section being cut away to accommodate the shaft hump on the floor of the automobile.

4. A heat saver partition for automobiles as defined in claim 1, and said lower section formed of vertical pipes and a transverse member having sockets fitted to the upper ends of the pipes, and said upper section comprising a U-shaped member having legs adapted to be tight fitted into the sockets of the transverse member, and a transparent member conforming to the shape of the U-shaped member and slide fitted downwardly thereover.

ID: Ms Buley