ID: nht68-3.43

DATE: 07/25/68

FROM: AUTHOR UNAVAILABLE; David A. Fay; NHTSA

TO: Department of California Highway Patrol

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of July 2, 1968, to Mr. George C. Nield, Acting Director, Motor Vehicle Safety Performance Service, concerning requirements for combination clearance and side marker lamps.

Paragraph S3.3 of Motor Vehicle Safety Standard No. 108 permits the combination of two or more lamps providing the requirements for each are met. Table 1 in SAE Standard J592b gives the photometric requirements for both the clearance and side marker lamps, and Section J of the Standard permits their combination providing the combination complies with both clearance and side marker minimum candlepower requirements. Section J also defines the H-V axis of the combination as parallel with the longitudinal axis of the vehicle when checking clearance lamp test points, and normal to this vehicle axis when checking side marker test points.

Your table of minimum candlepower requirements for the Type 2 combination lamp meets J592b and therefore Standard No. 108 providing you define the H-V axis as that of the side marker lamp. The requirements for the Type 1 combination as specified in your table will not meet J592b or Standard No. 108 unless you change H-10, -20, -30, -45, -60, -80 and -90, both 1, and R to H-15, -25, -35, -45, -55, -65, -75 and -90, both L and R, and define the H-V axis as a line through the center of the lamp at a 45 degree angle to the longitudinal axis of the vehicle.

Your mounting instructions are considerably more restrictive than those implied in J592b and Standard No. 108. Actually, no additional mounting instructions are necessary, because any mounting which meets the minimum candlepower requirements of Table 1 in J592 and your table with the suggested revisions would meet the requirements of Standard No. 108.

ID: 16054.ztv

Mr. Bill Cox
Monte Carlo Minis
Box 369
Earl, NC 28038

Dear Mr. Cox:

This is in reply to your faxes of September 22, 1997, and October 1, 1997, to Taylor Vinson of this Office.

With your fax of September 22, you attached an article distributed by the Knight-Ridder newspapers on the arrival of the first Chinese truck or sport utility vehicle at a Michigan dealership. This article contains the statement that "since it's considered a low-volume vehicle, it needn't comply with U.S. safety standards. It doesn't have air bags and it doesn't meet U.S. crash standards." You have asked how they are allowed to do this.

The article is incorrect. All low-volume motor vehicles must comply with all applicable Federal motor vehicle safety standards in order to be imported and sold in the United States, unless it has filed for and received an exemption from the standards. As Mr. Vinson informed you in his call to you on October 1, no exemption has been granted this Chinese vehicle.

In your fax of October 1, you state that new Volkswagen Beetles are being imported under an exemption from NHTSA "allowing small volume importers to import 10 cars or less not to comply." You ask why you weren't told about this exemption. As with the Chinese Jeep, the Volkswagen Beetle does not have a small volume importer exemption. However, this vehicle could be imported as one that has been refurbished from an original vehicle that is more than 25 years old. If this is the case, then the vehicle is not required to comply upon admission to the United States.

We are providing copies of your correspondence to our compliance office. Thank you for informing us of these matters.

Sincerely,
John Womack
Acting Chief Counsel
ref:591
d.10/9/97

ID: 1985-02.5

TYPE: INTERPRETATION-NHTSA

DATE: 03/28/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Mr. Robert M. Levy

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Robert M. Levy Manager, Design Engineering Abex Corporation Signal-Stat Division P.O. Box 438 Somerset, New Jersey 08873-3492

Dear Mr. Levy:

This is in reply to your letter of February 25, 1985, to Frank Berndt, the former Chief Counsel of this agency, asking for clarification of an interpretation of Safety Standard No. 108 that tnis agency furnished last year to Wesbar Corp.

On May 16, 1984, Wesbar asked whether the correct minimum effective luminous lens area on stop lamps and turn signal lamps was 8 square inches or 12 square inches, when intended for use on trailers whose overall width is 80 inches or greater. This office advised Wesbar on July 3, 1984, that, as specified in SAE J586c for stop.lamps and SAE J588e for turn signal lamps, the answer was 8 square inches. Your letter calls to our attention the fact that these SAE standards require each stop and turn signal lamp to have a minimum of 12 square inches in those vehicle configurations where two stop or turn signal lamps are mounted on the same side of the vehicle and are closer to each other than 22 inches.

Thank you for calling this oversight to our attention. Indeed, SAE J586c and J588e establish this exception to the general minimum requirement of 8 square inches. We are furnishing a copy of this letter to Wesbar and apologize for any confusion that the earlier letter has caused.

Sincerely,

Jeffrey R. Miller Chief Counsel

cc: Mr. C.I. Nielsen III Vice President - Marketing Wesbar Corporation Box 577 West Bend, Wisconsin 53095

ID: nht76-4.38

DATE: 02/25/76

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: State of Connecticut

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letters of June 24, 1975, and May 30, 1975, regarding Federal Motor Vehicle Safety Standards Nos. 217 and 205. Please excuse our delay in answering your questions.

In your letter of June 24, 1975, you asked whether Standard No. 217 applies to school buses, and if so, whether Connecticut's regulations concerning emergency exits for school buses are in conflict with the Federal standard. By notice published in the Federal Register on January 27, 1976 (41 FR 3871) Federal Motor Vehicle Safety Standard No. 217, Bus Window Retention and Release, 49 CFR 571.217, was amended to specify requirements for emergency doors for school buses, pursuant to the provisions of Section 202 of the Motor Vehicle and Safety Amendments of 1974 (Pub. L. 93-492, 88 Stat. 1484, 15 U.S.C. 1392).

Since Standard No. 217, as amended, applies to school buses, effective October 26, 1976, any State regulations which differ are voided by @ 103(d) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1392(d)). The Connecticut regulations are, therefore, preempted by Standard No. 217, since @ 103(d) requires the State regulations to be "identical" to the Federal standard.

It should be noted, however, that while the State of Connecticut may not issue a regulation which differs from similarly applicable Federal Motor Vehicle Safety Standard requirements, Connecticut (or any of its political subdivisions) may in its own contracts for school bus purchases require more stringent specifications, as long as the Federal minimum requirements are met.

In your letter of May 30, 1975, you asked whether Lucite AR and other similar rigid plastics are allowed for use as side windows of buses under Standard No. 205, even though S5.1.2.1 does not list the use for "Item 12" rigid plastics.

"Item 12" is a classification created by the NHTSA for rigid plastics which comply with all the tests required of "Item 5" rigid plastics as defined in ANS Z26, with the exception of the test for resistance to undiluted denatured alcohol. Paragraph S5.1.2.1, Item 12 - Rigid plastics, provides that "Item 5" safety plastic materials may be used in motor vehicles only in the locations specified, at levels not requisite for driving visibility. These locations include "Standee windows in buses" and "readily removable windows". However, there is no provision in S5.1.2.1 which allows the use of "Item 12" plastic materials for fixed, side windows in buses.

Standard No. 205 defines readily removable windows in buses having a GVWR of more than 10,000 pounds to include pushout windows and windows mounted in emergency exits that can be manually pushed out of their location in the vehicle without the use of tools, whether or not one side remains hinged to the vehicle. Rigid plastics can only be used for side windows in buses if the side window is a readily removable window as defined by S5.1.1.4 or a standee window.

I hope this letter clarifies your questions concerning Standard Nos. 217 and 205. Please contact us if we can be of any further assistance.

YOURS TRULY,

STATE OF CONNECTICUT DEPARTMENT OF MOTOR VEHICLES

June 24, 1975

Richard Dyson Assistant Chief Counsel U.S. Department of Transportation National Highway Traffic Safety Administration

This is in regard to your recent reply to Mr. W. G. Milby, Staff Engineer from the Blue Bird Body Company in Fort Valley, Georgia concerning Connecticut regulations for emergency exits on school buses.

I have no question with the response that State regulations must be identical to Federal standard or are considered void. I can understand the reasoning behind this decision and agree with it completely. The interpretation I would have is; Does Motor Vehicle Safety Standard #217 apply to school buses, and if it does; are Connecticut regulations concerning emergency doors and emergency windows in conflict with Motor Vehicle Safety Standard #217?

I am attaching for your information copies of those sections of Connecticut regulations concerning emergency exits from the "MINIMUM REQUIREMENTS FOR TYPE I SCHOOL BUS CONSTRUCTION AND EQUIPMENT and all correspondence pertaining to this subject.

Thank you for your cooperation and assistance in this regard.

John L. O'Connell Pupil Transportation Administrator

ATTACHMENTS

BLUE BIRD BODY COMPANY

May 19, 1975

Richard Dyson Assistant Chief Counsel U.S. Department of Transportation NHTSA

The State of Connecticut recently adopted new school bus specifications which will become effective on school buses manufactured after January 1, 1976. In two areas these specifications are more restrictive than FMVSS 217 Bus Window Retention and Release.

In section 14-275B-16 (d) and 14-275B-17 (a), (see attached copies), the Connecticut specifications call for emergency exit release forces of between 5 and 15 pounds and 5 and 20 pounds respectively. Since these forces are different than those required by FMVSS 217, this imposes an additional constraint on school bus manufacturers for that state. Also, we are concerned that latch forces as low as 5 pounds could result in inadvertent opening of emergency exits.

We are in receipt of a copy of a letter which you sent to Mr. Donald L. Gibson, dated November 29, 1974, with file reference N40-30 (KK). In that letter you state:

"The federal requirements must be regarded as conclusive with regard to parking brake performance and emergency braking capability in order to maintain the uniformity necessary in a federal regulatory scheme. If states were permitted to impose additional requirements in an area regulated by a federal safety standard, manufacturers would be confronted with an impossible task of compliance. This reasoning formed the basis of the recent decision rendered in a case brought by the Motorcycle Industry Council, Inc., against the State of California in the United States District Court for the Eastern District of California concerning the preemption of a California State requirement that motorcycle lamps be wired to operate when the engine is running. The court held that the California requirement is preempted by the Federal Motor Vehicle Standard 108 since the NHTSA intended to cover all aspects of performance directly involving motorcycle headlamps."

It appears to us that this current conflict between the new Connecticut regulations and FMVSS 217 is similar to the matter which you addressed in your letter quoted above.

In the light of such conflicting specifications, what is our responsibility as a school bus manufacturer.

W. G. Milby Staff Manager

cc: JOHN O'CONNELL; DAVE PHELPS

MINIMUM REQUIREMENTS FOR TYPE I SCHOOL BUS CONSTRUCTION AND EQUIPMENT PAGES 9 AND 10 the release mechanism should be turned to open the emergency door shall be painted on the outside of the emergency door in black on the national school bus yellow background. The emergency door shall have a horizontal opening of at least 30 inches and a vertical opening of at least 48 inches measured from the floor level. No steps shall lead to the emergency door. The emergency door or exit shall be devised so as to be opened from the inside and the outside.

(b) The passage to the emergency door shall be kept clear of obstructions. For rear doors the horizontal clearance of 30 inches shall be maintained for a distance of at least twelve inches inside the bus. When the emergency door is in the left side, a minimum horizontal clearance of 30 inches and a vertical clearance of 48 inches shall be maintained between it and the center aisle.

(c) The upper and lower portion of the central rear emergency door shall be equipped with approved safety glass, the exposed area of which shall be not less than four hundred (400) square inches in the upper portion and not less than three hundred (300) square inches in the lower portion. The left side emergency door shall be equipped with safety glass in the upper portion and the lower portion shall be of at least the same gauge metal as the body outer panels. The emergency door shall be hinged on the right side if it is in the rear end of the bus and on the front side if it is in the left side and shall open only outward. Control from the driver's seat shall not be permitted.

(d) The emergency door shall be equipped with a slide-bar, cam-operated latch which shall be a minimum stroke of one inch. The latch shall be equipped with a suitable electric plunger-type switch connected with a distinctive audible signal automatically operated and located in the driver's compartment which shall clearly indicate the unlatching of this door and no cutoff switch shall be installed in the circuit. The switch shall be enclosed in a metal case, and wires leading from the switch shall be concealed in the body. The switch shall be so installed that the plunger contacts the farthest edge of the slide bar in such a manner that any movement of the slide bar will immediately close the circuit and activate the signal. The door latch shall be equipped with an interial handle which shall be capable of quick release upon application of a force between 5 and 15 pounds but shall be protected against accidental release. It shall lift up to release the latch. The outside handle shall be installed in a vertical position when latched so as to minimize hitching and shall be a non-detachable device.

(e) An audio alarm shall indicate to the driver when any door is in the locked position while the ignition switch is in the "on" position.

Sec. 14-275b-17. Emergency Windows. (a) A rear emergency window at least 16 inches height and as wide as practicable shall be provided in any where the emergency door is not in the rear. The rear window shall be designed so as to be opened from either the inside the outside. It shall be hinged at the top and be equipped a linkage or mechanism that will automatically hold the (Illegible Word) window against the force of gravity at a hinge opening angle 60 + 5 degrees measured from the closed window position. Such linkage or mechanism shall not prevent the window from (Illegible Word) a full 90 degrees due to gravitational forces should the bus be inverted. A positive latch on the inside shall provide (Illegible Word) quick release upon application of a force between 5 and 20 pounds but offer protection against accidental release. The outside handle shall be non-detachable and designed to minimize hitching.

(b) Labeling shall indicate in 1/2 inch letters on the inside the window operates and in letters at least two inches in height the words "Emergency Exit" above on the inside and directly below on the outside. clearly indicate to the driver the unlatching of the rear emergency window or the opening of any push-out emergency windows and no cutoff switch shall be installed in the (Illegible Word)

(d) If there is a space between the top of the rear divan seat the inside lower edge of the rear emergency window, such space shall be covered by a material of sufficient strength to sustain 600 pounds weight.

Sec. 14-275b-18. Exhaust System and Muffler. The exhaust system shall include the exhaust manifold and gaskets, piping leading from the flange of the exhaust manifold to and including the muffler(s). The system shall not extend into the body and shall be attached to the chassis. The tail pipe(s) shall be non-flexible sixteen gauge steel or equivalent and shall extend beyond the rear end of the chassis frame but not beyond the rear limit of the bumper. The complete exhaust system shall be tight and free from leaks and shall be properly insulated from the electrical wiring or any combustible part of the bus. It shall not pass within twelve inches of the fuel tank or its connections except that the exhaust system may come within four inches of the tank or its connections if a suitable heat baffle is installed between the exhaust system and such tank or connections. The size of the in the exhaust system shall not be reduced below that at the engine manifold.

BLUE BIRD BODY COMPANY

June 10, 1975

John O'Connell Pupil Transportation Adm. Department of Motor Vehicles

On May 19, 1975, I wrote Mr. Richard Dyson, Assistant Chief Counsel for NHTSA with regard to the emergency exit requirements in the new Connecticut School Bus Specifications VS Federal Standard 217, Bus Window Retention and Release per our earlier telephone conversation.

Attached please find a copy of the reply to that letter from Mr. James C. Schultz, Chief Counsel for NHTSA. I think it would be good for us to discuss this reply and so after you have had a few days to review this letter I will plan to call you.

Look forward to talking to you shortly.

W. G. Milby Staff Engineer

c: DAVE PHELPS

ID: aiam4472

Dear Mr. Smith: This is in reply to your recent undated lette regarding the 'Highway Automatic Communications Indicator (HACI)', as supplemented by a telephone conversation between you and Stephen Wood of my staff on December 20, l988. You have asked for approval of your device. The HACI 'will display, via a transparent display screen mounted in the rear window, pre-programmed distress messages, activated only when with the automobile is at a complete standstill.' The diagram of the display alert indicates that the message would appear in the middle of the rear window, rather than at the bottom of the window where the lamp would be. When not activated, the device would be transparent. It would be activated by a special switch, not by the brake pedal. It is our understanding that the HACI would be activated only when the vehicle is stationary, and is not wired into the brake light or hazard light system. The National Highway Traffic Safety Administration has no authority to approve or disapprove individual inventions or devices. We can, however, advise you as to the relationship of the HACI to the Federal motor vehicle safety standards and the National Traffic and Motor Vehicle Safety Act under the authority of which the standards are issued. These standards must be met at the time a vehicle is sold to its first purchaser, and persons other than the purchaser may not modify a vehicle after its sale in a manner that, in essence, renders it noncompliant with any standard. There are three standards potentially affected by the HACI. The first is the lighting standard, Standard No. 108. Since the HACI's display screen is mounted in the rear window, a problem could arise if the center high mounted stop lamp required by Standard No. 108 is also mounted in that area. The HACI is permissible as original vehicle equipment as long as it does not impair the effectiveness of the high mounted lamp, or any other lamp required by Standard No. 108. While this determination is the responsibility of the vehicle manufacturer (or dealer, if the HACI is installed after vehicle manufacture but before sale to its first purchaser) in the first instance, it appears to us that the effectiveness of the high mounted lamp would not be impaired. We base this conclusion on our understanding that the message would appear in the middle of the rear window, instead of at the bottom of the window where the lamp would be and that it would apparently be activated only when the vehicle was stationary, such as parked on the side of the road. The second standard potentially affected is Standard No. lll, relating to rearview mirrors. This standard specifies a field of view to be met by the inside rearview mirror, if the mirror does not provide this field of view, an outside mirror on the front seat passenger side must be provided. Since your device is reportedly transparent when not activated, and would be activated only when the vehicle is stationary, it may well be that there is no necessity for the addition of an outside mirror. However, we do not have sufficient information to determine whether the HACI would impede the field of view under all conditions. The third standard potentially affected is Standard No. 205, relating to glazing. This requires, in part, that all glazing in passenger cars have at least 70 percent light transmittance. To the extent that the display screen reduces light transmittance, it could create a noncompliance with this standard. However, because you have indicated that your display screen is transparent, it does not appear likely that any reduction in light transmittance would fall below the specified minimum. With this guidance and your knowledge of the HACI, you should be able to judge whether installation of the HACI either before or after the initial sale of a passenger car might be regarded as creating a noncompliance with a Federal motor vehicle safety standard, or otherwise be in violation of the Act. An official judgment regarding noncompliance or violation is made by the agency only in the context of an enforcement proceeding. In addition, you should be aware that the HACI remains subject to the laws of the individual States. We cannot advise you of its legality under these laws. To obtain an opinion on this matter, you may wish to consult the American Association of Motor Vehicle Administrators, 4600 Wilson Blvd., Arlington, Va. 22203. Sincerely, Erika Z. Jones Chief Counsel;

ID: aiam4151

Dear Mr. Fiani: Thank you for providing the agency with information about your product the Tot-Loc child safety seat belt buckle shield. Your product is designed to prevent children from inadvertently or intentionally opening the buckle of a safety belt. Your product is a piece of plastic which snaps around and covers the front of a buckle of a safety belt. To open the buckle, a person must insert a car or other key into a slot on top of the plastic cover and depress the safety belt buckle release with the key.; Although we understand your concern that young children not be able t easily get out of a safety belt, we have signification reservations about your product. I hope the following discussion explains our reservations and the effect of our regulations on your product.; Our agency has the authority to issue safety standards applicable t new motor vehicles and certain items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead the National Traffic and Motor Vehicle Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet our safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects.; Although we do not have any standards that directly apply to you product, we do have several statutory provisions that could affect it. Manufacturers of motor vehicle equipment such as your product are subject to the requirements in sections 151-159 of the Vehicle Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. The agency does not determine the existence of safety defects except in the context of a defect proceeding, and thus is unable to say whether your product might or might not contain such a defect. However, the agency has reservations about your product because of our concern that people be able to easily and quickly operate a safety belt in an emergency. As the agency said last year on the related topic of the force level necessary to operate buckles in child restraints:; >>>The agency's safety concerns over child restraint buckle forc release and size stem from the need for convenient buckling and unbuckling of a child and, in emergencies, to quickly remove the child from the restraint. This latter situation can occur in instances of post-crash fires, immersions, etc. A restraint that is difficult to disengage, due to the need for excessive buckle pressure or difficulty in operating the release mechanism because of a very small release button, can unnecessarily endanger the child in the restraint and the adult attempting to release the child. (50 FR 33722, August 21, 1985).<<<; In addition, use of your product can be affected by sectio 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from knowingly tampering with devices or elements of design installed in a vehicle in compliance with the Federal motor vehicle safety standards. One requirement of Standard No. 209, *Seat Belt Assemblies*, is that the pushbutton release for a safety belt must have a minimum area for applying the release force. Installation of your device by a commercial business could be prohibited since it apparently would substantially reduce the minimum area available for applying the release force to the safety belt pushbutton. In addition, Standard No. 302, *Flammability of Interior Materials*, requires new safety belts to meet a flammability resistance requirement. Thus, although Standard No. 302 does not directly apply to aftermarket equipment, commercial businesses could not install your device if it would mean that the safety belt no longer met the flammability resistance requirements of Standard No. 302.; The prohibition of section 108(a)(2(A) (sic) does not apply t individual vehicle owners who may install or remove any items of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, our policy is to encourage vehicle owners not to remove or otherwise tamper with vehicle safety equipment. Installation of your product by any person could be inconsistent with that policy.; If you have any further questions, please let me know. Sincerely, Erika Z. Jones, Chief Counsel

ID: aiam1510

Dear Mr. Vecchio:#This is in reply to your letter of May 17, 1974, wit questions as to the applicability of the National Traffic and Motor Vehicle Safety Act to your operations, and its relationship to a contract provision requested by General Motors (GM) requiring that you certify compliance of the hoses you deliver to it.#Your primary responsibility under the Act is to manufacture brake hoses that conform to 49 CFR S571.106, Motor Vehicle Safety Standard No. 106. On and after September 1, 1974, pursuant to S5.2, *Labeling*, of that standard, each hydraulic brake hose, end fitting, and assembly shall be marked with 'The symbol DOT, constituting a certification' by the hose manufacturer, fitting manufacturer, and hose assembler that each item 'conforms to all applicable Federal motor vehicle safety standards.' Since the symbol is a permanent mark on the product, certification will be furnished to anyone through whose hands it passes, whether or not it is required by S114 of the Act. In our view, the symbol DOT is also a 'certificate' within the meaning of S108(b) (2) since it is the manufacturer's representation of compliance upon which other persons may rely. The contract language suggested by GM is therefore not something required by the Act.#I note however, that the amendment requested by GM is to take effect July 1, 1974, two months before you are legally required to use the DOT mark. With respect to your obligations in the interim: Under S114 and the certification notice published November 4, 1967, (32 F.R. 15444) an equipment manufacturer must certify conformity to 'dealers' and 'distributors' by a label or tag on the item itself or on the container in which it is shipped. Obviously this includes dealers and distributors to whom you sell directly.#We also consider that the manufacturer of a vehicle, such as GM, into which a hose is incorporated is a distributer of brake hoses to whom S114 certification must be provided. Any further requirements specified by GM in your contract would be, of course, purely a matter of contract law.#Because you are required to manufacture hoses to conform to Standard No. 106 you are legally responsible for any violation directly attributable to the manufacturing process, irrespective of any certification provided GM. The question whether that certification relieves GM of liability cannot be answered in the abstract. As of January 1, 1975, Standard No. 106 will also apply to motor vehicles, and we do not interpret S108(b) (2) in this context as relieving a vehicle manufacturer of his obligation to exercise due care. Certainly, at a minimum, GM would be liable for violations attributable to installation.#You have also asked for guidance on the recall provisions of S111 and the notification provisions of S113. The repurchase provisions of S111 come into effect upon a determination by either NHTSA or a manufacturer that there exists either a safety-related defect or a nonconformance. This section is not enforced directly by NHTSA, but affords redress to distributors and dealers in the event a manufacturer refuses to repurchase substandard vehicles or equipment items. Since a S108(b) (2)certificate covers only compliance and is not a guarantee of freedom from safety-related defects, it cannot have been intended 'to pass the expense of recall from GM' to you when S111 is invoked. The S108(b) (2) certificate was intended only to provide protection to certificate holders from civil penalty liabilities. Liability for expenses under S111 or S113 is a contract matter between GM and you.#As for S113, your understanding of Mr. Vinson's remarks is essentially correct. There is a direct notification obligation under S113(a) only upon manufacturers of vehicles and tires. But a S113(e) proceeding can involve any motor vehicle equipment manufacturer as a party, who could be ordered to proceed with a S113(a) notification campaign upon a finding that a safety-related defect or a noncompliance exists. A brake hose manufacturer upon such a finding would be required to provide notification to aftermarket purchasers. If the component is used as original vehicle equipment the vehicle manufacturer would normally also be a party to a S113(e) proceeding and required to furnish notification to vehicle purchasers.#Sincerely,Lawrence R. Schneider,Chief Counsel;

ID: aiam3957

Dear Mr. Westlake: This is in reply to your letter of February 25, 1985, to Mr. Stephe Wood of this office asking the following three questions about rebuilding and remanufacturing heavy duty trucks.; >>>'1) When rebuilding a used truck with a glider kit, it is ou understanding that the process is considered 'rebuilding' when the three major components (engine, transmission and rear axle) are reused in the rebuilding process. If one or more of these major components is new, does the production of the truck chassis change its legal character from 'rebuilding' to 'first stage manufacturer'?'<<<; Neither the National Traffic and Motor Vehicle Safety Act ('the Act' nor the Federal Motor Vehicle Safety Standard ('safety standards') contain the terms 'rebuilding' and 'first stage manufacturer'. Your question, however, is clear: when new and used components are used in rebuilding a heavy truck, at what point does the truck become a 'new' vehicle which must comply with all safety standards that apply to trucks.; The agency's regulation on *Combining new and used components*, 49 CF 571.7(e), provides:; >>>'When a new cab is used in the assembly of a truck, the truck wil be considered newly manufactured for purposes of compliance with the safety standards and other provisions of the Act unless the engine, transmission, and drive axle(s) (as a minimum) of the assembled vehicle are not new, and at least two of these components were taken from the same vehicle'.<<<; Thus, in terms of your question, if the three major components ar reused in the rebuilding process and at least two of the three came from the same vehicle, the Federal motor vehicle safety standards do not apply even if a new cab is used. But if one of the three components is new, or if all are used and came from three different motor vehicles, then the standards apply and the truck must meet them, and be certified as meeting them, upon final assembly.; Your reference to 'first stage manufacturer' implies that there may b rebuilding fact situations in which the process is completed by a person other than the manufacturer who initiated it. If the rebuilt truck is 'new', then its assemblers are subject to 49 CFR Part 568 *Vehicle (sic) Manufactured in Two or More Stages*. If the truck meets the definition of 'incomplete vehicle', then the 'incomplete vehicle manufacturer' is required to furnish the specified compliance information necessary for certification to the 'intermediate stage manufacturer' or the 'final stage manufacturer' as the case may be (sec. 568.3).; >>>'2) When a truck chassis is built by a dealer and legally classifie as 'new manufacturing' what federal regulations must be complied with that do not apply when the vehicle is considered rebuilt?'<<<; As indicated above, the truck must be completed to comply with al safety standards that apply to trucks and be certified by its assembler as so conforming in accordance with Part 567 *Certification*. If more than one party is involved in the remanufacturing process, each party is subject to Part 568. In addition, any party remanufacturing a truck that must be certified as conforming is required to file a statement in the form prescribed by Part 566 *Manufacturer Identification*.; >>>'3) What penalties exist for failing to comply with these Federa regulations?'<<<; As provided by section 109(a) of the act, any person violating an provision of the Act or a regulation issued thereunder is subject to a civil penalty of up to $1000 for each violation, up to $800,000 for any related series of violations. In addition, under Section 110(a) of the Act, the agency may seek to restrain the manufacture, sale, offer for sale, introduction, or delivery for introduction into interstate commerce of any rebuilt truck that should have met Federal motor vehicle safety standards but in fact did not do so. Also, section 154 of the Act requires manufacturers to conduct recall campaigns and remedy any non-compliances with applicable safety standards.; I hope this information is helpful. Sincerely, Jeffrey R. Miller, Chief Counsel

ID: aiam4271

Dear Mr. Burman: This is in reply to your letter of January 9, 1987, asking for a interpretation of 49 CFR 571.108 Motor Vehicle Safety Standard No. 108 *Lamps, Reflective Devices, and Associated Equipment*. Your client wishes to import, market, distribute and sell a 'clear, plastic headlamp cover...for all makes of cars manufactured in or imported to the United States.' The stated safety purpose of the headlamp cover is 'to protect the glass headlamps on automobiles from breaking.'; three methods of distribution are contemplated: direct sale by you client, sale through auto parts distribution centers, and sale as optional but uninstalled equipment at the time of the vehicle's original sale (the cover in its wrapping would be in the vehicle trunk). You state that the headlamp cover is not intended to be installed by your client, or its distributors and dealers, but will be accompanied by instructions so that the vehicle owner may install it. Warnings will be provided 'about minimum Federal photometric requirements'. You wish to know whether the headlamp cover is subject to Standard No. 108 or any other Federal regulation and, if so, the effect and impact of such regulation.; A plastic headlamp cover is 'motor vehicle equipment', defined i pertinent part by Section 102(4) of the National Traffic and Motor Vehicle Safety Act (15 USC 1391(4)) as 'any...accessory, or addition to the motor vehicle....' Its importer is a 'manufacturer', defined in pertinent part by Section 102(5) of the Act as 'any person importing...motor vehicle equipment for resale'. As a manufacturer of motor vehicle equipment your client has the responsibility imposed by Section 151 *et seq* of the Act to notify and remedy in the event that either it or this agency determines that a safety related defect exists in the product, or that it fails to comply with all applicable Federal motor vehicle safety standards. You have already noted that headlamp covers are not 'a regulated safety device' under Standard No. 108. A 'defect' under Section 102(11) includes ' any defect in performance, construction, components, or materials'. Under the best of circumstances a plastic cover when new will reduce light output of a headlamp beneath its designer's intent, whether or not the output falls below the floor established by Standard No. 108 as a *minimum* for headlamp performance. In service, a plastic headlamp cover may contain condensation under certain climatic conditions, or grow increasingly opaque through exposure to ultraviolet rays or other atmospheric components, either of which would further affect the design performance of the headlamp. A conclusion could be reached that such a cover contained a safety related defect and that its importer should notify all purchasers and remedy according to the Act.; Safety problems associated with headlamp covers led to thei prohibition when the headlamp is in use, initially under SAE J580 for sealed beam headlamps and later by its incorporation into Standard No. 108, for both sealed beam and replaceable bulb headlamps. The specific prohibition of J580 is why passenger cars are not manufactured with original equipment headlamp covers. Under Section 108(a)(1)(A) of the Act, if a dealer sells a noncomplying motor vehicle, he is in violation of the Act, and may be subject to civil penalties for it. These penalties, under Section 109, range up to $1000 for a single violation, with a cumulative total of $800,000 for a related series of violations. If a dealer at time of sale provides the means through which a new car meeting all Federal safety standards may be rendered noncompliant immediately after its delivery, we would regard that as tantamount to his having sold a noncomplying motor vehicle in violation of the Act.; Although there is no Federal prohibition against a vehicle owne installing and using headlamp covers, there may nonetheless be local laws covering the sale and use of this equipment. We offer no views of your client's potential exposure under common law, in such situations as use of a deteriorated cover, or when used with a substandard replacement headlamp, except to note that photometric 'warnings' may serve no defensive purpose. Photometric values at the individual test points are judged under laboratory conditions. Service facilities do not contain equipment by which on-vehicle compliance of the headlamp can be judged, and the eye is a subjective and unreliable source to discriminate between complying and noncomplying levels of light output.; I hope that this answers your questions. Sincerely, Erika Z. Jones, Chief Counsel

ID: aiam4174

Dear Ms. Boriskie: Thank you for your letter of June 2, 1986, asking for approval of device you have invented which is designed to prevent children from inadvertently or intentionally opening the buckle of a safety belt. As you requested, the agency will not disclose the details of your proprietary product. Although we understand your concern that young children should not be able to easily get out of a safety belt, we have significant reservations about your product. I hope the following discussion explains those reservations and the effect of our regulations on your product.; Our agency has the authority to issue safety standards applicable t new motor vehicles and certain items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead the National Traffic and Motor Vehicle Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet our safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects.; Although we do not have any standards that directly apply to you product, we do have several statutory provisions that could affect it. Manufacturers of motor vehicle equipment such as your product are subject to the requirements in sections 151-159 of the Vehicle Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. The agency does not determine the existence of safety defects except in the context of a defect proceeding, and thus is unable to say whether your product might or might not contain such a defect. However, the agency has reservations about your product because of our concern that people be able to easily and quickly operate a safety belt in an emergency. As the agency said last year on the related topic of the force level necessary to operate buckles in child restraints:; >>>The agency's safety concerns over child restraint buckle forc release and size stem from the need for convenient buckling and unbuckling of a child and, in emergencies, to quickly remove the child from the restraint. This latter situation can occur in instances of post-crash fires, immersions, etc. A restraint that is difficult to disengage, due to the need for excessive buckle pressure or difficulty in operating the release mechanism because of a very small release button, can unnecessarily endanger the child in the restraint and the adult attempting to release the child. (50 FR 33722, August 21, 1985).<<<; Your product could significantly increase the difficulty of using th buckle release and thus hinder a person attempting to release the belt in an emergency.; In addition, use of your product can be affected by sectio 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from knowingly tampering with devices or elements of design installed in a vehicle in compliance with the Federal motor vehicle safety standards. One requirement of Standard No. 209, *Seat Belt Assemblies*, is that the pushbutton release for a safety belt must have a minimum area for applying the release force. Installation of your device by a commercial business could be prohibited since it apparently would substantially reduce the minimum area available for applying the release force to the safety belt pushbutton. In addition, Standard No. 302, *Flammability of Interior Materials*, requires new safety belts to meet a flammability resistance requirement. Thus, although Standard No. 302 does not directly apply to aftermarket equipment, commercial businesses could not install your device if it would mean that the safety belt no longer met the flammability resistance requirements of Standard No. 302.; The prohibition of section 108(a)(2(A) (sic) does not apply t individual vehicle owners who may install or remove any items of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, our policy is to encourage vehicle owners not to remove or otherwise tamper with vehicle safety equipment. Installation of your product by any person could be inconsistent with that policy.; I am returning, under separate cover, the samples of your device tha you sent the agency. If you have any further questions, please let me know.; Sincerely, Erika Z. Jones, Chief Counsel