ID: aiam3312

Dear Mr. Packard: This is in response to your letter of May 28, 1980, in which yo requested approval to use Indiana's Certificate of Title as a substitute for the Federal Odometer disclosure form required by 49 CFR Part 580.; Because the Federal odometer requirements that became effective as o January 1, 1978, contain a good deal of wish to include odometer information on their titles to use a shortened form that was adopted by the American Association of Motor Vehicle Administrators (AAMVA). We consider the AAMVA form to include the minimum amount of information necessary for an adequate disclosure. In addition to the information included on the Certificate of Title which you submitted to our office, the following information is also required:; >>>(1) a reference to State or Federal law, (2) a statement that the odometer reading reflects the amount o mileage over 99,999 miles,; (3) a statement that the odometer mileage is not actual, (4) the signature of the buyer.<<< Without these four items the title cannot be used in lieu of a separat Federal form. If this information is included, the National Highway Traffic Safety Administration will approve the title for use in lieu of the Federal form.; Sincerely, Frank Berndt, Chief Counsel

ID: 2796o

Mr. Scott A. Snyder
117 South Keesey Street
York, PA 17402

Dear Mr. Snyder:

This is in reply to your letter of March l0, l988, to the Department's regional office in Philadelphia, asking for a response concerning "ornamental lighting." In your opinion "a few extra lights on the side and rear of a vehicle would help other people see you better while driving at night."

The agency is interested in the role that vehicle conspicuity plays in accidents and accident avoidance. With reference to motorcycles, we have amended our motor vehicle lighting standard to prescribe performance characteristics for headlamp modulation. We were prepared to amend the standard to require the activation of motorcycle headlamps when the ignition was turned on (but did not do so when we learned that almost all motorcycles were being wired to operate in that fashion). Some time ago we asked the public to comment on ways of increasing the conspicuity of large vehicles as our research had indicated that reflective tape applied to the side and rear of wide trucks and trailers might lessen crashes and crash severity, and our research still continues in this area. Most importantly we adopted the center highmounted stop lamp for passenger cars because of the ability it demonstrated in test fleets to reduce the frequency of rear end impacts.

The type of lights of which you speak are referred to as "presence" lamps (as contrasted with "signal" lamps), and the agency over the years has acted with respect to all motor vehicles by requiring them to be equipped with side marker lamps, and by increasing the lens area for stop lamps. As the Federal safety standards are by statutory definition "minimum" safety standards, the requirement that there be two taillamps, for example, does not mean that a manufacturer may not add two more if it wishes, or any lighting device not covered by the standard. The sole restriction is that lighting devices added by the manufacturer or dealer that are in excess of the minimum must not impair the effectiveness of the equipment required by the standard. This could happen, for example, if a fog lamp (not covered by the standard) was of an intensity and located so that it masked an adjacent front turn signal. With respect to nighttime operation, the critical issue would appear to be that additional lighting devices not create glare to oncoming and following drivers.

The owner of the vehicle is not under a similar Federal restriction, and may personally add such additional lighting devices as seems desirable, subject to the laws of the States where the vehicle is registered and/or driven. However, the owner may not have these devices installed by a motor vehicle dealer or repair business if the result is to render wholly or partially inoperative any of the vehicle's original lamps or reflectors.

We appreciate your suggestion for improving motor vehicle safety.

Sincerely,

Erika Z. Jones Chief Counsel

ref:l08 d:8/ll/88

ID: 22525.ztv

Mr. Harold Holeman
C5 Creations
2 Renee Lane
Newark, DE 19711





Dear Mr. Holeman:

This is in reply to your email of December 26, 2000, asking for interpretations of Federal Motor Vehicle Safety Standard No. 108, "Lamps, Reflective Devices and Associated Equipment."

Your first question is whether "the standards as set forth in FMVSS 108 require that bumper bras or bumper masks have openings around the running lights, parking lights, turning signals, etc.?"

Standard No. 108 does not regulate bumper bras or masks per se. However, lighting equipment is required under Federal law to comply with all requirements of Standard No. 108 when accessory equipment such as bumper bras are installed by regulated persons, whether the equipment is installed as original equipment or aftermarket equipment. The one exception under Federal law is a bra or mask installed by the vehicle owner; if this creates a noncompliance with Standard No. 108, the owner is responsible under any applicable local laws rather than Federal law.

Your next question is "If the bra material is transparent and does not noticeably diminish the luminescence of the lights is the bra design within code without having cutouts for the lights?" Paragraph S7.8.5 prohibits "any styling ornament or other feature, such as a translucent cover or grille, in front of the lens" when the headlamps are activated. We view a transparent bra as an "other feature" and prohibited by Standard No. 108. Thus, a transparent bra could not be installed by a regulated person (i.e., manufacturer, distributor, dealer, or motor vehicle repair business) without violating Standard No. 108, but could be installed by the vehicle owner, provided that it does not violate local laws.

You then ask "Is there a test that should or can be performed to show that the intensity of the running lights is adequate even when covered by the bumper bra?" The photometric tests for each of the lamps covered by Standard No. 108 are essentially those of the Society of Automotive Engineers, which have been incorporated by reference in Standard No. 108. These are laboratory tests rather than tests conducted on the vehicle itself. They could be conducted with the transparent bra or mask material cut to fit the lens. Any diminution in light output must not result in photometric output falling below the minimum levels specified for test points in any individual standard.

Like you, we are not aware of any transparent bra or mask on the market. In general, we do not favor covering the lens of any lamp with other material. Dirt and grime may accumulate to the point that candela is reduced below the minimum specified in the standard. Further, it may not be easily removable by washing the cover.

Sincerely,

John Womack
Acting Chief Counsel

ref:108
d.4/19/01

ID: nht88-2.97

TYPE: INTERPRETATION-NHTSA

DATE: 08/11/88 EST

FROM: ERIKA Z. JONES -- CHIEF COUNSEL, NHTSA

TO: SCOTT A. SNYDER

TITLE: NONE

ATTACHMT: MEMO DATED 3-10-88 TO NHTSA FROM SCOTT A. SNYDER

TEXT: This is in reply to your letter of March 10, 1988, to the Department's regional office in Philadelphia, asking for a response concerning "ornamental lighting." In your opinion "a few extra lights on the side and rear of a vehicle would help other people see you better while driving at night."

The agency is interested in the role that vehicle conspicuity plays in accidents and accident avoidance. With reference to motorcycles, we have amended our motor vehicle lighting standard to prescribe performance characteristics for headlamp modulation. We were prepared to amend the standard to require the activation of motorcycle headlamps when the ignition was turned on (but did not do so when we learned that almost all motorcycles were being wired to operate in that fashion). Some time ago we aske d the public to comment on ways of increasing the conspicuity of large vehicles as our research had indicated that reflective tape applied to the side and rear of wide trucks and trailers might lessen crashes and crash severity, and our research still co ntinues in this area. Most importantly we adopted the center highmounted stop lamp for passenger cars because of the ability it demonstrated in test fleets to reduce the frequency of rear end impacts.

The type of lights of which you speak are referred to as "presence" lamps (as contrasted with "signal" lamps), and the agency over the years has acted with respect to all motor vehicles by requiring them to be equipped with side marker lamps, and by incr easing the lens area for stop lamps. As the Federal safety standards are by statutory definition "minimum" safety standards, the requirement that there be two taillamps, for example, does not mean that a manufacturer may not add two more if it wishes, o r any lighting device not covered by the standard. The sole restriction is that lighting devices added by the manufacturer or dealer that are in excess of the minimum must not impair the effectiveness of the equipment required by the standard. This cou ld happen, for example, if a fog lamp (not covered by the standard) was of an intensity and located so that it masked an adjacent front turn signal. With respect to nighttime operation, the critical issue would appear to be that additional lighting devi ces not create glare to oncoming and following drivers.

The owner of the vehicle is not under a similar Federal restriction, and may personally add such additional lighting devices as seems desirable, subject to the laws of the States where the vehicle is registered and/or driven. However, the owner may not have these devices installed by a motor vehicle dealer or repair business if the result is to render wholly or partially inoperative any of the vehicle's original lamps or reflectors.

We appreciate your suggestion for improving motor vehicle safety.

ID: nht80-3.15

DATE: 07/07/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: BMW of North America, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of June 9, 1980, asking for an interpretation of Federal Motor Vehicle Safety Standard No. 108 with respect to the spacing required between headlamps and turn signal lamps on motorcycles.

You cited Table IV of Standard No. 108 which requires that the "minimum edge to edge separation distance between [turn signal] lamp and [headlamp] is 4 inches." You also cited paragraph 4.2 of the referenced SAE standard on turn signal lamps, J588e, which mandates that "the optical axis (filament center) of the front turn signal shall be at least 4 inches from the inside diameter of the retaining ring of the headlamp unit providing the lower beam." Finally, you have cited an agency interpretation of November 5, 1979, to Bajaj Auto Limited as support that the provisions of 4.2 prevail, and you asked for confirmation of this opinion.

The Bajaj letter does not provide the support you seek. The interpretation it provides is that the separation distance must be not less than the minimum under all motorcycle operating conditions.

We view Table IV as controlling in this instance as it contains a specific locational requirement for motorcycles. Since that specific requirement is lacking in Table IV for other motor vehicle, paragraph 4.2 of J588e would then apply with respect to separation distance for lamps on passenger cars, trucks, buses, and multipurpose passenger vehicles.

SINCERELY,

BMW OF NORTH AMERICA, INC.

June 9, 1980

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

RE: Request for Interpretation FMVSS 108, Lamps, Reflective Devices, and Associated Equipment

Dear Sir

We request interpretation of the interlamp spacing requirements specified for motorcycles in Table IV of FMVSS 108.

A four-inch spacing is required between turn signal lamps and the edge of the headlamp in front, and between turn signal lamps in the rear. However, while subject table uses the words, "edge to edge", SAE J588e, referenced in Table III, specifies measuring turn signal distance from the filament center.

Acceptance of the filament center of a turn signal lamp as the measuring point is underscored by your letter of November 5, 1979 to Mr. Keshav of Bajaj Auto Limited.

A closely related question concerns the method of measurement, i.e., whether the required four-inch separation dimension is a physical measurement between lamps or a distance between lamp projections. This is questioned because the measurement method is not specified in Table IV, and because S4.3.1.1 of the standard, and section 4.3 of SAE J588e otherwise require unobstructed photometric compliance.

In view of the above, we interpret the standard to mean that the four-inch dimension is a physical measurement to a turn signal's filament.

We would appreciate receiving your interpretation as soon as convenient.

Karl-Heinz Ziwica, Manager Safety & Emission Control Engineering

ID: nht94-3.47

TYPE: INTERPRETATION-NHTSA

DATE: June 28, 1994

FROM: William R. Willen -- Managing Counsel, American Honda Motor Co., Inc.

TO: Administrator -- NHTSA

TITLE: Petition for Honda Electric Vehicles in Accordance with FMVSS @ 555.6(c)

ATTACHMT: Attachment dated 7/25/94: Letter from John Womack to William Willen (Part 555 & 591)

TEXT: This petition is being sought by American Honda Motor Co., Inc., 1919 Torrance Blvd, Torrance, CA, 90501, a California corporation, hereinafter referred to as "Honda." Honda plans to field test no more than twenty (20) electric vehicles ("HONDA-EV") over a three (3) year period, in order to gather field information. These HONDA-EV's will not be sold, however; they will be driven by various drivers, including, but not limited to: electric utilities, media Honda employees, commercial fleet drivers and, po ssibly, consumers. The field test is necessary to obtain "real world" usage patterns as well as overall field experience with electric vehicles. The technical and qualitative feedback from these field tests will enable Honda to develop and market a bet ter electric vehicle.

In accordance with FMVSS @ 555.6(c), the basis for this petition includes: "the development or field evaluation of a low-emission motor vehicle." The HONDA-EV for which Honda seeks an exemption meets all applicable regulations except the following FMVSS standards:

FMVSS Description Impact 103 As described in Attachment 1, a Operator instructions will make limited area on each side of clear the need to wait until the the windshield is only 87.5% clear, front glass is adequately compared to a standard of 95% defrosted prior to vehicle operation. The vehicles will clear, within the specified 40 be minute start period. This is operated mainly in California primarily due to the electrical where the milder weather should consumption requirements. minimize this concern. Additionally, vehicle parking is primarily indoors due to recharging requirements, where defrosting is even less of a concern. While these eight components do 302 PP plastic was used for several not prototype parts in order to meet the standard, all other minimize the tooling costs needed vehicle components do meet the to produce these few vehicles. PP standard, and the overall risk does not meet the fire-retardant of fire is not significantly increased. Additionally, the standard set forth in 302. risk of fuel-fed fire is greatly These components are described reduced in Attachment 2, and include: since there is no on-board gasoline or diesel fuel with Cover, Right Front Door; Cover, which Left Front Door; Console, Front; to contend. Lining, Rear Panel; Lining, Right Side, Lining, Left Side; Lining, Right Cowl Side; Lining, Left Cowl Side

These minor "non-compliances" will have no significant adverse affect on vehicle safety.

By providing this temporary exemption, field testing and evaluation will proceed rapidly. In addition, the full production version of this vehicle, currently scheduled for the 1998 model year, is planned to fully meet all FMVSS requirements, including t he above standards.

Enclosed: Attachment 1 (1 page) Attachment 2 (6 pages)

ID: nht94-8.46

DATE: January 21, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Terry Karas -- T. K. Auto Inc.

TITLE: None

ATTACHMT: Attached to letter dated 11/5/93 from Terry Karas to John Womack

TEXT:

This responds to your FAX of November 5, 1993.

You have asked whether a Canadian car that was accompanied by a Canadian manufacturer's letter stating that the vehicle complies with U.S. safety standards can be imported as a conforming vehicle under Box 2.

Box 2 on the HS-7 importation form is the importer's declaration under 49 CFR 591.5(b) that the motor vehicle to be imported complies with all applicable U.S. Federal motor vehicle safety standards, and bears a certification label or tag to that effect, affixed by the original manufacturer of the vehicle. Because some Canadian vehicles may be virtually identical to those manufactured in the United States, and hence may comply with U.S. safety standards even if not bearing a specific certification to U.S. safety standards, the National Highway Traffic Safety Administration has accepted, in lieu of specific certification to U.S. safety standards, a letter from the Canadian manufacturer stating that the vehicle to be imported was manufactured to comply with the U.S. safety standards.

If a manufacturer's compliance letter accompanies a vehicle manufactured for sale in Canada at the time such vehicle is offered for importation into the United States, the vehicle may be entered under Box 2 as a conforming vehicle, without the intervention of a registered importer or the issuance of a bond. However, the manufacturer's compliance letter must contain the VIN of the specific vehicle that is to be imported, and an unqualified statement that the vehicle, as manufactured, complied with all applicable U.S. Federal motor vehicle safety standards.

Customs will then forward the HS-7 form and manufacturer's letter to this agency. However, if customs wishes us to review the manufacturer's letter, it is the prerogative of Customs to defer entry of the vehicle until it has received our views as to whether entry under Box 2 is appropriate.

You have also asked whether it makes "a difference if it is being imported for commercial or private purposes." Any Canadian vehicle that is accompanied by an acceptable manufacturer's letter of compliance is eligible for entry as a conforming vehicle under Box 2, regardless of whether the intent of importation is the commercial sale of the vehicle, or the retention of the vehicle for private use. However, if the letter is not an acceptable statement of compliance and the importation is for commercial purposes, the vehicle may only be imported under bond by a registered importer who must satisfy NHTSA that the vehicle complies, or has been brought into compliance, with the U.S. safety standards. Even though the registered importer's compliance work may be minimal, it is important to remember that the registered importer is also the person

responsible by statute for implementing notification and remedy campaigns in the event that noncompliances of the original manufacturer or safety related defects are discovered in the Canadian vehicle.

ID: nht93-8.14

DATE: November 16, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Ray Paradis -- Manufacturing Manager, Dakota Mfg. Co., Inc.

TITLE: None

ATTACHMT: Attached to letter dated 8/31/93 from Ray Paradis to Pat Boyd (OCC-9151)

TEXT:

This responds to your letter of August 31, 1993, to Pat Boyd of this agency with respect to the trailer conspicuity requirements of Federal Motor Vehicle Safety Standard No. 108. You have enclosed literature and photos of several of your trailers, and ask for our comments in several areas.

Your first remark is "Deck heights are from 22" to 39 1/2"." We understand this to ask whether these are acceptable heights for mounting conspicuity treatments. Standard No. 108 was amended on October 6, 1993, to specify a mounting range as close to 375 to 1525 mm as practicable, i.e. approximately 15 to 60 inches. Your "deck heights" are within this range.

Your second remark is "(t)he rear design does not allow for continuous tape all models." Standard No. 108 requires a horizontal strip of retroreflective sheeting across the full width of the trailer. Paragraph S5.7.1.3(b) anticipates that the length of the color segments may have to be modified to facilitate using material near rear lamps. In the worst cases of trailers with rear surfaces no wider than the minimum required for lamps, breaks in the rear treatment are unavoidable to clear the lamps. But NHTSA expects the manufacturer to minimize the breaks by using red material adjacent to red lamps.

Your third remark is (t)he side extension model has fold-up sides #2." We understand this to ask whether striping must be applied so as to be visible only when the extension is folded, or whether striping must also be visible when the extension is in use, i.e., whether striping must be applied to both surfaces of the extension so that it is visible regardless of the position of the extension. Although Standard No. 108 does not directly address this question, we believe that motor vehicle safety requires visibility of conspicuity treatment at all times. The standard does require that striping not be obscured by other motor vehicle equipment or trailer cargo, reflecting the agency's intent that striping be visible when the trailer is performing its intended work-related functions. This means that side extension model trailers should be equipped with conspicuity treatment that is visible both when the extensions are folded and unfolded.

Your final remark is "((d)oes the front require any stripe." Under the assumption that you refer to the front side of a trailer and not the front that is hidden behind the towing vehicle, the answer is yes. Standard No. 108, in pertinent part, requires conspicuity treatment to be applied as close to the front of a trailer as practicable. Goosenecks and tongues are part of the trailer front and are portions of a trailer requiring conspicuity treatment if practicable.

I hope that this answers your questions.

ID: nht94-1.22

TYPE: Interpretation-NHTSA

DATE: January 21, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Terry Karas -- T. K. Auto Inc.

TITLE: None

ATTACHMT: Attached to letter dated 11/5/93 from Terry Karas to John Womack

TEXT:

This responds to your FAX of November 5, 1993.

You have asked whether a Canadian car that was accompanied by a Canadian manufacturer's letter stating that the vehicle complies with U.S. safety standards can be imported as a conforming vehicle under Box 2.

Box 2 on the HS-7 importation form is the importer's declaration under 49 CFR 591.5(b) that the motor vehicle to be imported complies with all applicable U.S. Federal motor vehicle safety standards, and bears a certification label or tag to that effect, affixed by the original manufacturer of the vehicle. Because some Canadian vehicles may be virtually identical to those manufactured in the United States, and hence may comply with U.S. safety standards even if not bearing a specific certification to U. S. safety standards, the National Highway Traffic Safety Administration has accepted, in lieu of specific certification to U.S. safety standards, a letter from the Canadian manufacturer stating that the vehicle to be imported was manufactured to comply w ith the U.S. safety standards.

If a manufacturer's compliance letter accompanies a vehicle manufactured for sale in Canada at the time such vehicle is offered for importation into the United States, the vehicle may be entered under Box 2 as a conforming vehicle, without the interventi on of a registered importer or the issuance of a bond. However, the manufacturer's compliance letter must contain the VIN of the specific vehicle that is to be imported, and an unqualified statement that the vehicle, as manufactured, complied with all a pplicable U.S. Federal motor vehicle safety standards.

Customs will then forward the HS-7 form and manufacturer's letter to this agency. However, if customs wishes us to review the manufacturer's letter, it is the prerogative of Customs to defer entry of the vehicle until it has received our views as to whe ther entry under Box 2 is appropriate.

You have also asked whether it makes "a difference if it is being imported for commercial or private purposes." Any Canadian vehicle that is accompanied by an acceptable manufacturer's letter of compliance is eligible for entry as a conforming vehicle u nder Box 2, regardless of whether the intent of importation is the commercial sale of the vehicle, or the retention of the vehicle for private use. However, if the letter is not an acceptable statement of compliance and the importation is for commercial purposes, the vehicle may only be imported under bond by a registered importer who must satisfy NHTSA that the vehicle complies, or has been brought into compliance, with the U.S. safety standards. Even though the registered importer's compliance work may be minimal, it is important to remember that the registered importer is also the person

responsible by statute for implementing notification and remedy campaigns in the event that noncompliances of the original manufacturer or safety related defects are discovered in the Canadian vehicle.

ID: nht75-5.10

DATE: 05/30/75

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Bock & Jones

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of May 2, 1975, inquiring about the existence of regulations governing the manufacture, design, and on-the-road operation of trailers used to transport fertilizer while hitched to a pickup truck.

The National Highway Traffic Safety Administration has the responsibility of promulgating safety standards that set minimum performance requirements for vehicles manufactured and/or sold in the United States. There are five motor vehicle safety standards that apply to trailers. These standards relate to trailer lighting, tires, and braking systems (Standard No. 106-74, Brake Hoses (49 CFR Part 571.106), Standard No. 108, Lamps, Reflective Devices and Associated Equipment (49 CFR Part 571.108), Standard No. 116, Motor Vehicle Brake Fluids (49 CFR Part 571.116), Standard No. 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars (49 CFR Part 571.119), Standard No. 121, Air Brake Systems (49 CFR Part 571.121)).

There is no safety standard that applies to the towing of a trailer. The use of a safety chain to guard against release of the trailer may, however, be mandated by State law.

Yours truly,

ATTACH.

BOCK & JONES -- ATTORNEYS AT LAW

May 2, 1975

CERTIFIED MAIL -- RETURNED RECEIPT REQUESTED #466442

Legal Department -- Department of Transportation

Gentlemen:

I am involved in a lawsuit in which a large fertilizer manufacturer-distributor furnished a four wheel pull-type fertilizer applicator, constructed very similar to a normal trailer, and was used for transporting bulk fertilizer from the distribution point, on the public highways, pulled by a pickup truck, to farms, for fertilizer application.

The trailer hitch was of a standard type which coupled to a hole in the rear bumper of the pickup truck.

For some unknown reason, the clevis pin probably broke, the trailer became uncoupled from the pickup truck, and crossed the centerline of the public highway, killing the driver of the approaching vehicle.

The trailer did not have the standard type of commonly used safety chains, which are also usually attached to the pulling vehicle to avoid accidents if the trailer hitch becomes uncoupled.

Since becoming involved in this litigation, we have determined that this is not uncommon in the area, as apparently these clevis pins through use, jolts, etc., do fracture or break, but fortunately the other accidents in the area were not fatal to other people.

My purpose in writing to your department is to determine:

(1) Whether or not you issue any type of regulations covering the manufacture or design of such trailers?

(2) Whether or not you have any type of regulations that set minimum standards for such trailers or applicators to be pulled or used on public highways?

If your agency should not be involved in such, perhaps you could advise us of another regulatory agency that might have such regulations.

Thanking you for this information, we are

Sincerely yours,

By: Harold D. Jones