ID: nht90-1.76

TYPE: INTERPRETATION-NHTSA

DATE: 03/19/90

FROM: SHUICHI WATANABE -- GENERAL MANAGER AUTOMOTIVE LIGHTING ENGINEERING CONTROL DEPT. STANLEY ELECTRIC

TO: ERIKA Z. JONES -- CHIEF COUNSEL DEPARTMENT OF TRANSPORTATION NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 05/31/90 FROM STEPHEN P. WOOD -- NHTSA TO SUICHI WATANABE; REDBOOK A35; STANDARD 108

TEXT: We are now developing the following new combination rear lamp which we would like to know whether it is permitted under FMVSS No. 108 or not.

Transformation Lamp

Characteristics: In this new lamp, the color and lighted area varies as shown in the figures below.

i) When tail lamp and/or stop lamp are activated, the whole lens luminous area (1, 2, 3) emits red light. When turn signal lamp is activated, the red light on the turn signal lamp area (1) disappears, and the amber light is emitted. RED RED RED --> AMBER RED RED 1 2 3 1 2 3

ii) In the same manner, when the back up lamp is activated, only the area for the back up lamp (3) changes its color from red to white. RED RED RED --> RED RED WHITE 1 2 3 1 2 3

iii) And when the turn signal lamp and reversing lamp are activated simultaneously, the turn signal lamp and back up lamp area (1 and 3) change their color as follows. RED RED RED --> AMBER RED WHITE 1 2 3 1 2 3

The requirement of photometric and lighted area for each lamp function comply to FMVSS No. 108 and related SAE Standards. As for stop and tail lamp, when 3 lamps (area 1, 2 and 3) are activated, comply to 3 compartment requirement, and when 1 lamp (area 2) is activated, complies to 1 compartment requirement of FMVSS No. 108.

Kindly let us have your advice whether the above new combination rear lamp is allowed or not as soon as possible.

ID: nht90-1.77

TYPE: INTERPRETATION-NHTSA

DATE: 03/20/90

FROM: STEPHEN P. WOOD -- ACTING CHIEF COUNSEL, NHTSA

TO: THOMAS D. TURNER -- MANAGER, ENGINEERING SERVICES, BLUE BIRD BODY COMPANY

TITLE: NONE

ATTACHMT: LETTER DATED 12-1-89 TO STEPHEN P. WOOD, NHTSA, FROM THOMAS D. TURNER, BLUE BIRD BODY CO., ATTACHED; [OCC-4230]

TEXT: This responds to your letter seeking an interpretation of the meaning of the term "front outboard designated seating position," for the purposes of Standards No. 202, Head Restraints (49 CFR @ 571.202) and No. 208, Occupant Crash Protection (49 CFR @ 571 .208). Specifically, you referred to a typical seating arrangement on a small bus your company manufacturers. In this seating arrangement, the driver's seating position is located immediately to the rear of the left side of dashboard. There are no oth er seating positions in the same row as the driver's seat. Instead, a side entrance door and stepwell are to the right of the driver's seat with an unobstructed passage between the driver's seat and the entrance door. To the rear of the driver's seat, there are four rows of passenger seats on each side of the bus, separated by a center aisle that runs the length of the bus. You offered you opinion that the forwardmost passenger seating position on the right side of the bus, which is to the rear of th e driver's seating position and the entrance door and stepwell, is not a front outboard seating position for the purposes of Standard No. 202 and 208. Your understanding is correct.

While NHTSA has never specifically defined "front" seating positions, the agency has used that term to refer to the driver's seating position and all other seating positions in the same transverse or lateral row as the driver's seating position. In the small bus described in your letter, the forwardmost passenger seat on the right side of the bus is not in the same transverse row as the driver's seat; it is to the rear of that row. Therefore, the forwardmost passenger seat on the right side of your bu s would not be a "front" seat for the purposes of Standards No. 202 or 208.

ID: nht90-1.78

TYPE: INTERPRETATION-NHTSA

DATE: 03/20/90

FROM: STEPHEN P. WOOD -- ACTING CHIEF COUNSEL, NHTSA

TO: T. CHIKADA -- MANAGER, AUTOMOTIVE LIGHTING ENGINEERING CONTROL DEPT., STANLEY ELECTRIC CO., LTD.

TITLE: DECORATIVE SUPPLEMENTAL LIGHTING DEVICES NOT SPECIFIED BY STANDARD 108 (MOTORCYCLES)

ATTACHMT: LETTER DATED 2-21-89 TO ERIKA Z. JONES, NHTSA, FROM T. CHIKADA, STANLEY ELECTRIC CO., LTD. ATTACHED; [OCC-3190]

TEXT: This is in reply to your letter with respect to two types of decorative lighting devices intended for installation "on the rear face, and at the top of optional motorcycle rear trunks respectively." I regret the delay in responding.

Type A and Type B would be installed on the same motorcycle. Type A would be installed at the top of the trunk. It consists of an elongated device, illuminated by LEDs when the taillamp is on. Type B is installed on the motorcycle itself. It is a rec tangular device, illuminated by an incandescent bulb, which is mounted on the vertical centerline and is flanked by the tail and stop lamps. The distance between the center of the light sources on the two devices is 290mm. (approximately 11 1/2 inches) . Both devices emit red light, and their maximum intensity is less than the minimum intensity of the taillamp.

You have asked whether it is permitted to equip a motorcycle with the Type A and Type B accessory lamps. If the answer is affirmative, you have asked whether an LED could be used as the light source for Type B. You have also asked whether the maximum i ntensity of each device separately should be less than the minimum intensity of the tail lamp, or whether the combined maximum intensity of both devices should be less than the minimum intensity of the tail lamp.

Paragraph S5.1.3 of Federal Motor Vehicle Safety Standard No. 108 (formerly S4.1.3) permits the installation of these lamps if they do not impair the effectiveness of the lighting equipment required by the

standard. In this instance, the question to be asked is whether the devices, activated with the taillamps, impair the effectiveness of the taillamps, or the stop lamps. The devices are, in effect, supplemental taillamps, and as such, arguably do not ap pear to impair the effectiveness of the taillamps required by the standard no matter what their intensity is.

The diagram of Type B indicates that the stop lamps and taillamps are in the same compartment, presumably incorporating a dual filament bulb. Although the stop lamps when activated are brighter than the taillamps, their proximity to the supplemental dev ices Type A and Type B, each of which are emitting a red light, leads to the possibility that the stop signal would not be as effective as it would be were there no other red lights in the vicinity, and hence impaired within the meaning of S5.1.3. A sto p signal must be instantly perceived so that a following driver may determine appropriate action to take. However, we note that this configuration is similar to other stop/taillamp configurations on many vehicles in use on the highways. This would indic ate that such configurations do not result in impairment. Thus, the answer to your first question is that both Types of devices are permitted under the standard.

Your second question is whether LEDs are acceptable light sources for Type B. Since there is no restriction on light sources for a lighting device not required by Standard No. 108, you may use the LEDs as light sources.

Your third question is whether the maximum intensity of Type A and Type B, separately, should be less than the minimum intensity of the taillamp. Even though Type A and Type B are optional devices, in the configuration depicted where Type B is immediate ly flanked on both sides by a taillamp, the appearance of the three lamps would be that of a multicompartment lamp, even though they may actually be separate. To help assure that impairment of either the taillamp or stop lamp does not occur, the intensi ty of Type B should be identical with that of the taillamps. Otherwise, observers may assume that Type B (which you intend to have an intensity less than a taillamp) is actually the taillamp, and the actual taillamps (which you intend to have an intensi ty greater than Type B) might appear to be stop lamps that are continually on. This would be deemed impairment since there would be three intensity levels, increasing the possibility of confusion of the intent of the lamps.

As for Type A, its vertical separation decreases the possibility for confusion. If the light sources are LEDs, the color would be a different shade of red that the stop and taillamps. Thus, the intensity is less important. However, it functions as an a uxiliary taillamp and should be within the same intensity range as the original equipment taillamps. Finally, you asked whether the combined maximum intensity of both devices would be less than the minimum intensity of the taillamps. Again, this

would create three levels of intensity, and could cause confusion in understanding the intent of the lamps. As noted above, the individual intensities should be similar to the intensity of the taillamps.

I hope that this answers your questions.

ID: nht90-1.79

TYPE: INTERPRETATION-NHTSA

DATE: 03/20/90

FROM: STEPHEN P. WOOD ACTING CHIEF COUNSEL, NHTSA

TO: CADWALLADER JONES PRESIDENT JONES FORD INC.

TITLE: NONE

ATTACHMT: LETTER DATED 8-31-89 TO NHTSA FROM CADWALLADER JONES, JONES FORD INC., ATTACHED; [OCC 3936]

TEXT: This is in response to your letter to NHTSA in which you asked questions concerning the circumstances in which Ford vans with more than ten designated seating positions would be considered school buses for purposes of the Federal Motor Vehicle Safety Sta ndards (FMVSS). I apologize for the delay in this response.

Your letter asked whether the vans that you describe would be considered school buses if used to transport adult education students, college students, high school students (including athletic teams), playground teams with no connection to schools, day ca re center clients, or children transported by churches that do not have day schools, but occasionally transport children.

The starting point for the agency's analysis of when vehicles used in these circumstances would be required to comply with FMVSS requirements applicable to school buses is Section 102(14) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 13 91(14)). That provision defines "Schoolbus" as a "passenger motor vehicle which is designed to carry more than 10 passengers in addition to the driver, and which the Secretary determines is likely to be significantly used for the purpose of transporting primary, preprimary, or secondary school students to or from such schools or events related to such schools."

When interpreting this provision, the agency has always looked to the nature of the particular institution purchasing the buses. If its central purpose is the education of primary, preprimary or secondary students, the agency has determined that the bus es purchased must comply with the FMVSS requirements for school buses. If the institution is concerned primarily with the education of post-secondary students, or serves a function that is custodial rather than educational, NHTSA has said that the buses need not comply with the school bus requirements.

The agency has already explained the application of this provision to several of the circumstances raised in your letter. On July 12, 1977, in

a letter to Mr. Jim Thomason, the agency said that buses used to transport adults and other post-high school students to vocational training need not comply with the FMVSS school bus requirements because these passengers do not fall in the categories of "primary, preprimary or secondary students." However, that interpretation also noted that a bus used by a vocational school connected with a secondary school would fall within the scope of the school bus requirements.

The agency has also determined, in a March 17, 1976 letter to Mr. W.G. Milby (and reaffirmed several times since then), that buses used to transport college students need not comply with the standards for school buses. The same letter also includes our opinion that a bus used to transport school athletic teams to activities falls within the scope of the definition of school bus, and must comply with the applicable FMVSS.

A May 10, 1982 interpretation letter to Mr. Martin Chauvin determined that Vehicles used to transport children to day care centers need not comply with the school bus standards. The rationale for this decision is based on the fact that these facilities serve an essentially custodial function, although they may have some educational components, and are not considered to be schools.

Your letter also asks about transportation of children by churches which do not operate day schools. In a November 20, 1978 letter to Mr. J. Perry Robinson, this office determined that the term "school" does not include church schools such as Sunday sch ools, or those providing other religious training. As noted in that letter, however, a normal preprimary, primary or secondary school operated under the auspices of a church would be required to comply with the the school bus requirements.

Finally, your letter asks whether vehicles used to transport "playground teams" with no connection to a school would be required to comply with the school bus requirements. The agency has not addressed this question in any past interpretations. However , it is my opinion that a bus used to transport "playground teams" that are organized independently of any school of educational organization would not be required to comply with the school bus standards. The term "school" cannot be construed to include athletic teams not connected with any school or educational organization.

I hope you have found this information helpful. If you have any further questions, please contact David Greenburg of this office at (202) 366-2992.

ID: nht90-1.8

TYPE: Interpretation-NHTSA

DATE: January 8, 1990

FROM: Ron Marion -- Sales Engineer, Thomas Built Buses, Inc.

TO: Cal Karl -- Commercial Vehicle Section

TITLE: None

ATTACHMT: Attached to memo dated 11-28-8? from C. Karl to All School Bus LCR II's; Also attached to letter dated 11-27-90 from P.J. Rice to C. Karl (A36; Std. 217); Also attached to letter dated 12-7-82 from F. Berndt to M.B. Mathieson; Also attached to letter dated 1-29-90 from C. Karl to M. Shaw (OCC 4403); Also attached to letter dated 1-18-90 from R. E. Meadows

TEXT:

This letter is in response to the Department of Public Safety memo recently printed in the January MSBOA newsletter.

As a bus body manufacturer we offer "Vandalocks" on both the emergency door(s) and service door of our products.

The service door Vandalock is a key activated handle located on the front of the vehicle. When the service door is closed the safety catch holds the door closed. The door cannot be opened from outside the vehicle. The front Vandalock allows the door t o be opened from outside by the use of a cam which releases the safety catch. Please note - the standard entrance door without a Vandalock cannot be opened from outside if the safety catch is engaged.

This front Vandalock is not connected to the ignition interlock for several reasons:

1. Federal standards only require the emergency doors (as listed in S5.2.3.1.) to be equipped with the interlock.

2. The door is only locked from the outside; not from the inside. Anyone can get out the door from the inside even if the Vandalock is in the locked position.

For this reasoning we feel we comply with Rule 3520.5010 subparagraph 2 for the front door because we are in compliance with FMVSS 217.

The Thomas Vandalock for emergency doors utilizes a "slide bolt" lock located on the inside of the door which is connected to an ignition interlock. The bus may not be started with the door "locked". The door may be locked once the bus is started; howe ver, a continuous buzzer will sound if the door is locked while the bus is running, thereby notifying the driver of a problem. This slide bolt type lock is equipped with a spring which requires a positive force to engage. This feature will not allow th e lock to become engaged by vibration or during rollover.

Thomas Built Buses has been using this type of Vandalock for at least 15 years (if not longer) without any problems. We feel we are in compliance

with the FMVSS 217 for the following reasons:

S5.2.3.2. "The engine starting System of a school bus shall not operate if any emergency exit is locked from either inside or outside the bus."

Our Vandalock has the ignition interlock and locks the door from inside the bus.

For purposes of this requirement "locked" means that the release mechanism cannot be activated by a person at the door without a special device such as a key or special information such as a combination."

It has been our interpretation that the words "such as" indicate an example, a key is not required but a "special device" or a combination is not required, but "special information."

As I have interpreted this article in the newsletter, the State of Minnesota will require buses with Vandalocks to only be locked from the outside and/or inside with a key or combination. At this time I am not aware of a Vandalock on emergency doors whi ch meets these requirements.

Vandalocks, as you are aware, are not necessary for the safe operation of school buses. They are provided at the customer's request to deter vandalism when the vehicles are parked.

There probably are numerous school buses in Minnesota which are equipped with Vandalocks which do not meet the 7/1/89 regulations which are now going to be required to be removed at the customer's expense.

We at Thomas Built Buses would like for you to reconsider the 7/1/89 regulation to allow our present Vandalock system to be acceptable.

Should you have any questions, please do not hesitate to contact me.

ID: nht90-1.80

TYPE: INTERPRETATION-NHTSA

DATE: 03/20/90

FROM: STEPHEN P. WOOD -- ACTING COUNSEL, NHTSA

TO: R.M. COOPER -- V.P, ENGINEERING, GILL G CORPORATION

TITLE: NONE

TEXT: This response to your letter asking this agency to consider a problem your company faces with respect to Standard 217, Bus Window Retention and Release (49 CFR @ 571.217). More specifically, you asked how some of your buses could be certified as complyi ng with the emergency exit labeling requirements set forth in Standard 217 for buses other than school buses. I apologize for the delay in this response.

Paragraph S5.5.1 of Standard 217 provides that, in buses other than school buses, each push-out window or other emergency exit shall have the designation "Emergency Exit" followed by concise operating instructions, describing each motion necessary to unl atch and open the exit, located within 6 inches of the release mechanism. The purpose of this requirement is to identify for bus occupants the location and explain the use of specially-installed emergency exits. As I understand your letter, you have no difficulties providing appropriate instructions in the specified location.

Paragraph S5.5.1 continues with the following language:

When a release mechanism is not located within an occupant space of an adjacent seat, a label . . . that indicates the location of the nearest release mechanism shall be placed within the occupant space.

The terms "adjacent seat" and "occupant space" are defined in S4 of Standard 217 as follows:

"Adjacent seat" means a designated seating position located so that some portion of its occupant space is not more than 10 inches from an emergency exit, for a distance of at least 15 inches measured horizontally and parallel to the exit.

"Occupant space" means the space directly above the seat and footwell, bounded vertically by the ceiling and horizontally by the

normally positioned seat back and the nearest obstruction of occupant motion in the direction the seat faces.

You stated that many of your buses have seats that face the aisle and that back up against windows designated as emergency exits. These aisle-facing seats are "adjacent seats" with respect to the emergency exits. The release mechanism for the emergency exit is not within the "occupant space" for these aisle-facing seats, since the release mechanisms are behind, not above, these seats. You enclosed a group of photographs to further illustrate this situation.

Since the release mechanism for the emergency exit is not within the occupant space of these adjacent aisle-facing seats, paragraph S5.5.1 of Standard 217 requires a label indicating the location of the release mechanism for the emergency exit to be plac ed within the occupant space for these seats. You have noted that the occupant space for these seats does not include any place to which this label could be attached. The nearest obstruction of occupant motion in the direction the aisle-facing seats fa ce is the aisle facing seat on the opposite side of the bus. There are no intervening objects other than narrow vertical stanchions in the center of the aisle. Additionally, you suggested that placing the label on the floor or ceiling of the bus would not serve the purposes of this requirement, since those locations would not be readily visible to the seated occupant in an emergency situation.

In response to your letter, we have carefully considered the labeling requirements of S5.5.1 as they apply to aisle-facing seats in front of windows that serve as emergency exits. The final rule adopting this additional labeling requirement explained th at NHTSA was concerned that an occupant of an adjacent seat might hinder egress through an emergency exit if the occupant did not know how to use the emergency exit. See 37 FR 9394, at 9395; May 10, 1972. In instances in which the release mechanism its elf is not within the occupant space of an adjacent seat, a label within the occupant space directing the occupant of the seat to the emergency exit instructions will help reduce the likelihood that the occupants would inadvertently obstruct egress throu gh the emergency exits.

NHTSA's goal of minimizing the likelihood of inadvertent obstruction of emergency exits is equally applicable to forward-facing and aisle-facing seats. However, the means of achieving that goal (i.e., placing a label within the occupant space of an adjac ent seat, if the release mechanism is not within that occupant space) may not be equally successful for forward-facing and aisle-facing seats. The agency did not focus upon aisle-facing seats when it adopted this labeling requirement. With respect to f orward-facing seats, it is relatively simple to locate a label within the occupant space that will be readily visible both to seated occupants and to persons standing in the aisle, as required by S5.5.2. However, with respect to aisle-facing seats, ther e may not be any location within the occupant space of such seats where a label could be placed so that the label would be visible to occupants of the seat and to persons standing in the aisle. If the labels were not visible in an emergency, such labels would not further NHTSA's goal of minimizing inadvertent obstruction of emergency exits.

Accordingly, we plan to issue a notice proposing to amend and clarify the requirements of S5.5.1 of Standard 217 as they apply to aisle-facing seats. Please note that, unless and until a final rule amending S5.5.1 of Standard 217 becomes effective, the c urrent requirements of S5.5.1 remain in effect for aisle-facing seats. However, the agency believes that it would be inappropriate at this time to enforce the requirement in S5.5.1 that additional information be labeled within the occupant space of aisl e-facing seats given the uncertainty that such labels will serve the purpose for which the labeling requirements were established, as noted above. Accordingly, until the agency makes a final decision on the proposed rulemaking mentioned above, NHTSA wil l not take any enforcement actions against bus manufacturers that do not place a label indicating the location of the nearest emergency exit release mechanism within the occupant space of adjacent aisle-facing seats.

ID: nht90-1.81

TYPE: INTERPRETATION-NHTSA

DATE: 03/22/90

FROM: STEPHEN P. WOOD -- ACTING CHIEF COUNSEL, NHTSA

TO: KENT D. SMITH

TITLE: NONE

ATTACHMT: LETTER DATED 1-26-90 TO OFFICE OF CHIEF COUNCIL, NHTSA, FROM KENT D. SMITH, ATTACHED; [OCC-4387]

TEXT: This is in reply to your letter of January 26, 1990, to the agency with respect to a safety lighting device. You have asked for our recommendations regarding this invention.

The problem addressed by your invention is "that vehicles need some way of signaling following drivers if the headlamps of their vehicles are blinding you." Your solution is to install a button that activates the backup lamps and extinguishes them in a m atter of a second or less. One alternative would be to operate only a single backup lamp, and another, to activate only the license plate lamp. This would provide a warning to the following driver.

The agency is concerned with glare, but its investigation of the phenomenon indicates that there are two types: discomfort glare, and disabling glare. Although it is certainly an annoyance, the glare produced by a headlamp shining into a rear view mirror is discomfort glare. In our judgment, a vehicle driver looking into the mirror will not suffer disabling glare so that he is unable to discern vehicles approaching, or pedestrians in the roadway; most vehicles are equipped with manual "day/night" mirro rs which may be easily operated in the event of discomfort. Equipment manufacturers have already addressed the problem by providing rear-view mirrors that have a photoelectric cell that dips them when a certain level of light intensity is reached. In s ummary, the agency does not believe that there is a nationwide safety problem requiring it to mandate the use of your device on motor vehicles as new vehicle equipment.

As an aftermarket item which a dealer could offer a new-car purchaser, its installation would be subject to the general prohibition in Federal Motor Vehicle Safety Standard No. 108 that supplemental lighting devices shall not impair the effectiveness of the lighting equipment that Standard No. 108 requires. The question to be answered, therefore, is whether the device would impair the effectiveness of the backup lamps, or other rear lighting devices. The problem here is the necessity of rear lighting d evices to provide clear and unambiguous signals and

messages to following drivers. Anytime a lighting device does not provide a cue to which a following driver is accustomed, the potential for confusion arises. The driving public is unfamiliar with the sudden, though temporary, activation of the backup l amp, at normal driving speeds, or a modification in intensity of the license plate lamp. Without a substantial nationwide public education campaign, the signal imparted by your device is not likely to be understood by a following driver, and might distr act him from the signals of the other rear lighting devices. In this sense, we believe that your device might impair the effectiveness of the lighting equipment that Standard No. 108 does allow.

You have also noted the State prohibitions against use of backup lamps when the car is going in a forward direction. Even if the agency concluded that the device was permissible and would not cause impairment, the States are not precluded from enacting and enforcing their own standards on the use of lighting systems.

You may be interested to know that two letters to the Editor of The New York Times have appeared on this issue in the last month which suggest the use of existing lighting equipment to signal following drivers that their upper beams are on. I enclose th ese letters for your consideration.

I am sorry that we cannot be more encouraging in our remarks, but we do appreciate your interest in motor vehicle safety.

Enclosure

When the Driver Behind Is Blinding You

To the Editor:

Until we see the idea of a liquid crystal rear-view mirror, now in one Japanese luxury car, extended to side-view mirrors, as you propose in "Don't Stop There" (editorial, Jan. 18), there is a less than widely known way to dim the discomfort and dange r of bright headlights behind you.

While learning to drive in the Catskill Mountains around Monticello, N.Y., I discovered how to let the driver behind know that his or her brights are ripping out your retinas from the rear. As opposed to the signal for an oncoming driver (turning on your own brights, which is hard for an approaching motorist to miss, but useless for someone who can only see your tail lights), you deal with brights from behind by turning your lights completely off, then back on again.

Presumably, this demonstrates to the driver behind you, for a moment, that he or she is supplying enough light for both of you.

But there's a Catch-22. Drivers who know this signal are typically more experienced and rarely leave their brights on near other vehicles. The most frequent offenders are invariably ignorant of the signal.

As more drivers learn the meaning of the off-and-on signal, fewer of us, we may hope, will be blinded by the light from behind. TOM COBIN

Bayside, Queens, Jan. 18, 1990

Explaining Lights to the Driver Behind

To the Editor:

In "When the Driver Behind Is Blinding You" (letter, Feb. 3), Tom Cobin suggests turning your car headlights off and on several times to signal the driver behind that his or her bright lights are on.

But this can be dangerous. One's hands should be on the wheel when driving in traffic and not playing with the light switch. Also, driving for even a fraction of a second into an unlighted road is scary.

A safer method is to touch the brake pedal barely a time or two, to flash an alert, it is to be hoped, to the car behind that the lights are creating a problem.

The safest action is to slow down slightly and to let the offender pass, if the traffic permits. Then, a flash or two of your high beams in his or her rear view mirror might penetrate the skull of this particular thoughtless or careless driver, who i s but one representative of that large percentage at the wheel who should not be driving at all.

C. LINCOLN CHRISTENSEN Hurley, N.Y., Feb. 3, 1990

The writer is a longtime member of the Society of Automotive Engineers.

ID: nht90-1.82

TYPE: INTERPRETATION-NHTSA

DATE: 03/22/90

FROM: STEPHEN P. WOOD -- ACTING CHIEF COUNSEL, NHTSA

TO: LOWELL W. SUNDSTROM

TITLE: NONE

ATTACHMT: LETTER DATED 12-9-89 TO OFC. OF CHIEF COUNSEL, NHTSA, FROM LOWELL W. SUNDSTROM ATTACHED; [OCC 4251]

TEXT: This is in response to your letter of December 9, 1989 to this office, asking us to confirm your opinion that Standard No. 302, Flammability of Interior Materials (49 CFR @ 571.302) does not apply to the "HOOD LOCKER" product you describe in your letter. You state that this product will be a plastic box to hold tissues which consumers may use to wipe off the engine crankcase dipstick when checking the crankcase oil. According to your letter, the product can be mounted near or on the vehicle fender wel l, on the under side of the hood, on the side or top of the air cleaner, or in another location near the dipstick. You believe that Standard No. 302 does not refer to the product because it will not be placed within the occupant compartment of motor vehi cles and will not be placed within one-half inch of any occupant's air space. I am pleased to have this opportunity to explain our law and regulations for you.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has no authority to certify or approve motor vehicles or motor vehicle equipment for compliance with the Federal Motor Vehicle Safety Standards. Instead, the Na tional Traffic and Motor Vehicle Safety Act (the Safety Act; 15 U.S.C. 1381 et seq.) establishes a "self-certification" process under which each manufacturer is responsible for certifying that every one of its products complies with all applicable safety standards. This agency periodically tests vehicles and items of motor vehicle equipment for compliance with the safety standards, and also investigates other alleged defects related to motor vehicle safety.

The Safety Act also gives this agency authority to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 302. That standard sets forth flammability r esistance requirements applicable to all new motor vehicles. Therefore, any motor vehicle manufacturer that installs your "HOOD LOCKER" as original equipment in its vehicles must certify that the vehicle meets all applicable safety

standards, including Standard No. 302, with the "HOOD LOCKER" installed. However, Standard No. 302 does not apply to aftermarket items of motor vehicle equipmen, as your "HOOD LOCKER" appears to be. Hence, you are not required to certify that this produ ct complies with Standard No. 302 before offering it for sale. Parenthetically, I note that your observation is correct that Standard No. 302 applies only to materials used in the occupant compartment of motor vehicles, and not to materials used in an e ngine compartment that is separated from the occupant compartment.

However, there are other statutory requirements that may affect this product. First, manufacturers of motor vehicle equipment such as this "HOOD LOCKER" are subject to the requirements in sections 151-159 of the Safety Act (15 U.S.C. 1411-1419) concernin g the recall and remedy of products with defects related to motor vehicle safety. If either the equipment manufacturer or this agency were to determine that the "HOOD LOCKER" contained such a defect, the manufacturer would have to notify purchasers of t he defect and remedy the problem free of charge to the purchasers.

Second, use of this product could be affected by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits manufacturers, distributors, dealers, or repair shops from knowingly "rendering inoperative" devices or elements of design that were installed in a motor vehicle to comply with the Federal motor vehicle safety standards. To avoid a "rendering inoperative" violation, the above-named parties should examine the proposed installation instructions for the "HOOD LOCKER" a nd compare those instructions with the requirements of our safety standards, to determine if installing the "HOOD LOCKER" in accordance with those instructions would result in the vehicle no longer complying with the requirements of the safety standards. The most relevant safety standards would seem to be Standards No. 113, Hood Latch System, and 302. If the installation of the "HOOD LOCKER" would not result in a rendering inoperative of the vehicle's compliance with the safety standards, the "HOOD LO CKER" can be installed by dealers, distributors, and repair shops without violating any Federal requirements.

I trust that we have been responsive to your questions. For your information, I am enclosing an information sheet for new manufacturers of motor vehicles and motor vehicle equipment and information on how to obtain copies of motor vehicle safety standar ds. Please feel free to contact us if you have any further questions.

ENC.

ID: nht90-1.83

TYPE: INTERPRETATION-NHTSA

DATE: 03/23/90

FROM: STEPHEN P. WOOD -- ACTING CHIEF COUNSEL, NHTSA

TO: TILMAN SPINGLER -- ROBERT BOSCH GMBH

TITLE: NONE

ATTACHMT: LETTER DATED 2-13-90 TO TAYLOR FROM RICH VAN IDERSTINE, NHTSA, ATTACHED [43880]; ALSO ATTACHED TELEFAX TO RICHARD VAN IDERSTINE, NHTSA, FROM T. SPINGLER, ROBERT BOSCH GMBH, DATED 1-30-90.

TEXT: This is in reply to your FAX to Richard Van Iderstine of this agency, asking for an interpretation of Federal Motor Vehicle Safety Standard No. 108.

Your first question is:

1) To turn the adjusting screws of a HB-2 headlamp it will be necessary to remove two snap on covers without the use of any tool. Will this be legal?

Section S7.7.2 requires a headlamp to be installed with a mounting and aiming mechanism that allows aim inspection and adjustment, "and is accessible for those uses without removal of any vehicle parts, except for protective covers removable without the use of tools." The section is not directed to the number of covers, only the ease of removal for the specified purposes. Therefore, the use of two snap on covers is not prohibited by Standard No. 108.

Your second question is:

2) A combination of HB2-headlight (low + high beam) and auxiliary driving beam in one unit shall be equipped with only vertical adjusting screws for the driving beam. The beam pattern will be so wide that even bulbs with extreme tolerances will allow to meet all photometric requirements without horizontal adjustment. Will this be legal?

Under section S7.7.2, the aiming mechanism of a headlamp must allow for adjustment of both horizontal and vertical aim. Thus, the portion of the lamp that provides the lower and upper beam must have both horizontal and vertical aiming screws, and the he adlamp would not comply with S7.7.2 if either aiming screw is lacking. For that part of the same headlamp that is a driving beam and which is therefore not regulated by Standard No. 108, the manufacturer may provide any means of adjustment it wishes, as long as it does not impair the effectiveness of the aim of the upper and lower headlamp beam.

Your final question is:

3) When will the 9007 bulb be legal? Date of final rule?

According to the plans of this agency, further action on the 9007 (proposed to be known as HB5) is expected in May 1990.

I hope that this responds to your questions.

ID: nht90-1.84

TYPE: Interpretation-NHTSA

DATE: March 23, 1990

FROM: Anthony H. Brett -- Womble Carlyle Sandridge & Rice

TO: Malcolm B. Mathieson -- Vice President - Engineering, Thomas Built Buses, Inc.

TITLE: Re Letter of August 8, 1989, from the Director of the Office of Motor Carrier Standards to the Executive Director of the National School Transportation Association

ATTACHMT: Attached to letter dated 12-3-90 from P.J. Rice from M.B. Mathieson (A36; Std. 217); Also attached to letter dated 3-26-90 from M.B. Mathieson to E.Z. Jones (OCC 4598); Also attached to letter dated 3-30-90 from M.B. Mathieson to M.F. Trentacos te; Also attached to letter dated 8-8-89 from M.F. Trentacoste to K. Finkel; Also attached to letter dated 9-29-77 from J.J. Levin, Jr. to M.B. Mathieson; Also attached to letter dated 7-5-84 from F. Berndt to R. Marion

TEXT:

This correspondence is in response to your letter of March 20, 1990, to Rod Ligon in our office. As I told you in our telephone conversation yesterday, you have correctly noted the error in the Federal Highway Administration's position concerning emerge ncy exits on school buses.

The letter to Ms. Finkel does not take into account the amendments which occurred in Standard 217 (49 C.F.R. S 571.217) to specifically address the emergency exit requirements of school buses. As you correctly noted in your letter, the predecessor of th e current Standard 217 did not distinguish between school and non-school buses. The application of the old standard to both categories of buses was problematic.

The revision of the standard established two separate categories of buses governed by different emergency exit requirements. Your responsibility as a manufacturer of school buses is to comply with the specific standard for school buses provided in S 5.2 .3.1.

Mr. Trentacoste's letter fails to take into account the revisions in Standard 217, which were adopted to address this very problem. If you have any questions, feel free to contact me at your convenience.