ID: 1983-1.36

TYPE: INTERPRETATION-NHTSA

DATE: 04/00/83 EST

FROM: GREAT WEST CASUALTY CO.

TITLE: GW SAFETY TALK

ATTACHMT: DECEMBER 30, 1988 LETTER FROM JONES TO SPRUNK, OCTOBER 8, 1987 LETTER FROM SPRUNK TO JONES, BROCHURES ON TIRE SIPING, 1978 NSC WINTER TEST REPORT, AUGUST 19, 1986 LETTER FROM KEIL TO SPRUNK, ARTICLE FROM AUGUST 1986 ISSUE OF "SCHOOL BUSINESS AFFAIRS," ARTICLE ENTITLED "SLASHING TIRES FOR SAFETY AND SAVINGS" FROM DECEMBER 1984 "NATIONAL SCHOOL BUS REPORT," MARCH 20, 1985 LETTER FROM GIFFORD TO SPRUNK, AND OCTOBER 15, 1982 LETTER FROM PALMER TO MARCY MANUFACTURING

TEXT: LOSS PREVENTION TOOL: In our mailing to fleets, we will include a brochure or pamphlet regarding Siping of Tires. We do not have any statistics or facts concerning the Siping of Tires. However, we insure several carriers who siping every tire in the fleet and they and their drivers are convinced it is a major safety factor that cannot be ignored on rain, snow, or ice slick highways. These carriers talk in terms of better control, better maneuverability, cooler running tires, better mileage, etc.

SIPING OF TIRES. Some time ago, we wrote a short article about siping of tires which improved traction on wet and icy roads, ran cooler, etc. We were surprised at the calls from carriers who didn't know what siping was. I personally talked to 2 carriers and their drivers report substantial traction improvement on wet and slick roads. One carrier was having some difficulty with unusual wear patterns on the tire. They siped them and it corrected the problem. When the carrier and the driver gives validity to the process, then it is worthy of consideration.

SAF-TEE SIPING CALL YOUR FELLOW TRUCKER AND *Improves Traction on Wet and CHECK FOR YOURSELF Icy Roads (22% National Safety Council) *Increases Tire Life 15% to 20% 1. Palmer Trucking - Jim Palmer, (406) 721-5151 2. Unthum Trucking - Keith Reilly, (515) 448-4707 *Decreases Uneven Wear Patterns 3. Holland Trucking - Dennis Holland, (701) 280-2634 50% - 70% (Tread Flexes More) 4. Apple Lines - Dale Coates, (605) 256-6661

ID: 1983-1.37

TYPE: INTERPRETATION-NHTSA

DATE: 04/05/83

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Toyo Tire Corporation

TITLE: FMVSR INTERPRETATION

TEXT:

April 5, 1983 NOA-30

Mr. K. Inoue National Technical Service Manager Toyo Tire Corporation Compton, California 90221

Dear Mr. Inoue:

This responds to your February 16, 1983, letter to Joseph Innes of this agency regarding permissible methods for displaying Uniform Tire Quality Grading (UTQG) information on the sidewall of tires. Your first proposed alternative would delete the treadwear grade number, but not the word "TREADWEAR" itself, from the format established in Option 3 of Figure 1, 49 CFR 575.104. The second proposed alternative would delete both the word "TREADWEAR" and the numerical grade from the format specified in Option 3, Figure 1. Your proposed alternatives would be used only on tires produced in molds manufactured before August 8, 1983.

In the agency's February 7, 1983, notice suspending the treadwear portion of the UTQGS, tires produced in molds manufactured prior to August 8 were required to display UTQG information on tire sidewalls in one of the formats specified in Figure 1 or in Figure 6 of 49 CFR 575.104. Your first proposed alternative is clearly different from each of the permitted formats. The permitted formats require either that the word "TREADWEAR" must appear next to the treadwear grade on the tire, or neither the word nor the numerical grade must appear. Your first alternative could confuse tire purchasers, since the display format could be interpreted as attributing the grade which appears after the word "TRACTION" to both the treadwear and traction performance of the tire. Therefore, your first proposed alternative would not be permitted under 49 CFR 575.104.

Your second proposed alternative is quite similar to one permitted format, Option 3 in Figure 6. The only difference between your second alternative and Option 3 is that the traction information is centered in the format in Option 3, while it is slightly off-center in your alternative. Your second alternative should in no way be misleading to tire purchasers, however. Further, nothing in our regulations specifies precise centering of the traction information.

Any inconsistency between your proposed format and the permitted one is so small that the agency would, as a matter of prosecutorial discretion, make no attempt to enforce the UTQGS format requirement when your second alternative is used.

If you have further questions on this matter, please contact us.

Sincerely,

Frank Berndt Chief Counsel

February 16, 1983

Mr. Joseph Innes Office of Market Incentives National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington, D.C. 20590

Dear Mr. Innes:

Regarding our telephone conversation to you on February 16, this is the official written question. We would appreciate your prompt reply. We have the following questions regarding the amendment of UTQG regulation:

Can we modify the molding grading information on the sidewall of the tire produced in the mold manufactured before August 7, 1983 from Figure 1 the following way?:

1). If we take off the grading number of the treadwear from Figure 1, (PLEASE SEE EXAMPLE) is it acceptable?

**INSERT**

2). If we take off the letters of TREADWEAR and the grading number of the treadwear from Figure 1. (PLEASE SEE EXAMPLE) is it acceptable?

**INSERT**

In case we change the tread compound of the tire as the grading of treadwear is changeable, we need this kind of modification. According to your purpose of the amendment, we think this modification shall be allowed.

Sincerely yours,

K. Inoue National Technical Service Manager

KI/lg

ID: 1983-3.7

TYPE: INTERPRETATION-NHTSA

DATE: 09/15/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Bandag Inc.

TITLE: FMVSR INTERPRETATION

TEXT:

Frank B. Hill, Esq. Patent and Trademark Counsel Bandag, Inc. Bandag Center Muscatine, Iowa 52761

Dear Mr. Hill:

This responds to your recent letter to Mr. Kratzke of my staff, asking about marking requirements applicable to truck tires retreaded for non-highway use. You stated in your letter that the retreaded tires would be mounted only on vehicles used in shipyard areas to move cargo around. I will answer the three questions you raised in the order you presented them.

1. Is it required that a retreader put its DOT identification mark of truck tires when they are retreaded for non-highway use?

It is not possible to give a simple yes or no answer to this question. 49 CFR Part 574, Tire Identification and Recordkeeping, sets forth certain marking requirements which must be met by manufacturers and retreaders of tires, including the requirement in section 574.5 that a DOT identification mark be molded on all new and retreaded tires. However, section 574.1 specifies that the requirements of Part 574 apply only to new and retreaded tires for use on motor vehicles. Hence, the question which must be answered to determine if a retreaded is required to put its DOT identification mark on a retreaded tire is whether the tire is for use on motor vehicles.

"Motor vehicle" is defined at 15 U.S.C. 7391(5) as "any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads and highways, except any vehicle operated exclusively on a rail or rails." If these retreaded tires are for use on forklifts or other types of mobile construction equipment intended and sold primarily for off-road use, the retreader would not be required to mold a DOT identification mark on the tires, because the tires would not be for use on motor vehicles. This is true even if these types of vehicles are incidentally used for highway travel from one job site to another.

If, on the other hand, the vehicles on which the retreaded tires are mounted are conventional on-road trucks simply being used in a shipyard, the retreaders would be required to comply with the requirements of Part 574, because the tires are for use on motor vehicles. The determination of whether the retreaded tires are for use on motor vehicles must be made initially by the retreader, but it would be subject to review by this agency.

2. If a DOT identification mark is not required, is there any other notice that is required on the retreaded trucks tires, retreaded for non-highway use?

If the retreaded truck tires are not subject to the Part 574 marking requirements, because they are not for use on motor vehicles, there are no other marking requirements applicable to retreaded truck tires.

3. If no notice is required and the DOT identification mark is not required, would it be permissible to place a disclaimer notice such as "Not Retreaded for Highway Use" on the retreaded truck tire?

This sort of notice would be permitted, and would be a useful disclosure for the retreader and the user of the tire, to show the intended use of the tire. Such a notice would not affect the retreader's duty to determine whether the tire was retreaded for use on motor vehicles, and mold its DOT identification mark on the sidewall of the tire if it were for use on motor vehicles.

Should you have any further questions or need more information on this subject, please contact Mr. Steve Kratzke at this address or at (202) 426-2992.

Sincerely,

Frank Berndt Chief Counsel

August 4, 1983 FBH:83-583

Mr. Steve Kratzke National Hwy. Traffic Safety Admin. Legal Department Room 5219 400 7th Street, S.W. Washington, DC 20590

Dear Mr. Kratzke:

I would appreciate receiving an opinion from you on the requirements that a retreader would have in reference to retreading truck tires for non-highway use. Specifically, the application of retreaded truck tires being used in shipyards to move cargo in the shipyard area only.

I have three specific questions:

1. Is it required that a retreader put their DOT identification mark on truck tires when they are retreaded for non-highway use?

2. If a DOT identification mark is not required, is there any other notice that is required on the retreaded truck tires, retreaded for non-highway use?

3. If no notice is required and the DOT identification mark is not required, would it be permissible to place a disclaimer notice such as "Not Retreaded for Highway Use" on the retreaded truck tire?

As soon as you have had an opportunity to review this matter, I would appreciate receiving your opinion.

Very truly yours,

Frank B. Hill Patent and Trademark Counsel

FBH:jl

ID: 1983-3.8

TYPE: INTERPRETATION-NHTSA

DATE: 09/22/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Deltana Enterprises Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Philip H. Wong Deltana Enterprises, Inc. 12871 S.W. 117 Street Miami, Florida 33186

Dear Mr. Wong:

This responds to your letter to this office asking for information on regulations applicable to the importation of new tires, retreaded tires, and used tire casings from Japan into this country. It is not clear from your letter whether you are interested in importing passenger car tires or tires for use on other motor vehicles. To ensure that you get the information of concern to you, I will discuss the three situations you asked about for both passenger car tires and tires for use on other motor vehicles.

Generally speaking, all tires which are subject to a Federal motor vehicle safety standard must have the symbol "DOT" molded into the sidewall by the manufacturer or retreader, if those tires are to be imported into the United States. This symbol represents a certification by the manufacturer or retreader that the tire complies with all requirements of the applicable safety standard. The importation of any tire without the DOT certification symbol on the sidewall would be a violation of 15 U.S.C. 1397(a)(1)(A), and the importer would be subject to a civil penalty of $1000 for each tire he imported without a DOT symbol on the sidewall.

New passenger car tires. Section S4.3.1 of Safety Standard No. 109 (49 CFR S571.109) (copy enclosed) requires that all new passenger car tires have the DOT symbol molded into the sidewall by the manufacturer. Tires without this symbol may not legally be imported into this country. New tires for use on motor vehicles other than passenger cars. Section S6.5(a) of Standard No. 119 (49 CFR S571.119) (copy enclosed) requires that all new tires for use on motor vehicles other than passenger cars have the DOT symbol molded into the sidewall by the manufacturer. Tires without this symbol may not legally be imported into this country.

Retreaded passenger car tires. Section S6.1 of Standard No. 117 (49 CFR S571.117) (copy enclosed) requires that all retreaded passenger car tires have the symbol DOT molded into the side-wall by the retreader. Retreaded passenger car tires without this symbol may not legally be imported into this country.

Retreaded tires for use on motor vehicles other than passenger cars. No Federal safety standard is applicable to these tires. They may be imported without certification of compliance by the re- treader. However, these tires must have a tire identification number marked on the sidewall, per the requirements of 49 CFR Part 574 (copy enclosed), if they are to be legally sold in the United States. It would be a violation of 15 U.S.C. 1397(a)(1)(E) to sell tires without an identification number.

Used passenger car tires. 15 U.S.C. 1397(a)(1)(A) reads in part as follows: "No person shall...import into the United States... any item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title unless it is in conformity with such standard..." The effect of this language is to require that passenger car tires manufactured on or after the date Standard No. 109 took effect (January 1, 1968) be certified as complying with that standard, whether the tire is now new or used. To be legally imported into the United States, used passenger car tires must either have a DOT symbol molded into the sidewall by the original manufacturer or be accompanied by proof that they were manufactured before January 1, 1968.

Used tires for use on motor vehicles other than passenger cars. The same reasoning applied above in the case of used passenger car tires applies to these tires as well. Standard No. 119 took effect on March 1, 1975, so used tires to be imported into the United States must either have a DOT symbol on the sidewall or proof that they were manufactured before March 1, 1975.

Used tires for use on motor vehicles other than passenger cars which have less than 2/32 inch of tread remaining and which are imported solely for the purpose of being retreaded in this country prior to resale may be imported without a DOT symbol on the sidewall. I have enclosed a copy of a letter to Mr. Roy Littlefield, which explains in detail the requirements of this narrow exception to the requirement that used tires have a DOT symbol on the sidewall to be legally imported.

You also asked for any other information which your supplier might need to export tires to the United States. I have enclosed a copy of a letter to Mr. Yang Ru-tang, which sets forth the requirement which must be satisfied in order for a foreign manufacturer to export tires to this country.

If you need any further information on this subject, please feel free to contact me.

Sincerely,

Frank Berndt Chief Counsel

Enclosures

JULY 12, 1983

Office of Chief Council 400 7th Street S.W. Washington- D.C 20590

Dear Sirs:

I am requesting information regarding regulations concerning the importation of new, recaps and used tire casings from Japan to the United States for resale and export. Please advise regulations here regards to Safety Standards Nos. 109 and 119 and any other applicable regulation or information which my supplier requires.

Thank you for your cooperation and advice.

Sincerely yours,

Philip H. Wong

ID: 1983-3.9

TYPE: INTERPRETATION-NHTSA

DATE: 09/26/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Flyer Industries Limited -- Moni Marcus, Chief Engineer

TITLE: FMVSS INTERPRETATION

ATTACHMT: 4/5/83 letter from Frank Berndt to Flyer Industries Limited

TEXT:

Moni Marcus, P.Eng. Chief Engineer Flyer Industries Limited 64 Hoka Street Box 245 Transcona P.O. Winnipeg, Manitoba Canada R2C 3T4

Dear Mr. Marcus:

This responds to your letter to Mr. Kratzke of my staff, asking for a clarification of the requirements of Standard No. 217, Bus Window Retention and Release (49 CFR S 571.217). You stated that your company's transit bus models use eight large windows as emergency exits to satisfy the emergency exit requirements of Standard No. 217, and that the entrance and exit doors are not classified as emergency doors. Accordingly, you stated that the entrance and exit doors do not "have to be tested for Standard No. 217 requirements." This is not wholly correct.

Standard No. 217 sets forth two basic requirements. These are (1) window retention requirements, which must be met by all windows in a new bus, except for the windshield, and (2) requirements applicable to emergency exits. As I pointed out in a letter to Mr. Moss, of your staff, the window retention requirements apply to all front door glazing which exceeds 8 inches in diameter, and this agency does test such glazing for compliance with the standard. Hence, while you may be correct in asserting that a door not designated as an emergency door would not be tested for compliance with the emergency exit requirements, you are incorrect if you are asserting that the glazing on such a door would not be tested for compliance with the window retention requirements.

Your letter went on to state that, although your entrance and exit doors are not classified as emergency exits, most local transit authorities have requested you to add a decal instructing people how to open the doors in case of an emergency. You then stated your opinion that the addition of these decals would not change the status of the doors to emergency exits, so the doors would not be required to meet the Standard No. 217 push force requirements applicable to emergency doors. This conclusion is incorrect.

Standard No. 217 specifies minimum criteria for emergency exits which must be met by all new buses, and your letter states that your transit bus models do not need to count the entrance and exit doors on the buses to satisfy these criteria. Thus, absent other factors, those doors would not be required to comply with the portions of the standard applicable to emergency doors. However, affixing a decal, such as the one enclosed with your letter, in the area of those doors is labeling the door as an emergency exit. It is reasonable for riders of the bus to assume that a door which is labeled by the manufacturer with instructions in case of an emergency and which is intended by the local transit authority to be used as an exit in case of an emergency is in fact a door which can be used as an emergency exit. Given the likelihood of the use of the door as an emergency exit when it is so labeled, it is important that the door comply with the requirements applicable to emergency doors in Standard No. 217, and this agency has uniformly required this of all doors labeled with instructions for use in case of an emergency.

For your information, I have enclosed a copy of a letter reaching this same conclusion which was sent to another manufacturer. Contrary to the understanding expressed in your letter, this agency has never sent a letter to a manufacturer stating that doors labeled with emergency instructions were not subject to the requirements of Standard No. 217 applicable to emergency doors.

Should you need any further information or have further questions on this subject, please contact Mr. Kratzke at this address or at (202) 426-2992.

Sincerely,

Frank Berndt Chief Counsel

Enclosure

August 12, 1983

Dear Mr. Krazke:

Re: Clarification of FMVSS - 217

As per our discussion on the phone, Flyer's transit bus models 900, 901 and 902 are equipped with 8 large windows and 3 fixed ones. The eight large windows are classified as emergency exits and they satisfy the FMVSS - 217 requirement of:

51 seats x 67 = 3,417 square inches (minimum) Therefore, the entrance and exit doors are not classified as emergency exits and do not have to be tested for FMVSS - 217 requirements.

Both emergency exit windows and fixed windows were tested in 1980, and approved by your department - see Report No. 217-OYS (copy attached).

The question remaining is that most transit authorities have been requesting that bus manufacturers add a decal instructing people how to open the doors in case of an emergency. (Copy of decal drawings attached). In our view, the decals do not change the status of the doors to an emergency door status and, therefore, they are still not required to meet FMVSS - 217 push forces.

My understanding is that this interpretation has been given to other bus manufacturers before and we at Flyer would like to have a similar clarification from your office to straighten the records out specifically in regard to the letter marked NOA-30 and sent to Mr. Bill Moss, Flyer's test engineer by Mr. Frank Berndt (copy attached).

Your assistance on the phone was greatly appreciated and I hope to hear from you soon.

Yours truly,

Moni Marcus, P.Eng. Chief Engineer FLYER INDUSTRIES LIMITED

Enclosure (4//5/83 letter from Frank Berndt to Flyer Industries Limited Omitted here.)

ID: 19832.ztv

Mr. Jonathan Ward
CEO and President
TLC, Inc.
14743 Oxnard Street
Van Nuys, CA 91411

Dear Mr. Ward:

This is in response to your letter to Coleman Sachs of this Office which we received on April 8, 1999. You asked for an opinion on your plan "to sell restored pre-1974 Toyota Land Cruisers comprised of new and used parts."

You intend to begin with "an assemblage of new motor vehicle equipment including body, frame, steering, suspension, brake, axle, differential, glazing, interior and trim assemblies

. . . ." The equipment taken from the "U.S. spec. pre-1974 donor vehicle" includes "the front and rear driveshaft assemblies including yokes and flanges, complete rear drive gear assembly, front right frame extension, vin plates and title." You believe that "pursuant to 49 CFR 571.7(E) and 15 U.S.C. 1391(3)" you "would satisfy DOT's standards of minimum donor vehicle parts content and definition of assemblage of motor vehicle equipment." You then comment that "the restored vehicle will meet or exceed DOT standards of the donor vehicle's year of manufacture," and ask whether you "can legally sell the vehicle complete with drivetrain or do we have to sell it as a kit and have the customer pay a separate corporation to supply and install the drivetrain?" You conclude by saying that "if we must, our third step would be that a separate corporation will be contracted by the customer to install an EPA and CARB compliant drivertrain. The vehicle will then be offered for sale by TLC Inc."

The Toyota Land Cruiser for 1974 and previous years appears to be a "multipurpose passenger vehicle" for purposes of compliance with 49 CFR Part 571, the Federal motor vehicle safety standards. A "multipurpose passenger vehicle" is defined in pertinent part as one that "is constructed either on a truck chassis or with special features for occasional off-road operation." (Sec. 571.3(b)). You cited 49 CFR "571.7(E)." The provisions of Sec. 571.7(e) Combining new and used components apply only to trucks, not to multipurpose passenger vehicles that may be built on a truck chassis. This section was adopted in 1975 to accommodate the use of glider kits in the reconstruction of trucks (40 FR 49340). This section is not applicable to other types of motor vehicles. We do not understand your citation of 15 U.S.C. 1391(3). That section (now recodified as 49 U.S.C. 30102(a)(6)) is simply the statutory definition of "motor vehicle."

The vehicle you describe cannot, in our opinion, be termed a "restored" 1974 Land Cruiser, even though you intend the completed vehicle to carry the VIN and title of one. The original Land Cruiser will be disassembled to the point that it is no longer a motor vehicle. Only the original "front and rear driveshaft assemblies including yokes and flanges, complete rear drive assembly, [and] front right front frame extension" will be used again. As we understand your letter, the rest of the vehicle, including its body and frame, is new. Under these circumstances, when the vehicle is assembled it will be a motor vehicle manufactured as of the assembly date and one that has not been delivered to its first purchaser for purposes other than resale. That is to say, the vehicle will be a new motor vehicle to which current Federal motor vehicle safety standards and other regulations apply. As a new vehicle, we believe it cannot carry the VIN of an earlier vehicle, but must be equipped with a new VIN meeting the requirements of 49 CFR Part 565. We are not conversant with state titling practices, and cannot provide information about them.

Our interpretation means that the vehicle must be certified by its manufacturer (TLC or the "separate corporation") as conforming to current Federal safety standards as required by 49 U.S.C. 30115 and 49 CFR Part 567. You should contact EPA and CARB for information about their regulations. The certifying manufacturer must also file an identification statement with this agency pursuant to 49 CFR Part 566.

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

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:571
d.5/21/99

ID: 19837.ztv

[       ]

Dear [     ]:

This is in reply to your letter of March 26, 1999, asking for an interpretation of Federal Motor Vehicle Safety Standard No. 108 as it relates to a new product you are developing. Because the product is new, you have commented that you would appreciate our "discretion and confidentiality."

As Taylor Vinson of this Office explained to you on April 9, 1999, our interpretations are a matter of public record, and lighting devices must be described with sufficient detail for the interpretation to be understandable. However, we can, on request, withhold from copies of the interpretation available to the public any material that identifies the addressee and company. You agreed to this treatment of your letter.

You are about to begin the design of a rear identification lamp system which would be a "light bar" with three identification lamps contained within a single lens/base. The lamps would be spaced on 6 to 8-inch centers. You have asked if this conforms to Standard No. 108 "as long as each individual lamp meets the requirements for an identification lamp and as long as there are three distinct 'hot spots' shining through the single lens."

Identification lamps must meet the requirements of SAE Standard J592e Clearance, Side Marker, and Identification Lamps, July 1972, incorporated by reference in Standard No. 108. Paragraph 2.4 of SAE J592e defines identification lamps as "lamps used in groups of three." This can be interpreted as meaning that the lamps must be separate, individual units. However, we would view this aspect of the identification lamp requirement as met if the light bar were constructed so that the three lamps would be perceived as individual lamps. This does not appear to be the case with your system. We interpret your description as indicating that the entire light bar would be illuminated with the hot spots intended to be discernable from the rest of the light bar. If our understanding is correct, your system would not meet the identification lamp requirement of Standard No. 108. However, if you design the light bar with three chambers behind the single lens so that the assembly when lit has the appearance of three separate lamps with no spillover between the chambers, we would consider that as a design that meets this requirement of Standard No. 108.

You have also asked whether this product can also incorporate "a set of brake lights to act as a 'third eye' brake light, similar to those required for automobiles." In other words, the identification lamp bar would act as a supplementary stop lamp when the brakes are applied.

Standard No. 108 permits supplementary lamps as long as they do not impair the effectiveness of the lighting equipment required by the standard (S5.1.3). The function of the identification lamps is to indicate the presence of a large vehicle in the roadway. This effectiveness of this function would not be impaired by an increase in intensity of the lamps when the brake pedal is applied. Therefore, your product can incorporate a supplementary stop lamp function.

If you have any questions you may call Taylor Vinson (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:108
d.6/23/99

ID: 1983y

Mr. Bernie Cantleberry
5958 Maplewood Road
Mayfield Heights, Ohio 44l24

Dear Mr. Cantleberry:

This responds to your letter concerning Safety Standard No. l05, Hydraulic Brake Systems. You asked several questions about the standard's requirements for parking brakes. Your questions are addressed below.

By way of background information, the National Highway Traffic Safety Administration does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with applicable standards. The following represents our opinion based on the facts provided in your letter.

Your first question concerns section S5.2. That section requires specified vehicles to be "manufactured with a parking brake system of a friction type with a solely mechanical means to retain engagement . . . ." You asked what is meant by a "parking brake system of a friction type with a mechanical means."

In understanding section S5.2, I believe it is helpful to focus on three aspects of the language quoted above. First, a vehicle must be "manufactured with a parking brake system." The term "parking brake" is defined in 49 CFR Part 57l.3 as "a mechanism designed to prevent the movement of a stationary motor vehicle." Second, the required parking brake system must be "of a friction type," i.e., it must prevent the movement of a stationary motor vehicle by means of friction. For example, a parking brake which presses a brake shoe against a brake drum operates by friction, whereas the parking pawl of an automatic transmission does not. Third, the required parking brake system must have a "solely mechanical means to retain engagement." Thus, the parking brake cannot be held by non-mechanical means such as fluid, air or electricity.

Your second question concerns section S5.2.2. You asked whether it is necessary to meet S5.2.2.l, S5.2.2.2, and S5.2.2.3 (i.e., all three subsections) in order to comply with section S5.2.2, or just one of the subsections. Section S5.2.2 provides that "(a) vehicle of a type described in S5.2.l at the option of the manufacturer may meet the requirements of S5.2.2.l, S5.2.2.2, and S5.2.2.3 instead of the requirements of S5.2.l," if the vehicle has a transmission or transmission control which incorporates a parking mechanism, and the parking mechanism must be engaged before the ignition key can be removed. (Emphasis added.) Given section S5.2.2's use of the word "and" (as highlighted above), it is necessary to meet the requirements of all three subsections in order to comply with that section's compliance option.

You also asked whether a vehicle which has a parking control in the transmission must also have a hand or foot operated control for the brake system. In responding to this question, I assume that the term "parking control in the transmission" refers to a parking pawl. As noted above, a vehicle manufactured with a parking pawl alone, without an additional parking brake, would not meet section S5.2's requirement that the vehicle be "manufactured with a parking brake system of a friction type with a solely mechanical means to retain engagement . . . ." Thus, a vehicle which has a parking control in the transmission must also have an additional parking brake "of a friction type with a solely mechanical means to retain engagement. . . ."

Finally, you asked whether a vehicle with a hydraulic locking system would be sufficient to meet the requirements specified in S5.2.2. This question was asked both for a vehicle that has a parking control in the transmission and for a vehicle with a manual transmission. The requirement that a vehicle be "manufactured with a parking brake system of a friction type with a solely mechanical means to retain engagement" cannot be met by a hydraulic locking system, since such the parking brakes on such a system are held by fluid pressure rather than by "a solely mechanical means." Thus, regardless of whether a vehicle has a parking pawl or has a manual transmission, a hydraulic locking system cannot be used to meet Standard No. l05's parking brake requirements.

I hope that this answers your questions.

Sincerely,

Stephen P. Wood Acting Chief Counsel

ref:l05 d:8/l7/89

ID: 1984-1.1

TYPE: INTERPRETATION-NHTSA

DATE: 01/01/84 EST

FROM: FLORIDA LEGISLATURE

TITLE: 1984 FLORIDA AUTO TINT LAW

ATTACHMT: ATTACHED TO LETTER DATED 06/25/90, FROM PAUL JACKSON RICE -- NHTSA TO LAWRENCE J. SMITH -- CONGRESS; A35; VSA 108 [A] [2] [A]; STANDARD 205; LETTER DATED 05/30/90 FROM NANCY L. BRUCE -- DOT TO LAWRENCE J. SMITH -- CONGRESS; LETTER DATED 05/25/90 FROM LAWRENCE J. SMITH -- CONGRESS TO NANCY BRUCE -- DOT; NEWSPAPER ARTICLE DATED 03/30/90; BY STEVE MOORE -- BUSINESS MARKETS; LOCAL CRAFTSMAN UNSWAYED BY FEDERAL CIVIL LAWSUITS; NEWSPAPER ARTICLE DATED 03/29/90 BY BRUCE VIELMETTI -- ST PETERSBURG TIMES; US CRACKS DOWN ON WINDOW TINTERS; NEWSPAPER ARTICLE DATED 03/29/90 FROM JIM LEUSNER -- ORLANDO SENTINEL; US SUES CAR-WINDOW TINTERS-LET THERE BE MORE LIGHT; PRESS RELEASE DATED 03/28/90 BY UNITED STATES ATTORNEY MIDDLE DISTRICT OF FLORIDA.

TEXT: An act relating to state uniform traffic control; creating ss. 316.2951 through 316.2957, Florida Statutes; providing definitions; providing requirements with respect to motor vehicle windshields; providing requirements with respect to motor vehicle side windows; providing requirements with respect to all windows behind the driver; providing sunscreen requirements; providing requirements with respect to labeling, providing tolerance levels; providing penalties; providing exemptions; repealing s. 316.295, Florida Statutes, relating to motor vehicle windshield requirements; repealing s. 316.296, Florida Statutes, relating to the prohibition against selling a motor vehicle equipped with windows which are reflective or nontransparent; repealing s. 316.297, Florida Statutes, relating to the prohibition against selling reflective or nontransparent material for motor vehicle windows; repealing s. 316.298, Florida Statutes, relating to exemptions for manufacturers with respect to motor vehicle windows; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Sections 316.2951, 316.2952, 316.2953, 316.2954, 316.2955, 316.2956 and 316.2957, Florida Statutes, are created to read:

316.2951 -- Motor vehicle windows; definitions -- Whenever used in ss. 316.2951 . 316.2957, unless the context otherwise requires, the following terms shall have the following meanings:

(1) "Sunscreening material" means products or materials, including film, glazing, and perforated sunscreening, which, when applied to the windshield or windows of a motor vehicle, reduce the effects of the sun with respect to light reflectance or transmittance.

(2) "Reflectance" means the ratio of the amount of total light, expressed in percentages, which is reflected outward by the product or material to the amount of total light falling on the product or material.

(3) "Transmittance" means the ratio of the amount of total light, expressed in percentages, which is allowed to pass through the product or material, including glazing, to the amount of total light falling on the product or material and the glazing.

(4) "Motor vehicle" means any vehicle as defined in s. 316.003, except vehicles used in farm husbandry, which is registered or required to be registered in the state.

(5) "Windshield" means the front exterior viewing device of a motor vehicle.

(6) "Window" means any device designed for exterior viewing from a motor vehicle, except the windshield, any roof-mounted viewing device, and any viewing device having less than 150 square inches in area.

(7) "Multipurpose passenger vehicle" means a motor vehicle with motive power designed to carry ten persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation.

316.2952 -- Windshields; requirements; restrictions. --

(1) Windshields in a fixed and upright position, equipped with safety glazing as required by federal safety glazing material standards, are required on all motor vehicles which are operated on the public highways, roads, and streets, except motorcycles and implements of husbandry.

(2) No person shall operate any motor vehicle on any public highway, road, or street with any sign, suncreening material, produce, or covering attached to or located in or upon the windshield, except the following:

(a) A certificate or other paper required to be displayed by law.

(b) Sunscreening material along a strip at the top of the windshield, so long as such material is transparent and does not encroach upon the driver's direct forward viewing area as more particularly described and defined in FMVSS 205 and FMVSS 128 as the AS/1 protion of the windshield.

(3) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be constructed as to be controlled or operated by the driver of the vehicle.

(4) Every windshield wiper upon a motor vehicle shall be maintained in good working order.

(5) Grove equipment, including "goats," "highlift-goats," grove chemical supply tanks, fertilizer distributors, fruit-loading equipment, and electric-powered vehicles regulated under the provisions of s. 316.267, shall be exempt from the requirements of this section. However, such electric-powered vehicles shall have a windscreen approved by the department sufficient to give protection from wind, rain, or insects, and such windscreen shall be in place whenever the vehicle is operated on the public roads and highways.

316.2953 -- Side windows; restrictions on sunscreening material. -- No person shall operate any motor vehicle on any public highway, road, or street on which the side wings and side windows on either side forward of or adjacent to the operator's seat are composed of, covered by, or treated with any sunscreening material or other product or covering which has the effect of making the window nontransparent or which would alter the window's color, increase its reflectivity, or reduce its light transmittance, except as expressly permitted herein. A sunscreening material may be applied to such windows if, when tested on 1/8-inch clear glass, the material has a total solar reflectance of visible light of not more than 25 percent as measured on the non-film side and light transmittance of at least 35 percent in the visible light range.

316.2954 -- All windows behind the driver; restrictions on sunscreening material. --

(1) No person shall operate any motor vehicle on any public highway, road, or street with any windows behind the driver which are composed of, covered by, or treated with any sunscreening material, or other product or material which has the effect of making the window nontransparent or would alter the window's color, increase its reflectivity, or reduce its light transmittance, except as specified below:

(a) Sunscreen material consisting of film which, when tested on 1/8-inch clear glass, has a total solar reflectance of visible light of not more than 35 percent as measured on the non-film side and light transmittance of at least 18 percent in the visible light range; provided, however, that sunscreen material may be used on multipurpose passenger vehicles, which, when tested in 1/8-inch clear glass, has a total solar reflectance of visible light of not more than 35 percent as measured on the non-film side and light transmittance of at least 8 percent in the visible light range.

(b) Perforated sunscreening material which, when tested in conjunction with existing glazing or film material, has a total reflectance of visible light of not more than 35 percent and light transmittance of no less than 30 percent. For those products or materials having different levels of reflectance, the highest reflectance from the product or material will be measured by dividing the area into 16 equal sections and averaging the overall reflectance. The measured reflectance of any of those sections shall not exceed 50 percent.

(c) Louvered materials, if the installation of the materials does not reduce driver visibility by more than 50 percent.

(d) Privacy drapes, curtains and blinds, provided such covering shall be in an open and secure position when the motor vehicle is being operated on any public highway, road, or street.

(2) No person shall operate any motor vehicle upon any public highway, road or street, on which the rear window is composed of, covered by, or treated with any material which has the effect of making the window nontransparent, unless the vehicle is equipped with side mirrors on both sides that meet the requirements of s. 316.294.

316.2955 -- Window sunscreening material; compliance labeling; tolerances. --

(1) Each installer or seller of sunscreening material shall provide a pressure sensitive, self-destructive, nonremovable, vinyl-type film label to the purchaser stating that the material complies with the provisions of ss. 316.2951 - 316.2954. Each installer shall affix the required label to the inside left door jamb of the motor vehicle. In addition, the label shall state the trade name of the material and the installer's or seller's business name. Labeling shall not be required for factory glazing which complies with FMVSS 205.

(2) All percentage measurements required by ss. 316.2951 - 316.2954 shall be subject to a plus or minus 3 percent tolerance.

316.2956 -- Violation of provisions relating to windshields, windows, and sunscreening material; penalties. --

(1) Any person who operates a motor vehicle on which, after the effective date of this act, material was installed in violation of ss. 316.2951 - 316.2954, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.084.

(2) Replacement or repair of any material legally installed is not a violation of ss. 316.2951 - 316.2954.

(3) Any person selling or installing sunscreening material in violation of any provision of ss. 316.2951 - 316.2955 after the effective date of this act shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

316.2957 -- Exemption for motor vehicle manufacturers. -- The provisions of ss. 316.2951 - 316.2956 shall not apply to the manufacturer's tinting or glazing of motor vehicle windows or windshields which is otherwise in compliance with or permitted by FMVSS 205 as promulgated in 49 C.F.R. 571.205.

Section 2. Sections 316.295, 316.296, 316.297, and 316.298, Florida Statutes, are hereby repealed.

Section 3. This act shall take effect upon becoming a law.

ID: 1984-1.10

TYPE: INTERPRETATION-NHTSA

DATE: 02/07/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mr. Rod L. Stafford Fryford Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your recent letter requesting information on which of the agency's regulations would apply to a new product you are considering. You described the product as a "hammock-like seat which, unrolled and fastened into the rear bed of any pickup truck, forms a comfortable passenger seat which may be easily stowed inside the truck cab." You stated that you plan to sell your product as an item of aftermarket equipment and asked about the application of our regulations to your product.

If your product is sold as an item of aftermarket equipment to be installed by a vehicle owner, it would not be required to comply with Standards Nos. 207, 208, 209, 210, and 302. We were pleased to learn that you have nevertheless voluntarily designed your product to conform to those standards.

As a manufacturer of an item of motor vehicle equipment, you do have a responsibility under section 151 et seq. of the National Traffic and Motor Vehicle Safety Act to conduct a notification and remedy campaign if you or the agency determines that your product contains a safety-related defect or does not comply with an applicable standard. A copy of the Act is enclosed.

If you have any further questions, please let me know.

Sincerely,

Enclosure

ATTACH.

WILLIAM SMITH -- Office of the Chief Council, National Traffic & Highway Safety Administration

Mr. Smith,

We are a manufacturer of an aftermarket product with the trade name "2nd Seat," and this letter regards the applicability of Federal Motor Vehicle Standards to our product.

The "2nd Seat" is essentially a hammock-like seat which, when unrolled and fastened into the rear bed of any pickup truck, forms a comfortable passenger seat which may be easily stowed inside the truck cab. The seat is designed to be installed in a rearward-facing attitude, and the rider position is recumbent with an upper body angle which is reclined more than 45 degrees from the vertical axis. The width of the bench thus formed is 45".

We have designed our product to conform to the requirements set forth in Sec. 207 thru 210 of the motor vehicle codes, and the Sec. 302 which refers to Fire Retardant standards. We have performed an engineering study which indicates that our product exceeds the requirements for both the strength of the seat body, and the safety restraint system. However, we understand that the standards are not specifically directed at the aftermarket and that compliance on our part may therefore be subject to a specific ruling from your Department.

If you require more detailed information about the "2nd Seat" or if there is a customary posture which the Administration generally assumes in such cases, please inform us at your earliest convenience.

Sincerely,

Rod L. Stafford -- Fryford Corporation