Dean Rose, Founding Partner

Transportation Safety Products, Ltd.

6797 N. High Street, Suite 214

Worthington, OH 43085

Dear Mr. Rose:

This responds to your letter asking about Federal requirements that apply to a voice alarm system that, according to the advertising pamphlet you enclosed, actually talks to and alerts the children with three distinct, clear and loud voice messages. There is also a panic button that verbally warns pedestrians and/or children that a car is moving around the school bus stop arm by announcing: Danger! Get back! A car is coming!

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized under 49 U.S.C. Chapter 301 to issue and enforce Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and items of motor vehicle equipment. NHTSA does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, our statute establishes a self-certification process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates reports of safety-related defects.

There is no FMVSS that applies to a child safety alarm system such as you have described. However, as a manufacturer of motor vehicle equipment, you are subject to the requirements of 49 U.S.C. 30118-30121 concerning the recall and remedy of products with safety-related defects. I have enclosed an information sheet that briefly describes those and other manufacturer responsibilities. In the event the manufacturer or NHTSA determines that the product contains a safety-related defect, the manufacturer would be responsible for, among other things, notifying purchasers of the defective equipment and remedying the problem free of charge. (Note that this responsibility is borne by the vehicle manufacturer in cases in which your device is installed on a new vehicle by or with the express authorization of that vehicle manufacturer.)

In addition, Section 30122 of our statute (49 U.S.C. 30101 et seq.) prohibits a motor vehicle manufacturer, dealer, distributor, or repair business from making modifications that

make inoperative any part of a device or element of design installed on or in a motor vehicle in compliance with an applicable motor vehicle safety standard Any person in the aforementioned categories installing your device on a new or used school bus or transit bus must take care with the safety systems required of the vehicles. For example, FMVSS No. 217, Bus emergency exits and window retention and release, establishes requirements for school bus emergency exit release. Section S5.3.3.1 requires, among other things, an audible warning at the school bus drivers seating position and in the vicinity of the emergency exit door if the release mechanism is not in the position that causes the emergency exit door to be closed and the vehicles ignition is on. In addition, FMVSS No. 131, School bus pedestrian safety devices, has a requirement in section 5.5 for a warning audible to the driver when an optional device that prevents the automatic extension of a stop signal arm is activated. Your device must not negatively affect the operation of either of these required warning systems.

The make inoperative provision does not apply to a vehicle owner making changes to his or her own vehicle. However, NHTSA urges owners not to degrade the safety of their vehicles.

We also note that this child safety alarm system appears to shift some of the burden of responsibility to child pedestrians. The responsibility for looking out for children should, first and foremost, be on the adults (i.e., the school bus driver and the drivers of vehicles around the school bus). This product should not be viewed as a substitute for vigilance on the part of drivers to look out for children. In addition, the talking bus should not distract children, especially when they are crossing the street. We are also concerned that the bus may attract the curious child, encouraging approaching the bus and seeking out the source of the voice.

The Federal Transit Administration (FTA) may have requirements that affect the placement of your child safety alarm system on transit buses. I would suggest you contact them directly for a legal opinion about the applicability of FTA requirements to your product.

Note also that States have the authority to regulate the operation and use of vehicles. If you wish to know whether State law permits the installation of your child safety alarm system in school buses or other motor vehicles, you should contact State officials with your question.

I hope this information is helpful. If you have any further questions, please contact Ms. Dorothy Nakama at this address or at (202) 366-2992.

Sincerely,

Anthony M. Cooke

Chief Counsel

Enclosure

ref:VSA

d.11/3/06

Mr. Terrill J. Blair, Sr.

7013 86^th Street, NW

Gig Harbor, WA 98332

Dear Mr. Blair:

This responds to your letter asking whether a used car with deployed air bags must have its air bags reinstalled before sale. As discussed below, Federal law does not require replacement of a deployed air bag in a used vehicle. However, individual State laws may require such reinstallation before a used car is sold.

You explain that you recently purchased a 1996 Buick LeSabre from a private party. You state your belief that the vehicles air bags have been deployed, and the air bags were not reinstalled. You write to ask whether this car [can] be sold without the air bags (safety equipment) being reinstalled.

I am enclosing two letters that explain legal obligations to replace air bags which have been deployed as a result of a crash. The first letter, dated January 19, 1990, is to Ms. Linda L. Conrad. The second letter, dated March 4, 1993, is to Mr. Robert A. Ernst. As explained in those letters, Federal law does not require replacement of a deployed air bag in a used vehicle. In addition, there is no Federal law that prohibits selling a used vehicle with an air bag that is inoperable because of a previous deployment. However, our agency strongly encourages dealers and repair businesses to replace deployed air bags whenever vehicles are repaired or resold, to ensure that the vehicles will continue to provide maximum crash protection for occupants.

Despite the absence of any requirement in Federal law, State law may require replacement of deployed air bags. You may wish to contact the Attorney General of the State of Washington to learn if there are any applicable laws or regulations:

Office of the Attorney General

State of Washington

1125 Washington, St., S.E.

P.O. Box 40100

Olympia, WA 98504-0100

The Washington State Attorney General has branch offices that might be closer to you.

I hope this information is helpful. If you have any further questions, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Anthony M. Cooke

Chief Counsel

Enclosures

ref:208

d.12/13/06

Mr. Kiminori Hyodo

Deputy General Manager, Regulation & Certification

Koito Manufacturing Co., Ltd.

4-8-3, Takanawa

Minato-Ku Tokyo

Japan

Dear Mr. Hyodo:

This responds to your letter requesting clarification regarding the luminous intensity requirements for front turn signal lamps under Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment (FMVSS No. 108). Specifically, you asked whether the multiplier in paragraph S5.3.1.7 of Standard No. 108 applies to the minimum luminous intensities listed in Figure 20, Visibility of Installed Lighting Devices (Luminous Intensity Measurement Method). As discussed below, it does not.

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue FMVSSs that set performance requirements for new motor vehicles and items of motor vehicle equipment (see 49 U.S.C. Chapter 301). On August 11, 2004, NHTSA published a final rule updating FMVSS No. 108 to increase compatibility with the relevant standards of the Society of Automotive Engineers (SAE) and the Economic Commission for Europe (ECE) pertaining to a variety of lighting requirements (see 69 FR 48805).

The luminous intensity multiplier referred to in paragraph S5.3.1.7 of Standard No. 108 applies to the photometric requirements of turn signal lamps. Paragraph S5.3.1.7 specifies that the multiplier applied to obtain the required minimum luminous intensities shall be 2.5. The multiplier referred to in paragraph S5.3.1.7 supersedes the luminous intensity multiplier described in paragraph 5.1.5.4 of SAE J588 (rev. Nov. 84), which has been incorporated by reference into FMVSS No. 108 via paragraph S5.1.1 and Table III of the standard. (S5.1.1 refers to Table III, which references SAE J588 (rev. Nov. 84) as the applicable standard for turn signal lamps.) To explain more fully, paragraph 5.1.5.4 of SAE J588 (rev. Nov. 84) specifies numerous luminous intensity multipliers dependent on the lamp separation distance. Paragraph S5.3.1.7 overrides this SAE specification by requiring that turn signal lamps mounted within 100mm of the lighted edge of a headlamp shall use 2.5 as the multiplier. Thus, the luminous intensity multiplier referred to in FMVSS No. 108 paragraph S5.3.1.7 applies to the SAE J588 (rev. Nov. 84) photometric requirements of turn signal lamps.

We note that the minimum luminous intensities referred to in Figure 20 of FMVSS No. 108 are visibility requirements, not photometric requirements. The origin of these requirements is FMVSS No. 108 paragraph S5.3.2(b). This paragraph states that a manufacturer must certify compliance of each lamp to one of the following visibility requirement options, with one option being that each such lamp must provide a luminous intensity not less than that specified in Figure 20. Because this refers to visibility requirements, referencing the light seen by the human eye, as opposed to photometry requirements, referencing the output of light from the lamp (and which was the subject of the luminous intensity multiplier), the multiplier does not apply to the values in Figure 20.

I hope this information is helpful. If you have any further questions, please contact Ari Scott of my staff at (202) 366-2992.

Sincerely,

Anthony M. Cooke

Chief Counsel

ref:108

d.2/7/07

Mr. Kiminori Hyodo

Deputy General Manager, Regulation & Certification

Koito Manufacturing Co., Ltd.

4-8-3, Takanawa

Minato-Ku Tokyo

Japan

Dear Mr. Hyodo:

This responds to your letter, in which you seek clarification as to the definition of the optical axis for a lower beam headlamp using light-emitting diodes (LEDs) under Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. Specifically, you asked how one would determine the optical axis for a LED lower beam headlamp, where respective LEDs provide different light intensities or beam configurations. As discussed below, it is our opinion that the optical axis for a visual/optical aim headlamp is the reference axis necessary to assure proper horizontal and vertical alignment of the optical aiming equipment. It is up to the manufacturer to decide how to determine that axis and to select the location of the required marking. This interpretation would apply to any visually/optically aimed headlamp regardless of light source type.

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue FMVSSs that set performance requirements for new motor vehicles and items of motor vehicle equipment (see 49 U.S.C. Chapter 301). NHTSA does not provide approvals of motor vehicles or motor vehicle equipment.  Instead, manufacturers are required to self-certify that their products conform to all applicable safety standards that are in effect on the date of manufacture. FMVSS No. 108 specifies requirements for original and replacement lamps, reflective devices, and associated equipment.  NHTSA selects a sampling of new vehicles and equipment each year to determine their compliance with applicable FMVSSs.  If our testing or examination reveals an apparent noncompliance, we may require the manufacturer to remedy the noncompliance, and may initiate an enforcement proceeding if necessary to ensure that the manufacturer takes appropriate action.

Your letter asked what constitutes the location of the optical axis in a situation in which LEDs of varying intensity are used in a headlamp. You described a situation in which one LED from an array of LEDs serves to provide the dominant intensities toward the center of the beam pattern and determines a major characteristic of a cut-off. You asked if it would be appropriate to use that element to determine the optical axis. You also ask this question assuming a condition where respective LEDs are directed differently to constitute respective parts of the low-beam illumination. These questions caused the agency to closely examine the meaning of optical axis in order to assure proper headlamp aiming.

In your letter, you cited a prior agency interpretation (December 21, 2005 letter to Mr. Takayuki Amma) regarding lower beam headlamps using several LEDs of equal light intensities, and our conclusion that the optical axis shall always correlate to the actual photometric output of the lamp. In view of your latest inquiry, we reexamined our 2005 interpretation relative to the determination of the optical axis. In our 2005 interpretation, we expressed agreement that the optical center would serve as an optical axis of a lower beam headlamp. We also agreed with your recommended approach and said that for LED lower beam headlamps, the optical center should be determined as the geometric center of the portion of the lens that is illuminated by the LED light sources. While we continue to believe this could be a valid approach, manufacturers may choose other methods as well. For example, with LED light sources of varying intensity, a manufacturer could conclude that the geometric center of the illuminated lens might not be accurate for marking the lamp for aiming purposes.

The agency notes that the term optical axis as used in FMVSS No. 108 may be inconsistent with the encyclopedic definition of the phrase. For visually/optically aimed headlamps, the term optical axis, as it is used in Standard No. 108, refers to the reference axis (a.k.a. mechanical axis) of the headlamp. Given this, we have reexamined a second point from the 2005 letter, in which we stated that the center of the emitted light is always taken to be the center of the optical axis. In saying this, we were quoting a January 14, 1976 letter of interpretation to the Department of California Highway Patrol. Upon closer examination, the 1974 letter addressed the optical axis (i.e., the mechanical or reference axis) in turn signals, not headlamps. As turn signals are symmetrical, the center of light emitted should always constitute the reference axis. However, as headlamps are asymmetrical, the quoted portion of the 1974 letter does not apply to headlamps.

Paragraph S7.8.5.3(f) of FMVSS No. 108 requires that a visually/optically aimed headlamp include a mark or markings identifying the optical axis of the headlamp. The location of this mark or markings is to be determined by the headlamp manufacturer. Once chosen, the mark establishes the reference axis that will be used to assure proper horizontal and vertical alignment of the aiming screen or optical aiming equipment with the headlamp being aimed. NHTSA will use this mark to identify the reference axis, and will conduct its compliance testing accordingly.

Finally, we note that this interpretation broadens flexibility for manufacturers under the rule and, as such, does not amount to a change implicating compliance issues for manufacturers currently relying on the opinions in our previous letters.

If you have any further questions, please contact Ari Scott of my staff at (202) 366-2992.

Sincerely,

Anthony M. Cooke

Chief Counsel

ref:108

d.5/25/07

Mr. Tab Hauser

HASCO Components International Corp.

906 Jericho Turnpike

New Hyde Park, NY 11040

Dear Mr. Hauser:

This responds to your letter requesting information on how to get your product, the Electronic Flare, approved by the U.S. Department of Transportation (DOT). Please note that DOT does not provide approvals of such products. In this letter, we provide a discussion of relevant requirements of two DOT agencies, the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration.

NHTSA is authorized to issue Federal motor vehicle safety standards (FMVSSs) for new motor vehicles and new items of motor vehicle equipment. Unlike the practice in many countries, NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Instead, manufacturers are required to certify that their vehicles and equipment meet applicable standards.

One FMVSS is FMVSS No. 125, Warning devices, which applies only to warning devices that are designed to be carried in buses and trucks that have a gross vehicle weight rating (GVWR) greater than 10,000 pounds. FMVSS No. 125 specifically applies to devices, without self-contained energy sources. (See S3. Application.) Since the Electronic Flare is battery operated, it has a self-contained energy source. Therefore, FMVSS No. 125 does not apply to the Electronic Flare.

Even though not covered by FMVSS No. 125, the Electronic Flare is motor vehicle equipment, and is subject to various provisions of 49 U.S.C. Chapter 301, Motor Vehicle Safety. Motor vehicle equipment is defined at 49 U.S.C. Section 30102(a)(7) as:

(A) any system, part, or component of a motor vehicle as originally manufactured;

(B) any similar part or component manufactured or sold for replacement or improvement of a system, part, or component, or as an accessory or addition to a motor vehicle; or

(C) any device or an article or apparel (except medicine or eyeglasses prescribed by a licensed practitioner) that is not a system, part, or component of a motor vehicle and is manufactured, sold, delivered, offered, or intended to be used only to safeguard motor vehicles and highway users against risk of accident, injury or death.

In determining whether an item of equipment is considered an accessory ... to a motor vehicle, NHTSA analyzes two criteria. The first criterion is whether a substantial portion of the expected uses of a product is related to the operation or maintenance of motor vehicles. NHTSA determines expected uses by considering product advertising, product labeling, and the type of store that retails the product, as well as available information about the actual use of the product. The second criterion is whether the product is purchased or otherwise acquired, and principally used, by ordinary users of motor vehicles.

Applying these two criteria to the Electronic Flare, NHTSA concludes that a substantial portion of the expected use of the Electronic Flare is related to motor vehicles. Your website, www.electronicflare.com, shows that the Electronic Flare is marketed for use in conjunction with motor vehicles, to be deployed (in lieu of incendiary flares) on the side of the road in the event a vehicle is disabled. Product literature provided with your letter shows the Electronic Flare marketed as a device that can give your family and automobile the protection it needs in the event you have a flat tire or are stalled on the side of the road and as an environmentally friendly alternative to the incendiary flare. Further, you are marketing the product to ordinary motor vehicle owners and drivers for their purchase. For these reasons, we conclude that your product is an item of motor vehicle equipment.

Manufacturers of motor vehicles and motor vehicle equipment must ensure that their products are free of safety-related defects. If you or NHTSA should determine that your product contains a safety-related defect, you would be responsible for notifying NHTSA and purchasers of the defective equipment and remedying the problem free of charge. (See 49 CFR Part 573, Defect and Non-Compliance Responsibility and Reports.)

The Federal Motor Carrier Safety Administration (FMCSA) is the agency responsible for safety regulations applicable to the operation of commercial motor vehicles, in interstate commerce. We consulted with FMCSA about your inquiry, and it provided the following information. The requirements for emergency equipment on all power units, specified in 49 CFR 393.95, require in part that each truck, truck tractor, and bus (except those towed in driveaway-towaway operations) to be equipped with (1) three bidrectional emergency reflective triangles that conform to the requirements of FMVSS No. 125, or (2) at least 6 fusees or 3 liquid-burning flares. Other warning devices may be used in addition to, but not in lieu of, the required warning devices, provided those warning devices do not decrease the effectiveness of the required warning devices.

In addition, the States regulate the use of vehicles and items of motor vehicle equipment. Some States may regulate the warning devices that operators of vehicles may or must use when a vehicle is stopped. The States can provide information on whether they have any requirements for warning devices to be used with motor vehicles.

I hope this information is helpful. If you have any questions about NHTSA requirements, please feel free to contact Dorothy Nakama of my staff at (202) 366-2992. If you have any questions about FMCSA requirements, you may call Mike Huntley at (202) 366-9209.

Sincerely,

Anthony M. Cooke

Chief Counsel

ref:125#VSA102(4)

d.12/18/06

Mr. Kevin King T-80577

(H.D.S.P.) E2-36 LOW

P.O. Box 3030

Susanville, CA 96127

Dear Mr. King:

This responds to your letter concerning a model year 2003 or 2004 mini type van/bus that was used by the State of California for transporting prison inmates and that did not have seat belts for the inmates. You asked whether California Vehicle Code section 27315(g) requires that all vehicles have seat belts for passengers. In addition, you asked whether a California prisoner transport vehicle without seat belts constitutes a violation of Federal vehicle safety laws.

Let me begin by noting that we cannot answer questions about California law, and refer you to the California Department of Transportation, or any other relevant agency of that state on such matters. This office has no special knowledge or expertise with respect to the laws of individual States. My answer will address only the requirements of the Federal laws and regulations administered by this agency.

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized under Chapter 301 of Title 49 of the United States Code (49 U.S.C. 30101 et seq.) to issue motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. NHTSA has exercised this authority to establish Standard No. 208, Occupant Crash Protection, (49 CFR 571.208) which, among other things, requires safety belts to be installed at certain seating positions in motor vehicles.

We cannot give specific guidance given the limited description of the van/bus. Depending on the seating capacity and gross vehicle weight rating (GVWR) of the vehicle, it may have been required to have seat belts originally installed. If the vehicle, as originally manufactured, was designed to carry more than 10 persons, it was a bus under our definitions (see 49 CFR 571.3(b)). If it was a bus and had a GVWR of 10,000 pounds or less, it was required to be equipped with a lap and shoulder belt at every forward-facing outboard seating position for its passengers, and either a lap belt or a lap and shoulder belt at every other passenger seating position (see paragraph S4.4.3.2) at the time of manufacture and sale.

Chapter 301 provides that no person shall manufacture, import, or sell any new vehicle unless it complies with all applicable Federal motor vehicle safety standards, including the seat belt installation requirements in Standard No. 208 (See 49 U.S.C. 30112(a)). The requirement that a vehicle comply with all applicable safety standards applies only until the vehicle's first purchase in good faith for purposes other than resale. See 49 U.S.C. 30112(b). After such first purchase, the only provision in Federal law that affects modifications that can be made to the vehicle is set forth in 49 U.S.C. 30122(b).

That section provides that:

A manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle ... in compliance with an applicable motor vehicle safety standard prescribed under this chapter....

Please note that this prohibition applies only to the commercial entities identified in the section, not to individual vehicle owners. Vehicle owners may alter their own vehicles and operate them on the highways without violating Federal law, even if the owner's modifications cause the vehicle to no longer comply with the seat belt installation requirements of our standards. Thus, if a State purchases a vehicle and makes modifications itself, there is no violation of Federal law, even if the modified vehicle does not comply with our standards.

I hope this letter addresses your concerns. Please feel free to contact Ari Scott of my staff at (202) 366-2992 should you have any additional questions.

Sincerely,

Anthony M. Cooke

Chief Counsel

ref:208

d.1/18/07

Mr. Chris Tinto

Vice President Technical and Regulatory Affairs

Toyota Motor North America, Inc.

601 13^th Street, NW

Suite 910 South

Washington, DC 20005

Dear Mr. Tinto:

This responds to your letter asking about positioning the front passenger seat under crash test conditions of Federal Motor Vehicle Safety Standard (FMVSS) Nos. 208 and 214, Occupant Crash Protection and Side Impact Protection, respectively. Specifically, you asked whether we would consider a non-seating forward position of the front passenger seat the forwardmost position for purposes of positioning the seat in the crash tests of FMVSS No. 208 (S8.1.2 and S16.2.10.3.2), as well as FMVSS No. 214 (S6.3). As explained below, because there are design features in the vehicle that make it unlikely that an occupant would be seated in the forward position when the vehicle is in use, our answer is no, we would not consider the position to be the forwardmost or full forward position for purposes of positioning the seat for the respective crash tests of the 5^th and 50^th percentile crash test dummies.

In your letter, you describe an extended seat slide system for the front passenger seat planned for your new vehicles. When this seat is unoccupied, the occupant classification system recognizes that there is no occupant and will allow the seat to be adjusted to a non-seating position forwardmost location. This feature is intended to provide extended legroom for the rear passenger when the front passenger seat is unoccupied. When the front passenger door is opened and if the seat is forward of the forwardmost seating position location, the seat will automatically move backward to the forwardmost seating position.

Your question relates to positioning the seat to accommodate the test dummies used in the two standards. FMVSS No. 208 paragraph S8.1.2., which concerns the positioning of the seat in the adjustment position to prepare for a crash test using the 50^th percentile adult male dummy, reads: Adjustable seats are in the adjustment position midway between the forwardmost and rearmost positions, and if separately adjustable in a vertical direction, are at the lowest position.

S16.2.10.3.2 of FMVSS No. 208 states that when testing with the 5^th percentile adult female test dummy the full forward seating position is used.

S6.3 of FMVSS No. 214 specifies that when testing with the 50^th percentile adult male dummy, adjustable seats are placed in the adjustment position midway between the forward most and rearmost positions.

You ask if the forwardmost, forward most, and full forward positions referenced in these standards would be the non-seating position forwardmost location you are considering incorporating into the new design. You believe that the answer is no, believing that the provisions for adjusting the seat refer to adjustment positions that are available for seating to the passenger. You point out that if the seat were in the non-seating position forwardmost location, the seat will automatically adjust to the forwardmost seating position, and not the extended forward non-seating position, when the door is opened.

We agree with your view on this matter.

In an October 2, 1990, letter to Mazda, the National Highway Traffic Safety Administration (NHTSA) discussed the issue of how compliance is determined in situations in which a standard does not specify a particular test condition.[1] In that letter, NHTSA stated:

In cases where a standard does not specify a particular test condition, we believe there are several relevant factors to consider in interpreting the standard. First, in the absence of a specification of a particular test condition, we believe there is a presumption that the requirements need to be met regardless of such test condition, since the standard does not include any language which specifically limits applicability of its requirements to such test condition. For example, where a standard does not specify suspension height, its requirements may need to be met at all heights to which the suspension can be adjusted. Before reaching such a conclusion, however, we also consider the language of the standard as a whole and its purposes. [T]he language of the standard or its purposes may indicate limitations on such test condition. Finally, in situations where a limitation on a particular test condition may appear to be appropriate, we also must consider whether the limitation is sufficiently clear, both with respect to justification and specificity, to be appropriate for interpretation[or whether] such a decision should be reached in rulemaking.

In the case you present, we considered the purpose of the seat positioning requirements, which is to assess the vehicles protection of passengers in various seat positions. This purpose indicates that the test conditions should be limited to only those in which there would be a person occupying the seat. Based on your letter to us and subsequent email communication, we are aware that you have incorporated various design features into the vehicle to eliminate unreasonable risk that the seat would be in the non-seating position forwardmost location in a crash. These safety precautions include using the occupant classification sensor, door switch, and seat belt sensor to determine if the front passenger seat is occupied. Because these precautions eliminate unreasonable risk that the non-seating position would be occupied in a crash, we agree that safety considerations are not served by considering the forward non-seating position to be the forwardmost, full forward, or forward most positions for purposes of S8.1.2 and S16.2.10.3.2 of FMVSS Nos. 208 and S6.3 of FMVSS No. 214.

You note in your letter that you are not asking for an interpretation related to positioning the seat for the FMVSS No. 208 out-of-position tests with child test dummies. You acknowledge that tests with the child dummies should be conducted with the seat in the non-seating position forwardmost location, since a child could enter the vehicle through a vehicle door other than the one triggering automatic movement of the seat, and could climb over a seat to occupy the front passenger seat. In such a scenario, the front passenger seat could be occupied in the non-seating position forwardmost location by an out-of-position child. We agree that todays interpretation is limited to positioning the seats relative to the standards crash tests with the adult dummies, and that different circumstances and considerations arise relative to the out-of-position tests with the child test dummies.

If you have any further questions, please contact Ari Scott of my staff at (202) 366-2992.

Sincerely yours,

Anthony M. Cooke

Chief Counsel

ref:208

d.3/30/07

Adam Schumann, Engineer

Thoroughbred Motorsports

P. O. Box 369

22661 FM15

Troup, TX 75789

Dear Mr. Schumann:

This responds to your request for an interpretation of Federal Motor Vehicle Safety Standard (FMVSS) No. 122, Motorcycle Brake Systems. You wish to know whether a prototype brake system design for a three-wheeled motorcycle would meet FMVSS No. 122. Based on the information you provided to the agency and the analysis below, Ive concluded that because the product would not meet the requirement at S5.1.2.1 that each reservoir filler opening have its own cover, seal, and cover retention device, it would fail to meet FMVSS No. 122.

The National Highway Traffic Safety Administration (NHTSA) is authorized to issue FMVSSs that set performance requirements for new motor vehicles and new items of motor vehicle equipment (See 49 U.S.C. Chapter 301). NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Instead, manufacturers are required to self-certify that their vehicles and equipment conform to all applicable safety standards that are in effect on the date of manufacture. FMVSS No. 122 specifies performance requirements for motorcycle brake systems.

In your letter you describe your product as a three-wheeled motorcycle with approximately 143 horsepower. Unlike many motorcycles, your product will have a steering wheel instead of handle bars, a foot throttle operated by the drivers right foot, and a brake pedal operated by the drivers left foot. You state that the brake system will use a standard Ford Ranger dual master cylinder with a split reservoir with a single cap. The brake system and the brake foot pedal will actuate both front and rear systems simultaneously. You note that FMVSS No. 122 states at S5.1.2.1:

S5.1.2.1 Each master cylinder will have a separate reservoir for each brake circuit, with each reservoir filler opening having its own cover, seal, and cover retention device.

You asked whether NHTSA will accept the use of this standard passenger vehicle master cylinder on the motorcycle if it does not have two individual caps for each of the reservoirs.

Since your product would be classified as a motorcycle, it must meet the FMVSSs that apply to motorcycles, including FMVSS No. 122. As you are aware, although it would have a master cylinder with split reservoirs, front/rear, your design would have only one filler cover and seal. Each reservoir filler opening would not have its own cover, seal and cover retention device, as specified in S5.1.2.1. Your motorcycle would therefore not meet S5.1.2.1 of FMVSS No. 122.

You also seek confirmation that your product need not meet FMVSS No.123, Motorcycle controls and displays. The application section (S3.) of FMVSS No. 123 states: This standard applies to motorcycles equipped with handlebars As indicated above, you state in your letter that your motorcycle will incorporate a steering wheel instead of handle bars. Therefore, FMVSS No. 123 would not apply to your motorcycle.

* * *

With respect to FMVSS No. 122 above, our research on this issue revealed that the requirement for a separate reservoir for each brake circuit, with each reservoir filler opening having its own cover, seal and cover retention device, was proposed in a notice of proposed rulemaking (NPRM) of March 24, 1971 (57 FR 5516), to establish the safety standard on motorcycle brake systems. The NPRM did not discuss the reason for the requirement that each reservoir filler opening have its own cover, seal and cover retention device. The proposed language was made final (see 47 FR 5033, March 9, 1972), took effect on September 1, 1973, and has not been changed since.

In light of the design of your product, and history of the relevant rule, I would like to indicate in closing that this agency provides a procedure through which parties may petition to change regulations where safe and functional alternatives to existing rules are identified and can be demonstrated. In the event you believe your design can be supported in this way, please consider the procedure that is explained at NHTSAs regulation at 49 CFR Part 552, Petitions for rulemaking, defect, and noncompliance orders.

I hope this information is helpful. If you have any further questions, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Anthony M. Cooke

Chief Counsel

ref:122

NCC-112:DNakama:62992:mar:dec/08/06:OCC#06-005825

Final 1/18/07; Dot rewrote per TC 2/2/07

[U:\NCC20\INTERP\122\06-005825drn.doc]

cc:NCC-112, subj/chron, Docket Std. 122, DN, NVS-100, NVS-200

Kim D. Mann, Esq.

Scopelitis, Garvin, Light & Hanson

1850 M Street, NW

Washington, DC 20036

Dear Mr. Mann:

This responds to your letter asking about the permissibility of certain auxiliary lighting equipment under Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. You asked about this in connection with a product of one of your clients. Specifically, your letter requested our opinion as to the permissibility of a row of eleven lamps that function as identification lamps, stop lamps, supplemental stop lamps, and turn signals. Based on the information about the product that you provided and the analysis below, it is our opinion that the auxiliary stop lamps and turn signal lamps would impair the effectiveness of the identification lamps, and thus be impermissible under the standard.

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue FMVSSs that set performance requirements for new motor vehicles and items of motor vehicle equipment (see 49 U.S.C. Chapter 301). NHTSA does not provide approval of motor vehicles or motor vehicle equipment. Instead, manufacturers are required to self-certify that their products conform to all applicable safety standards that are in effect on the date of manufacture. FMVSS No. 108 specifies requirements for original and replacement lamps, reflective devices, and associated equipment. NHTSA selects a sampling of new vehicles and equipment each year to determine their compliance with applicable FMVSSs. If our testing or examination reveals an apparent noncompliance, we may require the manufacturer to remedy the noncompliance, and may initiate an enforcement proceeding if necessary to ensure that the manufacturer takes appropriate action.

Paragraph S5.1.3 of Standard No. 108 specifies that no additional lamp, reflective device or other motor vehicle equipment shall be installed that impairs the effectiveness of lighting equipment required by this standard. As you are aware, identification lamps are required
equipment on trailers (as specified in Table II, which states that identification lamps on trailers should be located on the rear 3 lamps as close as practicable to the top of the vehicle at the same height). It is our opinion that the product you ask about would impair the effectiveness of the identification lamps by obscuring the three-lamp cluster pattern required by the Standard, rendering it unrecognizable by turning it into an eleven-lamp cluster.

You present a variety of arguments that you believe support the permissibility of your clients product, and we will address them here. In your first argument, you state that NHTSA issued an interpretation in 1999[1] stating that a set of brake lights, functioning as supplemental stop lights when brakes are applied, may be installed adjacent to compliant three-lamp cluster rear identification lamps. [emphasis added] This reading is somewhat inaccurate. In that letter, the product addressed was a light bar which contained the required cluster of three identification lamps. Those same three bulbs also acted as supplemental stop lamps by increasing in intensity when the brakes were applied. In addressing the increased brightness, we stated that the effectiveness of [the identification lamps] would not be impaired by an increase in the intensity of the lamps when the brake pedal is applied. [emphasis added] The distinguishing difference between this product and the one you ask about is that the product addressed in the 1999 letter maintained the characteristic three-lamp cluster indicative of identification lamps even when acting as a supplemental stop lamp, whereas the additional eight lamps of your clients design would effectively mask the three-lamp cluster, turning it into an eleven-lamp cluster. Table II of Standard No. 108, which lays out in detail the location and many characteristics of required lighting equipment for truck trailers, is specific that three lamps are to be used, as well as to their required configuration.

In your second argument, you noted a letter sent by this agency in 2005,[2] which stated that auxiliary lamps should be located sufficiently distant from the three-lamp ID cluster so as not to impair its effectiveness. You then proceed to state that:

It is not the precise number of lights, three, that indicates the presence of a large vehicle in the roadway. It is the presence of a series of high-mounted lights across the rear of the trailer.

This logic deviates from the logic that NHTSA has used for some time in creating a standardized system for lighting symbols on the highways. In a 1999 letter of interpretation, we summarized our position as follows:

Intuitively, it may seem to you that providing additional stop lamp, turn signal, and taillamp functions can only enhance motor vehicle safety. However, we are convinced that our current standardized approach to motor vehicle lighting has positive safety benefits by virtue of its broad public and international acceptance, and that lighting equipment that is required by Standard No. 108 for a specific purpose ought not to be used for a different purpose. A driver, when confronted

with a signal, must not be confused and must react to it as quickly as possible. The use of the outer lamps of the identification lamp cluster as supplementary turn signals, carry the potential for confusion and hence impairment of the lamps[3]

Thus, we believe that the three-lamp cluster, by virtue of the standardization ensured by Standard No. 108, is inherently safer than other, non-conforming patterns of lamps such as an eleven-lamp cluster. This is also why we reject the argument you make that the additional high-mounted turn lights would, when activated, make the trailers presence even more pronounced. While the additional lamps would perhaps make it brighter, the obscuring of the highway-standard three-lamp cluster would outweigh that benefit.

You also argue that with regard to an identification lamp cluster, three bulbs is a minimum according to paragraph S5.1.1. You state that the number of identification lamps may be any number exceeding two (including 11). We disagree that this is a correct interpretation of the language in that paragraph. The relevant language of paragraph S5.1.1 reads:

Each vehicle shall be equipped with at least the number of lamps, reflective devices, and associated equipment specified in Tables I and III and S7, as applicable

This language simply indicates that FMVSS No. 108 specifies requirements for a minimum number of lamps, reflective devices, and associated equipment. We note that it does not permit additional lamps that interfere with the functioning of the required lighting equipment, or alter established lighting systems, contrary to paragraph S5.1.3.

NHTSA has previously stated that the identification lamp system must consist of no more than three lamps. For example, in 2003, NHTSA made the following statement:

[A]n identification lamp system complying with Standard No. 108 cannot have more than three lamps. You have correctly interpreted Standard No. 108 to your prospective customers who have expressed an interest in having an array of more than three such lamps.[4]

Finally, you point to a 1991 letter of interpretation to J.C. Brown,[5] which stated that an auxiliary high mounted stop light and turn signal complied with the requirements of FMVSS No. 108 as lending support to the argument that your clients product would be compliant. The 1991 interpretation concerns an auxiliary center high mounted stop lamp/turn signal that was to be installed on trailers in close proximity to the three-lamp identification cluster. In that letter, the agency concluded that the auxiliary lamps were permitted despite concern that they could mask the light from the identification cluster when activated. The agency reasoned that because of the presence of clearance lamps, which also serve the purpose of identifying the vehicle, the fact that the light from the identification cluster might be temporarily masked did not impair its effectiveness for purposes of section S5.1.3.

In the instant matter, our concern is not that the auxiliary stop and turn signal lamps could mask the light, but rather that they necessarily will obscure the standard three-lamp cluster that NHTSA has determined to be the standard for identification lamps, by turning it into an unrecognizable eleven-lamp cluster. We note that while you stated the eleven-lamp cluster would significantly enhance safety, no engineering data were provided to support this assertion.

If you have any further questions, please contact Ari Scott of my staff at (202) 366-2992.

Sincerely yours,

Anthony M. Cooke

Chief Counsel

ref:108

d.4/25/07

Mr.Carl Dietrich

CEO/CTO

Terrafugia, Inc.

25 Mason Street,

Somerville, MA 02144

Dear Mr. Dietrich:

This is in response to your letter of August 29, 2006, in which you asked if the Transition roadable aircraft would be classified as a motor vehicle. As explained below, our answer is yes.

By way of background, the National Highway Traffic Safety Administration (NHTSA) has the authority under the National Traffic and Motor Vehicle Safety Act (Safety Act, 49 U.S.C. 30101 et seq.) to regulate motor vehicle safety. The Safety Act at 30102(a)(6) defines "motor vehicle" as:

A vehicle driven or drawn by mechanical power manufactured primarily for use on public streets, roads and highways, but does not include a vehicle operated only on a rail line.

In your letter, you state that the Transition is an airplane that is capable of folding its wings and driving down the road to the pilots home or destination. In addition, the illustrations you provide with your letter show the Transition driving on a public highway with other traffic. As it is both capable of and intended for use on the public streets, roads and highways (public roads), the Transition would be considered a motor vehicle and subject to the applicable safety regulations.

You indicate in your letter that you believe the Transition should not be considered a motor vehicle because motor vehicles are manufactured primarily for use on public streets, while on the typical trip of 350 miles a Transition would spend only 18% of its time on land, spending the rest of the time in the air. Thus, you claim that the Transition is manufactured primarily for flight and not primarily for use on public roads.

We take a broader interpretation of the word primarily. Whether a vehicle is a motor vehicle under the Vehicle Safety Act depends on its intended or likely use on the public roads, and not on whether use on public roads constitutes a majority of its operating time. The word primarily refers to use on public roadways as a primary purpose of the

vehicle, as opposed to on-road use that is merely incidental. It is clear from the design of the Transition and from your letter that the on-road use of the vehicle is one of the primary functions for which the vehicle was manufactured. As this vehicle will spend a substantial amount of time on public roads, and was manufactured to do so, NHTSA will consider the Transition a motor vehicle.

This vehicle is intended for use in two modes of transportation, i.e. highway and aviation. The statute excludes on those vehicles that are used exclusively on a rail line. When on the ground, the vehicle is driven by mechanical power and, unlike other vehicles capable of flight that are intended to be driven only on runways and taxiways, the primary purpose of this vehicles being driven is for use on public roads.

This interpretation is consistent with others issued by this office in the past. A February 16, 1982, letter to Mr. Roger Olander stated that a three-wheel flying car was a motor vehicle under the Safety Act. Our January 24, 2006, letter to Mr. Paul Larkin stated that an amphibious vehicle was considered a motor vehicle. Copies of these letters are enclosed.

If you have any additional questions, please contact Ari Scott of my staff at (202) 366-2992.

Sincerely,

Anthony M. Cooke

Chief Counsel

2 Enclosures

ref:571

d.10/26/06