Interpretation ID: aiam0800
Director/General Manager
Toyota Motor Sales
U.S.A.
Inc.
Factory Representative Office
Lyndhurst Office Park
1099 Wall Street
West
Lyndhurst
NJ
07071;
Dear Mr. Nakajima: This is in reply to your letter of June 27, 1972, asking whether th temporary covers which you intend to use to protect a vehicle's upholstery during shipment and storage in a dealer's yard are permitted despite their nonconformity with Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials'. You indicate that you plan to take four steps to ensure that the covers are removed by the dealer before delivery to a customer.; While you may follow the procedure you have specified, your first ste (the attachment of a statement to the windshield pursuant to 12.80(b)(2)(iv) of each car stating that the vehicle does not conform to FMVSS No. 302, but will be brought into conformity when the covers are removed by the dealer) appears unnecessary. The NHTSA has determined that such covers will not be subject to the standard and may be installed without affecting the vehicle's conformity, if the manufacturer takes appropriate steps to ensure that the covers are removed before the car is put into use.; Two steps which should be taken to manifest this intent are: (1 placing the covers in the vehicle in such a way that their use after purchase is unlikely, and (2) making adequate provision that the covers are removed before sale to the purchaser. Although you appear to deal adequately with the second step, you should also place the covers in the vehicle in such a way that their use after purchase is unlikely. If Toyota does take these steps, then the temporary covers would not be required to conform to Standard No. 302.; Yours truly, Richard B. Dyson, Assistant Chief Counsel