Interpretation ID: NCC-220915-001 Speedometer Conformity Interp Letter
March 21, 2023
Chris Cowen
Port Intelligence Officer
Customs and Border Protection Tactical Operations
104 Bridge Approach Plaza
Ogdensburg, NY 13669
Dear Mr. Cowen:
This responds to your email to the National Highway Traffic Safety Administration (NHTSA) requesting a determination as to whether certain vehicles imported into the United States from Canada comply with applicable Federal Motor Vehicle Safety Standards (FMVSS) relating to speedometers. Specifically, you ask whether vehicles equipped with both an analog speedometer that displays only in kilometers per hour (km/h) and a multifunction display that is capable of displaying in miles per hour (MPH) if the driver selects that option would be permissible for importation into the United States without modification.
Based on the requirements of FMVSS No. 101, Controls and displays, the answer is no. These vehicles do not conform to NHTSA’s requirements and thus are not eligible for importation without modification. Please note that our answer is based on our understanding of the specific information provided in your email.
Background
The National Traffic and Motor Vehicle Safety Act of 1966 (Safety Act, 49 U.S.C. Chapter 301) authorizes NHTSA to issue safety standards applicable to motor vehicles and items of motor vehicle equipment. However, NHTSA does not approve motor vehicles or motor vehicle equipment. Instead, the Safety Act establishes a self certification process under which each manufacturer is responsible for certifying that its products meet our safety standards. This agency periodically tests vehicles and equipment items for compliance with the standards and investigates alleged safety-related defects.
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Mr. Chris Cowen
Of relevance to your request, NHTSA issued Federal Motor Vehicle Safety Standard No. 101 (49 CFR § 571.101), which primarily ensures the accessibility, visibility, and recognition of motor vehicle indicators, including speedometers, to reduce safety hazards caused by diversion of the driver’s attention. This standard specifies performance requirements for location, identification, color, and illumination of motor vehicle indicators. It applies to passenger cars, multipurpose passenger vehicles, trucks, and buses.
Discussion
The questions inherent in your request, as we understand it, are below:
- Do the speedometers meet the FMVSS No. 101 definition of an indicator?
- If so, does each indicator meet the requirements of FMVSS No. 101?
Regarding the first question, paragraph S4 of FMVSS No. 101 defines an indicator as “a device that shows the magnitude of the physical characteristics that the instrument is designed to sense.” Table 1 of FMVSS No. 101 specifies that speedometers are, in fact, indicators.
Regarding the second question, paragraph S5 of FMVSS No. 101 states that all covered vehicles fitted with indicators listed in Table 1 must meet the requirements for the location, identification, color, and illumination of those indicators.
Based on our review of the photographs you provided, the speedometers at issue appear to satisfy the requirements for location and color, in accordance with paragraph S5.1 “Location” and paragraph S5.4 “Color.”
We now turn to the identification requirement. Table 1 specifies that speedometers must be identified with units of measurement, using either “MPH” or “MPH and km/h.” You provided pictures of two speedometers: an analog gauge displaying only metric units (km/h) and a digital display that allows the driver to select U.S. customary units (MPH). The analog gauge clearly does not meet the identification requirement of Table 1 because it is marked only in km/h. Next, we consider whether the digital display, defined as a multi-task display in paragraph S4 of FMVSS No. 101, meets the requirement. A multi task display is a display on which more than one message can be shown simultaneously. For example, the display here reportedly presents a layered menu of functions that the driver can change. If the driver selects the digital “MPH” display, the speedometer appears to meet the requirements of FMVSS No. 101. If, however, the driver selects a different menu option (or no menu option), the speedometer no longer displays “MPH.” Therefore, the multi-task display, by itself, does not meet the identification requirement that “MPH” always be displayed, and in the absence of an analog speedometer that displays MPH, this vehicle would not be compliant with FMVSS No. 101.
We have not evaluated the “illumination” requirement, as your correspondence does not provide sufficient information to allow us to do so.
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Mr. Chris Cowen
In sum, an indicator, including a speedometer, must meet all requirements of FMVSS No. 101. For the reasons enumerated above, the requirements of the FMVSS are not met and the vehicles are noncompliant. Therefore, vehicles containing these instruments are not eligible for importation into the United States without modification.
I hope this information is helpful. If you have any further questions, please feel free to contact Terrence Sommers of my staff at this address or at terrence.sommers@dot.gov.
Sincerely,
John Donaldson
Acting Chief Counsel
Dated: 3/23/23
Ref: Standard No. 101