Interpretation ID: nht80-3.24

DATE: 07/30/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Volkswagon of America, Inc., Dietmar K. Haenchen, Administrator, Vehicle Regulations

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Dietmar K. Haenchen Administrator Vehicle Regulations Volkswagen of America, Inc. 27621 Parkview Boulevard Warren, Michigan 48092

Dear Mr. Haenchen:

This is in reply to your letter of April 2, 1980, asking for information of your interpretation of Section 4.3.1 of Motor Vehicle Safety Standard No. 108.

This section states that lamps "shall be securely mounted on a rigid part of the vehicle ... that is not designed to be removed except for repair." It is your belief that this section would allow a configuration in which back-up lamps and license plate lamps could be mounted on the deck lid.

We concur with this interpretation. The requirement for rigidity is meant to insure that lamps and reflectors do not sway in the wind on hinges or flexible mud flamps when the vehicle is in motion. The passenger cars you propose to manufacture will normally be operated with the deck lid closed and the lamps in full view on a rigid part of the vehicle as the standard requires. However, placement of a stop lamp and taillamp on a deck lid could be viewed as a defect in performance, and hence a safety related defect requiring notification and remedy.

Sincerely

Frank Berndt Chief Counsel

2 April 1980

CERTIFIED MAIL

Subject: Interpretation - FMVSS 108

Dear Mr. Berndt:

Volkswagen requests your concurrence of our interpretation of FMVSS 108; lamps, reflective devices, and associated equipment as it applies to the mounting of lamps as specified in section S4.3.

Subsection S4.3.1 states ...each lamp, reflective device, and item of associated equipment shall be securely mounted on a rigid part of the vehicle other than glazing that is not designed to be removed except for repair,...

It is Volkswagen's opinion that the above requirement would not preclude the mounting of lamps on movable flaps such as a deck lid since the deck lid is a rigid structure removed only for repair. With this rationale, present planning by Audi NSU Auto Union is to incorporate the backup lamps and license plate lamps into the deck lid of several future models (see attached sketch).

Marx Elliott of the NHTSA in a phone conversation with a member of my staff, indicated that he thought Volkswagen's interpretation was correct, however, he recommended that we obtain a interpretation from your office.

Response to this request at your earliest convenience will be greatly appreciated.

Sincerely,

VOLKSWAGEN OF AMERICA, INC.

Dietmar K. Haenchen

Encl.