Interpretation ID: nht92-9.53

DATE: January 13, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Tadoru Yamamoto -- Technical Administration Div., Hino Motors, Ltd.

TITLE: None

ATTACHMT: Attached to letter dated 11/1/91 from Tadoru Yamamoto to Paul Jackson Rice (OCC 6648)

TEXT:

This responds to your letter concerning Federal Motor Vehicle Safety Standard 113, Hood Latch System. You ask two questions about the applicability of the standard's requirements to your vehicle. As explained below, the vehicle must have a hood latch system, but need not have a second latch position on the system or a second hood latch system.

By way of background information, NHTSA does not provide approvals of any vehicle or equipment. Under the Vehicle Safety Act, it is your responsibility as a manufacturer to determine whether your vehicles and equipment comply with all applicable safety standards and regulations, and to certify your products in accordance with that determination. The following interpretation represents the agency's opinion based on the information provided in your letter.

Standard 113 requires that a vehicle's hood must have a hood latch system (S4.1). The standard also requires a front opening hood to have a second latch position on the latch system or a second hood latch system, if the hood has any open position that partially or completely obstructs a driver's forward view through the windshield (S4.2). The standard defines "hood" as "any exterior movable body panel forward of the windshield that is used to cover an engine, luggage, storage, or battery compartment" (S3).

Your first question asks about the general applicability of Standard 113's requirements to your vehicle. You believe your vehicle is not subject to any of the standard's requirements because the front panel of the vehicle is not forward of the windshield, and is therefore not a "hood" as defined by Standard 113.

We disagree. According to the drawing you provided with your letter, the body panel appears to be forward of the windshield. We would consider the panel to be a hood, and subject to S4.1's requirement for a hood latch system.

Whether the hood must have a secondary latch for the hood (either a second latch position on the hood latch system or a second latch system) is the subject of your second question. The answer is that the hood need not have the secondary latch. The secondary latch is required by S4.2 only for a front opening hood. According to the drawing you provided, your hood is essentially vertical, with the opening on the bottom of the hood. We consider a hood such as yours that is essentially vertical not to be a front opening hood.

We note that a secondary latch for front opening hoods is required because such a hood is particularly hazardous if it were to unlatch during vehicle operation. The front opening design of the hood lends itself to flying open while the vehicle is moving, obstructing the driver's view through the windshield. However, an essentially vertical hood such as yours does not lend itself to such openings if it were to become unlatched. The secondary latch is therefore not required by the standard.

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