Interpretation ID: nht93-5.10

TYPE: INTERPRETATION-NHTSA

DATE: July 7, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Lanny Kness -- Coach Design Engineer, Chance Coach, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 4/14/93 from Lanny Kness to John Womack

TEXT:

This responds to your request for an interpretation of two sections of Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and displays (49 CFR S571.101). You ask whether S5.1 requires a turn signal control to be hand operated. As explained below, the answer is no. You also ask whether S5.3's illumination requirements can be met by two different means: reflected light, and an overhead light. The answer is no.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its motor vehicles or equipment comply with applicable safety standards. The following represents our opinion based on the facts provided in your letter.

Your first question asks whether S5.1 requires a turn signal control to be hand operated. S5.1 specifies location requirements for each control listed in S5.1 "that is furnished." S5.1 does not require manufacturers to furnish any control, such as a hand-operated turn signal control, or prohibit manufacturers from providing an unlisted control, such as a foot-operated turn signal control. While FMVSS No. 108, Lamps, reflective devices, and associated equipment (49 CFR S 571.108) specifies the "turn signal operating unit" as required equipment, it does not specify that the unit be hand operated. (See S5.1.1 and Table I of FMVSS No. 108.)

Your second question asks whether the following proposed method of illuminating the windshield wiper/washer control complies with S5.3.3 of Standard No. 101. You state that the wiper/washer control is located on the dashboard and at night, the "control knob's identification" can be barely seen from indirect lighting coming from other controls and displays. The wiper washer control would become "very discernible" by turning on an "overhead driver's controlled light."

For the following reasons, the above described method of illuminating the wiper/washer control would not comply with Standard No. 101. S5.3.3(a) requires means to be provided to make controls visible to the driver under all driving conditions. S5.3.3(b) states that "the means" (emphasis added) for providing the required visibility:

(1) Shall be adjustable, except as provided in S5.3.3(d), to provide at least two levels of brightness, one of which is barely discernible to a driver who has adapted to dark ambient roadway conditions.

S5.3.3(b) therefore requires that a single control (i.e., "the means") be adjustable to provide at least two levels of brightness. Under your proposal, however, two different means must be used to provide two levels of brightness. The overhead driver's light would provide one level of brightness, that makes the control "very discernible." The other level of brightness (one barely discernible to the driver) is provided from reflected light given off by other controls and displays located on the dashboard. Since no single "means" that you propose for illumination would be adjustable to provide at least two levels of brightness, your proposal would not comply with S5.3.3 of Standard No. 101.

I hope that this information is useful. If you have any further questions, please contact Dorothy Nakama of my staff at (202) 366-2992.