ID: nht94-4.59

TYPE: INTERPRETATION-NHTSA

DATE: October 24, 1994

FROM: Bryan J Williams -- Director, International Operations, Red Spot Paint And Varnish Co., Inc.

TO: Taylor Vinson -- Office Of Chief Counsel, NHTSA

TITLE: REF: Request For Written Interpretation / FMVSS108 and AAMVA Listing

ATTACHMT: ATTACHED TO LETTER DATED 12/7/94 FROM PHILIP R. RECHT TO BRYAN J. WILLIAMS (A42; REDBOOK 2; STD. 108)

TEXT: Red Spot Paint & Varnish Co. Inc. is a manufacturer of specialty coatings for plastics. Our major market is for automotive applications; one of which is UV Curable SRC coatings for polycarbonate headlamp lenses. These products (specifically UVT200) pro vide abrasion resistance properties as well as protecting the plastic lens from the deleterious effects of outdoor exposure.

UVT200 has approvals from Ford Motor Company, General Motors and Chrysler Corporation for application on polycarbonate headlamp lenses to Specifications ESB-M80J-3A, MG5060 and MS-PP5-5 respectively. The coating was approved following the completion of 3 year Florida and Arizona weathering; measurements indicating the coating's conformity to the standards of SAEJ576(c) [1970] ref: chromaticity, haze, luminous transmittance and appearance were performed by the Red Spot Test Laboratory (which has "Self C ertifying" status from these US automakers.) The coating is currently being used in production at finishers for all three of these OEMs; there have been no questions about the "acceptability" of this coating on polycarbonate from any US State or Territor y.

I have received several requests from overseas headlamp manufacturers (potential users of UVT200) with respect to the fact that UVT200 does not appear on the American Association of Motor Vehicle Administrators (AAMVA) "Listing of Acceptable Plastics for Optical Lenses and Reflectors Used on Motor Vehicles."

The question for which written interpretation is requested is as follows:

Must a coating for plastic (polycarbonate) headlamp lenses appear on the AAMVA "Listing . . ." in order to meet the requirements of FMVSS108?

The perception exists among overseas headlamp manufacturers that AAMVA Listing of a coating is required by Federal Law . . . that appearance on this list is a prerequisite for the certification to FMVSS108 standards.

Your written comments clarifying the status of AAMVA (and their "Listing . . ." publication) and its relationship to Federal Motor Vehicle Safety Standards are requested.

Please respond via facsimile to (812) 467-2388 to my attention.

Thank you for your attention to this matter and I shall await your response. If you have questions or find issues which require further clarification, please contact me directly: Bryan J Williams

Director, International Operations

Red Spot Paint & Varnish Co. Inc.

1111 East Louisiana Street

Evansville IN 47711

P: (812) 428-9192

F: (812) 467-2388

ID: nht94-4.6

TYPE: INTERPRETATION-NHTSA

DATE: August 18, 1994

FROM: Ken Daining -- Supervisor, Vehicle Test and Development, ITT Automotive

TO: Marvin Shaw -- NHTSA

TITLE: None

ATTACHMT: ATTACHED TO 3/8/95 LETTER FROM PHILIP R. RECHT TO KEN DAINING (REDBOOK (2)); STD. 105

TEXT: I received your name through a recent phone conversation with Mr. George Soodoo. I work for ITT Automotive as the supervisor of the Chrysler vehicle ABS/TCS test and development department. I am interested in obtaining information relating to any existi ng (or future) legislation on the legalities of an ABS on/off switch. Currently, Chrysler Jeep owners which enjoy serious off-road driving, disengage their ABS because of the perceived degraded performance it offers on off-road situations. One proposal being kicked around is the possibility of automatically disengaging ABS function through the shifting of the vehicle into the 4WD-LO configuration (as most serious off-roaders do today). Any information you can provide will be very helpful. Thank you for your time and cooperation.

ID: nht94-4.60

TYPE: INTERPRETATION-NHTSA

DATE: October 24, 1994

FROM: Mariano Garcia -- Ricca & Whitmire

TO: Chief Council, NHTSA

TITLE: Re: Whether or not the D.O.T. regulates the manufacturing or certification of Kawasaki "Mule" KAF 450-B1

ATTACHMT: Attached to 1/17/95 letter from Philip Recht to Mariano Garcia (A43; VSA 102(3))

TEXT: To Whom It May Concern:

This is to request a brief statement regarding whether or not the above referenced vehicle is covered by D.O.T. Regulations. I attach a brochure for your reference. This vehicle is primarily used as an "off-road" light utility vehicle.

Therefore, please state if any regulations apply. I sincerely appreciate your help and response.

Sincerely

Enclosure:

Mule 1000/2510 brochure.

(Text omitted. See original document.)

ID: nht94-4.61

TYPE: INTERPRETATION-NHTSA

DATE: October 25, 1994

FROM: Matt Decker -- Project Engineer, Wenger Corporation

TO: Ricardo Martinez -- Administrator, NHTSA

TITLE: Subject: Petition for Exemption of FMVSS 108 (Section only with reference to the addition of trailer conspicuity)

ATTACHMT: ATTACHED TO LETTER DATED 11/16/94 FROM PHILIP R. RECHT TO MATT DECKER (A42; STD. 108; PART 555)

TEXT: The Wenger Corporation of Owatonna, Minnesota, U.S.A. is petitioning for exemption from Federal Motor Vehicle Safety Standard No. 108; Lamps, reflective devices, and associated equipment as it relates to the conspicuity treatment in S5.7 (effective date December 1, 1993).

The Wenger Corporation manufactures and sells a complete line of music education and performance equipment. Wenger Showmobiles, mobile performance stages in trailer form, are offered and sold primarily to city municipalities such as Park and Recreation Departments throughout the United States. As you can see from the enclosed advertising literature, aesthetics is of major concern to our customers. The addition of the conspicuity striping is unacceptable for many of our potential customers because of how it would impact their graphics on the sides and rear of the product.

The annual sales volume for this particular product is approximately 20 (twenty). The Gross Vehicle Weight Rating (GVWR) is 13500 lbs. Average annual mileage after delivery of this product ranges from a low of 25 miles to a high of 500 miles. Our cust omers generally store this product within their city yards. This product is typically towed by a 1-1/2 ton pick-up truck or city truck to the performance site which is normally within the city limits. The performance sites can vary from a closed off st reet to the middle of a city park.

In summary the Wenger Showmobile product is a low mileage vehicle that is generally parked off-road at night, either on private city property or city parks. Exterior appearance (graphics) is very important to owners of this product. With utmost importa nce it is Wenger Corporation's opinion that exemption from the conspicuity requirement would not have an adverse effect upon safety with regards to the Showmobile product.

Please review the information included with this petition and offer your ruling as soon as possible. If there are any questions relating to this petition please direct them by telephone or in writing to:

The Wenger Corporation

Attention: Matt Decker

555 Park Drive Owatonna, MN 55060

Telephone: (507) 455-4100 Ext. 174

ID: nht94-4.62

TYPE: INTERPRETATION-NHTSA

DATE: October 26, 1994

FROM: Recht, Philip R. -- Chief Counsel, NHTSA

TO: Platt, Debra, (Florida)

TITLE: NONE

ATTACHMT: Attached To 8/29/94 Letter From Debra Platt To NHTSA Office Of Chief Council (OCC 10334)

TEXT: This responds to your letter of August 29, 1994, in which you inquire whether a child "partially sitting on a bus seat [is] provided crash protection of Standard 222." You explain that you were referring to a third child sitting on the edge of a bus seat nearest the aisle. The child can only face the seat across the aisle, rather than face forward, because the bench seat is overcrowded.

Some background information would be helpful in responding to your question. 49 U.S.C. 30101, et seq. (formerly known as the National Traffic and Motor Vehicle Safety Act of 1966) provides this agency the authority to issue Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. Each new vehicle or item of equipment that is sold to the consumer must comply with all applicable FMVSSs in effect on its date of manufacture. However, once the vehicle or equipment is sold, the use of that product becomes a matter of State jurisdiction. NHTSA has no authority to regulate the operation of used vehicles or items of equipment.

With respect to school buses, it has been shown that school bus transportation is one of the safest forms of transportation in America (see enclosed School Bus Safety Report, May 1993). Every year, approximately 380,000 public school buses travel approx imately 3.8 billion miles to transport 22 million children to and from school and school related activities. Occupant deaths per vehicle mile travelled in school buses are about one-fourth those in passenger cars. Crash protection in large school buses , those with a gross vehicle weight rating (GVWR) of over 10,000 pounds and which typically seat 16 or more, is provided by "compartmentalization." That concept requires strong, well-padded, well-anchored, high-backed and evenly-spaced seats for school b us occupant protection. Compartmentalization has been shown to be effective by independent studies of the National Transportation Safety Board and the National Academy of Sciences. Small school buses, on the other hand, those with a GVWR of 10,000 poun ds or less and which typically seat fewer than 16 occupants, must be equipped with lap or lap/shoulder belts at all designated seating positions.

Turning to your inquiry, this agency agrees it is far less safe for children to sit on the edge of school bus seats, facing the seat across the aisle, rather than face forward. To get the full benefit of compartmentalization, the child occupant should f ace forward to be cushioned and contained between the strong, well-padded seat backs on the school bus. Thus, Standard 222 requires school bus passenger seats to be forward-facing (paragraph S5.1). When a child is sitting on the edge of the bus seat, a s you described, it would seem that either the school bus is overloaded or the passengers are seating themselves improperly, indicating a possible lack of adequate supervision. This agency is seriously concerned about such conditions, but as pointed out above, once a vehicle is sold to the first retail customer, the use of that vehicle becomes the responsibility of the State.

Since the States regulate the use of school buses, we recommend that you contact your State and/or local pupil transportation or school officials to inform them of your concerns. The Governor's highway safety representative for Florida is:

Mr. Frank Carlile

Assistant Secretary for Transportation Policy

605 Suwanne St., MS-57

Tallahassee, FL 32399-0450

Telephone: (904) 922-5820

I am also enclosing for your information a copy of Highway Safety Program Guideline No. 17, Pupil Transportation Safety. This publication was issued jointly by this agency and the Federal Highway Administration and provides recommendations to the states on the operational aspects of their school bus and pupil transportation safety programs. Although these recommendations are not mandatory, they might be helpful in your discussions with school officials.

I hope this information is helpful to you. Should you have any further questions or need additional information, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992.

ID: nht94-4.63

TYPE: INTERPRETATION-NHTSA

DATE: October 26, 1994

FROM: Recht, Philip R. -- Chief Counsel, NHTSA

TO: Gupta, Rishi -- Autolite (India) Limited

TITLE: NONE

ATTACHMT: Attached To 8/29/94 Letter From Rishi Gupta to Richard Van Iderstine (OCC 10324)

TEXT: This is in reply to your FAX of August 29, 1994, to Richard Van Iderstine of this agency. For future reference, requests for interpretations of U.S. Federal motor vehicle safety regulations should be addressed to the Office of Chief Counsel.

You have asked whether the size and types of aiming pads you propose to place on headlamps manufactured by Autolite conform to DOT specifications. You describe these headlamps as "a 7" round and a 200 x 142 mm rectangular replaceable halogen sealed beam s [which] use a replaceable halogen bulb (HB2)." You enclosed diagrams showing "aiming pad's position as per SAE J1383 - 1992" (Figures 1 and 3), and in the manner you wish to place them on the Autolite lamps (Figures 2 and 4). We understand that these replaceable bulb headlamps are intended to be sold as replacements for sealed beam headlamps of the same dimensions.

Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment, is the DOT specification that applies to Autolite's headlamps. The aimability performance requirements for non-sealed beam headlamps are found in S7.8. of Standard No. 108. S7.8 allows any aiming pad pattern that will fit on the headlamp and that will allow any one of the available aiming adapters described in SAE J602 to be used on the headlamp.

Specifically, S7.8.1 in pertinent part allows non-sealed beam headlamps to be equipped with aiming pads to be used with the photometric procedures of SAE J1383 APR85 (not "1992" as you wrote) when being tested for photometric compliance, and to serve for the aiming reference when the lamp is installed on a motor vehicle. S7.8.5 allows an installed headlamp system to be aimable with an externally applied aiming device. Under S7.8.5.1, this aiming device shall be the equipment specified in SAE Standard J602 OCT80 Headlamp Aiming Device for Mechanically Aimable Sealed Beam Headlamp Units.

You write that the aiming pad sizes and types you wish to use are identical to those on headlamps sold by Hella, and that ETL Testing Laboratories has told you that the aiming pad positions and types meet DOT specifications. This indicates that Autolite 's headlamps would be mechanically aimable with SAE J602 equipment, and therefore permissible as meeting Standard No. 108. We recommend that Autolite verify mechanical aimability with SAE J602 equipment before certifying compliance with Standard No. 108 .

Our engineering staff has reviewed your letter and asks that we point out the following errors in Autolite's Figures Nos. 2 and 4. Under both Figures, there is a reference to "HB-2 (H4 P43t)." The HB2 light source is not the same as the H4 P43t light so urce. The HB2 is a light source permitted by Standard No. 108 while the H4 P43t is not permitted by the Standard for motor vehicles. Under the drawing, the dimension "68.5" should be "68.58 +/- 0.51" (see Figure 4-4 of Standard No. 108). The dimensions of "32" and "52.0" must be the sum of two dimension "A"s from Figure 4-4, thus the sum is 42.16 +/- 0.25 + 42.16 +/- 0.25 = 84.32 +/- 0.50, not 84 as nominally calculated. Finally, with respect to Figure 4 only, because this lamp is intended to replace a 200 x 142 mm sealed beam lamp, the position of the aiming pads are not, but should be identical to the 200 x 142 mm sealed beam to facilitate mechanical aim when only one headlamp is replaced.

ID: nht94-4.64

TYPE: INTERPRETATION-NHTSA

DATE: October 27, 1994

FROM: Philip R. Recht -- Chief Counsel, NHTSA

TO: Thomas L. Wright -- Coordinator, Technical Support New Jersey Division of Motor Vehicles

TITLE: None

ATTACHMT: ATTACHED TO LETTER DATED 7/15/94 FROM THOMAS L. WRIGHT TO ROBERT HELLMUTH

TEXT: This responds to your letter of July 15, 1994, to Robert Hellmuth of this agency requesting an opinion whether brush guards offered as accessories for Range Rovers and installed in front of headlamp units are in violation of Standard No. 108.

Our letter is based upon the configurations of "brush bars" depicted as accessory equipment in a 1994 Range Rover brochure. The brochure notes that brush bars "may be illegal for on-road use in some states. Please check local regulations before purchas e, installation, or use." We note that this advisory applies to the rear lamp guards as well. The purpose of the brush bar is to offer protection to the grille, radiator, and front and rear lamps, and it does so by incorporating three slender horizontal bars in front of the lenses of the front and rear lamps.

Paragraph S7.8.5 of Standard No. 108 states that headlamps when activated "shall not have any styling ornament or other feature, such as a translucent cover or grille, in front of the lens." The lamp guard portion of the brush bar is the type of "other f eature . . . in front of the lens" that is prohibited by Standard No. 108. Thus, under Federal law, a Range Rover could not be displayed for sale and sold with a brush bar installed unless the lamp guards had been removed. This should present no proble m as, according to the brochure, the "lamp protectors are easily removable for cleaning and maintenance." In our view, the proper time for installation of the lamp protectors is when the vehicle begins to be used off-road.

Although there is no similar direct prohibition in Standard No. 108 applicable to other vehicle lamps, the parking lamps, turn signal lamps, and rear lamps are required to conform with the photometric requirements of Standard No. 108 when the lamp guards are in place. This is based upon two paragraphs of the standard. S5.3.1.1 prohibits any part of a vehicle from preventing parking lamps, turn signal lamps, and rear lamps from meeting the required photometric output. S5.1.3 prohibits the installation of supplementary motor vehicle equipment that impairs the effectiveness of lighting equipment that Standard No. 108 requires as original equipment.

The guards are designed for maintenance by the owner, and their installation by the owner after purchase of the Range Rover would not be in violation of Federal law, even if installed for on-road use. Operation of the Range Rover is subject only to Stat e law, and a State may forbid on-road use of a Range Rover with the lamp guards installed if it so chooses.

ID: nht94-4.65

TYPE: INTERPRETATION-NHTSA

DATE: October 27, 1994

FROM: Philip R. Recht -- Chief Counsel, NHTSA

TO: Bruce Monnie -- Senior Designer, Advanced Design Associates

TITLE: None

ATTACHMT: ATTACHED TO LETTER DATED 8/5/94 FROM BRUCE MONNIE TO NHTSA CHIEF COUNCIL (OCC 10253)

TEXT: This responds to your letter asking about Federal requirements for a product you have developed to improve the securement of child safety seats. You stated that the product is a one-piece steel bracket which "is installed on the seatbelt of the vehicle, to prevent slippage between the lap and shoulder portions of the seatbelt and to tighten up slack in the lap portion of the seatbelt." You indicated that the product would be installed on a temporary basis and that it would be sold in the "aftermarket" to persons owning child restraint systems. You request an interpretation of whether Standards No. 209, 213, or any other standard would apply to your device.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue Federal motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. The agency does not approve, certify or endorse any vehicles or equipment. Instead, manufacturers are required to certify that their vehicles and equipment meet all applicable standards. The following represents our opinion based on the facts provided in your letter.

There is currently no Federal motor vehicle safety standard that would apply to your product. It appears from your description of the product that it would be a type of device that we call a "locking clip." A locking clip is a bracket into which a vehic le's lap and shoulder belt webbing is threaded. A locking clip tightens the webbing around a child safety seat and prevents the safety seat from moving easily. We have no safety standard that applies to locking clips. Standard 209 sets forth requiremen ts for new seat belt assemblies. However, since your product would not be installed as part of a new seat belt assembly, the standard would not apply. Standard 213 is our standard for child restraints. It applies to "any device except Type I or Type I I seat belts, designed for use in a motor vehicle or aircraft to restrain, seat, or position children who weigh 50 pounds or less" (S4 of Standard 213). Since your device would not itself restrain, seat or position a child, it would not be a child restr aint system. Therefore, Standard No. 213 would not apply to your product.

While no FMVSS applies to your product, your device is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements of 49 U.S.C. @@ 30118-30121 concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those and other manufacturer responsibilities. n1 In the event you or NHTSA determines that your product contains a safety-related defect, you would be re sponsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

n1 Please note that the "National Traffic and Motor Vehicle Safety Act" and the "Motor Vehicle Information and Cost Savings Act" to which the information sheet refers have recently been recodified in Title 49 of the United States Code. This means tha t the citations used in the information sheet are outdated; however, the substantive requirements described in the sheet have not changed.

In addition, manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to 49 U.S.C. section 30122, which prohibits them from installing the device if the installation "makes inoperative" compliance with any safety standard. I t appears unlikely from the nature of your product that it would be placed in vehicles by commercial businesses instead of child restraint owners. However, if your product were to be installed by persons in those categories, they must ensure that its in stallation does not compromise the safety protection provided by a child restraint system or the vehicle belt system. The prohibition of section 30122 does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment.

Please note that we have a concern about the possible misuse of your device. Our safety standards require specific levels of performance for a vehicle's safety belt system. For example, Standard 208 has requirements that ensure that a vehicle's lap and shoulder belts are installed to distribute the crash forces over the skeletal structure of the occupant. The safety standards also have requirements for belts to automatically lock and retract. Your device attaches to the belt system, and will stay in place until the consumer removes it. Since it attaches to the belt system, it could affect the ability of the system to protect an adult occupant, or a child restrained without a child safety seat. We suggest that you provide clear instructions to the c onsumer to remove the device from the belt webbing when the belt system is used without a child restraint system.

In closing, I note for your information that NHTSA published a final rule in October 1993 requiring the safety belts in new motor vehicles to be capable of tightly securing child safety seats, without the necessity of the user's attaching any device, suc h as a locking clip, to the seat belt webbing, retractor, or any other part of the vehicle. The rule applies to vehicles manufactured on or after September 1, 1995. I have enclosed a copy of the rule.

I hope this information has been helpful. If you have any other questions, please contact Edward Glancy of my staff at this address or by phone at (202) 366-2992.

ID: nht94-4.66

TYPE: INTERPRETATION-NHTSA

DATE: October 27, 1994

FROM: Lois Castillo -- President, Travel Tray, Inc.

TO: Joan Womack -- NHTSA; John Womack

TITLE: NONE

ATTACHMT: Attached to 1/9/95 letter from Philip Recht to Lois Castillo (A43; Std. 213)

TEXT: Dear Joan Womack:

My name is Lois Castillo. I represent a new company called Travel Tray, Inc. based in Utah. Our tray fits across children's carseats and is easily attached and removed. I have enclosed one of our brochures that describes our tray.

I need your help in obtaining any information you might have regarding safety regulations pertaining to a tray such as this.

We are in preparation to start manufacturing and have been advised to seek information from your department first. I have spoken with Craig Allred, Director of the State of Utah Division of Highway Safety and showed him my tray. He felt the tray was okay, but suggested that I should apply a disclaimer clause and warning that the tray should not be used as part of the safety apparatus. That it is only to be used as a convenience item - like a toy - for the child. My patent attorney also suggested thi s.

Please let me know what you think and any information you might have regarding this.

Thank you in advance for your time.

Enclosure

(Brochure omitted.)

ID: nht94-4.67

TYPE: INTERPRETATION-NHTSA

DATE: October 27, 1994

FROM: John E. Getz -- Director, Mobile Products Engineering, Ellis & Watts

TO: Taylor Vinson, NHTSA

TITLE: None

ATTACHMT: ATTACHED TO 3/2/95 LETTER FROM PHILIP R. RECHT TO JOHN E. GETZ (REDBOOK (2)); PART 571.7

TEXT: We are in the custom trailer manufacturing business. Most often we purchase new trailers and finish them, primarily inside, for specific applications such as medical trailers or trailers for specific electronic functions (see enclosed Brochure). In suc h cases our new trailer product is subject to all of the latest DOT regulations. However, in other cases we start with a used trailer and change its finishing and equipment for a new application. For example, we recently took an old (1985) vintage trai ler, stripped the inside, and refinished it for a major computer company to use as a mobile marketing facility. In this case the running gear did not change nor did the Vehicle Identification number. However, ownership did change which raised the questi on of "Newly Manufactured" as addressed in @ 571.7 "Applicability" (copy enclosed). Telephone discussions with Patrick Boyd and Ken Hardy in Vehicle Safety indicate preliminarily that this is not a newly manufactured trailer because the basic trailer st ructure did not change. However in some cases we may cut a hole in the side and install a door for a specific application.

What we are requesting is an interpretation as to whether we would fall in the category of a newly manufactured trailer if the running gear. VIN, and the basic trailer structure do not change, but the ownership does. In the example above we did add conspicuity treatment, not because it was thought to be legally required (although we did want to protect the company prior your interpretation), but mainly from a liability and safety standpoint in the event of an accident and subsequent litigation. If you have any questions regarding this request please call me at (513) 752-9000 ext. 208. Thanking you in advance. I am

Truck Trailer Manufacturers Association

RICHARD P. BOWLING

PRESIDENT

FAX TRANSMITTAL COVER SHEET

Date: October 18, 1994

Number of pages including this sheet: 1

From: Don Vierimaa

To: John Getz, 1-513-943-3395 TITLE 49 - TRAILERS

@ 671.7 Applicability.

(a) General. Except as provided in paragraphs (c) and (d) of this section, each standard set forth in Subpart B of this part applies according to its terms to all motor vehicles or items of motor vehicle equipment the manufacture of which is completed on or after the effective date of the standard.

(f) Combining new and used components in trailer manufacture. When new materials are used in the assembly of a trailer, the trailer will be considered newly manufactured for purposes of paragraph (a) of this section, the application of the requirement s of this chapter, and the Act, unless, at a minimum, the trailer running gear assembly (axle(s), wheels, braking and suspension) is not new, and was taken from an existing trailer--

(1) Whose identity is continued in the reassembled vehicle with respect to the Vehicle Identification Number; and

(2) That is owned or leased by the user of the reassembled vehicle.