ID: nht87-1.18

TYPE: INTERPRETATION-NHTSA

DATE: 01/14/87

FROM: AUTHOR UNAVAILABLE; Erika Z.Jones; NHTSA

TO: Diane LeMire

TITLE: FMVSS INTERPRETATION

TEXT:

Ms. Diane Le Mire Traffic Administrator Equus Products, Inc. 17291-B Mt. Herrmann Street Fountain Valley, CA 92708

Dear Ms. Le Mire:

Thank you for your letter asking how our regulations would affect the manufacturing, importing, and distribution of a shade device for a vehicle. According to the sales brochure included with your letter, your product, which is called "VENTSHADES," is a stainless steel shade that is designed to be installed on the top of a vehicle's window frame. The purpose of the device is to allow vehicle occupants to partially lower their windows when it is raining and keep the rain out. In addition, the brochure sa ys that the ventshade can reduce glare. I regret the delay in our response and hope the following information is helpful.

I believe some background information about the agency may be of assistance to you. The National Highway Traffic Safety Administration (NHTSA) has the authority under the National Traffic and Motor Vehicle Safety Act to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Act establishes a "self-certification" process under w hich each manufacturer is responsible for certifying that its products meet our safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects. I have enclosed an information sheet which briefly describes each of a manufacturer's responsibilities under the Vehicle Safety Act. The information sheet also explains how a foreign company importing an item of vehicle equipment into the United States mus t designate an agent within this country for service of process.

We do not have any standards that directly apply to your product. The agency has issued Federal Motor Vehicle Safety Standard No. 205, Glazing Materials, which specifies performance and location requirements for glazing used in vehicles. The performance and other requirements of the standard apply to any item of glazing material used in a vehicle, including a windscreen made of plastic or other glazing materials. Your product is not made of a glazing material, but is instead made of steel, and is thus n ot covered by Standard No. 205.

However, manufacturers of motor vehicle equipment are subject to the requirements in sections 151-159 of the Act concerning the recall and remedy of products with defects related to motor vehicle safety. In addition, use of your product can be affected b y section 108(a)(2)(A) of the Act. That section prohibits commercial businesses from knowingly tampering with devices or elements of design installed in a vehicle in compliance with the Federal motor vehicle safety standards.

The prohibition of section 108(a)(2)(n) does not apply to individual vehicle owners who may install or remove any items of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, the agency enc ourages vehicle owners not to remove or otherwise tamper with vehicle safety equipment.

If you have any further questions, please let me know.

Sincerely,

Erika Z. Jones Chief Counsel

MAY 19, 1986

Ms. Jones Office of Chief Counsel RM #5219 NHTSA 400 7th S.W. Washington D C. 20590

Please be so kind as to forward all discloseable information pertaining to the manufacturing, importing, and distribution of VENTSHADES.

I have enclosed a copy of a sales brochure for a definition. The shade mounts to the outside of the vehicle. Please see the attached photocopy for a more complete description.

Please forward all correspondence to:

EQUUS PRODUCTS, INC. 17291-B Mt. Herrmann St. Fountain Valley, CA 92708 Attn: Diana Le Mire

Thank you in advance.

Sincerely,

Diana Le Mire Traffic Administrator

ID: nht87-1.19

TYPE: INTERPRETATION-NHTSA

DATE: 01/14/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: William Tackett

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. William Tackett 859 South Main Plymouth, MI 48170

Dear Mr. Tackett:

This is to follow-up on your phone conversation of December 1, 1986, with Stephen Oesch of my staff concerning how Standard No. 301, Fuel System Integrity, affects the installation of trailer hitches on cars. I hope the following discussion answers your questions.

Standard No. 301 sets performance requirements to reduce fuel system spillage in a crash. If a trailer hitch is installed on a new-car prior to the car being first sold to a consumer, the person installing the trailer hitch would be considered a vehicle alterer under our certification regulation (49 CFR Part 567), a copy of which is enclosed, Under Part 567.7, a vehicle alterer is required to certify that the vehicle, as altered, still conforms with all applicable safety standards.

The installation of a trailer hitch on a used car would be affected by section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act. Section 108(a)(2)(A) provides that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an appli cable Federal motor vehicle safety standard . . . .

Thus, in installing trailer hitches on a used car, a commercial business must ensure that it has not knowingly compromised the integrity of the fuel system.

In addition, a manufacturer of motor vehicle equipment, such as a trailer hitch, is subject to the requirements in sections 151-159 of the Vehicle Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. I hav e enclosed an information sheet which briefly describes how our defect regulations affect equipment manufacturers.

If you have any further questions, please let me know.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosures

ID: nht87-1.2

TYPE: INTERPRETATION-NHTSA

DATE: 01/01/87 EST

FROM: PETER MCINTOSH -- PRESIDENT. STARDOR INTERNATIONAL PRIVATE LTD

TO: TAYLOR VINSON -- NHTSA

TITLE: REAR ENDER STOP LAMP

ATTACHMT: ATTACHED TO LETTER DATED 09/29/87 FROM ERIKA Z. JONES -- NHTSA TO PETER MCINTOSH, REDBOOK A31, STANDARD 108; LETTER DATED 02/24/87 (EST) FROM ERIKA Z. JONES TO HAL MCNAMARA

TEXT: Dear Mr Vinson,

Mr Kumbar of the A.A.M.V.A. suggested I write to you & inform you of our wishes to obtain approval for the marketing of our Rear Ender brake light.

This product was introduced into Australia in 1986 with great success and is now used by many corporations, government bodies & sporting groups to promote their product and incorporate a great safety device into their vehicles. With the statistics fr om the U.S.A. illustrating the reduction in rear end accidents by over 50% with the installation of a mid mounted brake light, acceptance of this concept was incredible with our promotional factor assisting to promote their use.

Due to the acceptance and the interest shown we decided to try and export the product to the U.S.A. where the market is so much larger and where so many millions of cars still lack this safety system. On showing the product to a number of interested parties in the U.S.A. it is evident that this concept should receive much the same acceptance. Apart from the promotional angle main selling feature to most end users is the big advantages offered in safety.

Our aim is mainly to introduce them to corporations for use in their own vehicles, used car sales for their stock and sporting groups for fund raising (support their team with endorsement on lights). Eventually we hope to introduce them onto the reta il market. With all new cars being factory fitted we do not see a market in this area, with the exception of 2wd vehicles and vans.

The size of the lens is 10" x 2 1/2" offers excellent visibility and the most important feature of the lens is the fact that the message dissapears when the brake light is illuminated, thus not interfering with the initial design characteristic requir ement of the light. This factor has gained acceptance by the police departments in Australia and has encouraged a number of insurance companies to offer bonuses to their clients utilizing the mid mounted lights, e.g. no loss of no claim in the event of a rear end collision.

The light has also been used by police and county vehicles to promote community messages such as "BUCKLE UP!", "SAY NOT TO DRUGS!" etc.

Please find enclosed a copy of our brochure and I trust this information will be of assistance to you in evaluating our product. Should you require any further information please do not hesitate to call me on (305) 3616908.

ID: nht87-1.20

TYPE: INTERPRETATION-NHTSA

DATE: 01/15/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Adam A. Jorgensen

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Adam A. Jorgensen Consultant to Advance Products and Training Company 915 Middle River Drive, Suite 415 Ft. Lauderdale, FL 33304

Dear Mr. Jorgensen:

This is in response to your letter of November 4, 1986, to this Office on behalf of your client, Advanced Products and Trading Company.

Your client wishes to develop a device "to be placed in the rear window of a motor vehicle." It consists of four lighted letters, arranged to spell the word "STOP." When the brake pedal is depressed, or the hazard warning signal flashers are on, the lett ers are lit, in sequence rather than simultaneously. This cycle is repeated as long as the brake is activated, or the hazard warning signals are activated. You have asked if the device is legal, and if so, whether there are any limitations on its use of sale as a product for the automotive market.

There are two relevant automotive markets, one for original equipment, and one for aftermarket equipment. Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment specifies requirements for original motor vehicle lighting equipment and equipment manufactured to replace original lighting equipment. Because there is a Federal requirement that a passenger car manufactured on or after September 1, 1985, be equipped with a center highmounted stop lamp, which is genera lly placed in the rear window area, a replacement lamp must meet the original equipment specifications of Standard No. 108. As Standard No. 108 makes no provision for sequential flashing of letters in the third stop lamp, your client's lamp does not conf orm to original equipment specifications , and therefore could not be legally sold as an intended replacement for third stop lamps on vehicles manufactured on or after September 1, 1985. Further, any person other than the vehicle owner who removed an ori ginal equipment lamp and installed your client's device could be in violation of a prohibition of the National Traffic and Motor Vehicle Safety Act against rendering safety equipment inoperative.

We assume that your client intends his device for the aftermarket, for installation on vehicles which were not originally equipped with the third stop lamp. Standard No. 108 does not cover this type of aftermarket equipment, and its legality would be det ermined under the laws of any State in which it would be sold or used.

If you have further questions we would be pleased to consider them.

Sincerely,

Erika Z. Jones Chief Counsel

National Highway Traffic Safety Administration 407 Street S.W. Washington, D.C. 20590

Attn: Office of Chief Counsel

Dear Sir/Madam:

Would you kindly advise me on a traffic-related highway safety question, that is important for one of my clients, Advanced Products and Trading Company.

The client is pursuing as a business venture to develop a special brake-warning signal to be placed in the rear window of a motor vehicle. The special brake warning signal consists of four red lighted letters "S","T","O","P", arranged as the word "STOP". The letters are connected to a small light-flashing control unit that operates such that, when the brake pedal is activated, and/or the warning flashers are on, the lighted letters are turned on one at the time in the following rapid sequence of steps: Step 1, "S"; Step 2,"ST";Step 3 "STO"; and Step 4, "STOP"; after which the sequence is repeated again and again as long as the brake remains activated. The signal is intended to be seen clearly visible from the rear of the vehicle.

My client has a patent application pending on this product and has invested a not insignificant amount of money on this invention.

The question is, is such a sign legal, and if so, are there any special limitations on its use or sale as a pro- duct for the automotive market?

The question may alternatively be asked as follows: If such a signal is prima facie, not legal, are there any conditions that might mitigate its introduction as a new product?

An early response to that inquiry would be very much appreciated.

Yours very truly,

Adam A. Jorgensen Consultant to Advance Products and Trading Company

ID: nht87-1.21

TYPE: INTERPRETATION-NHTSA

DATE: 01/15/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Norm Alexander

TITLE: FMVSS INTERPRETATION

TEXT:

Norm Alexander, Manager Engineering Customer Service Stratoflex, Inc. P.O. Box 10398 Fort Worth, TX 76114

Dear Mr. Alexander:

This responds to your two letters to me concerning the labeling requirements of Federal Motor Vehicle Safety Standard No. 106, Brake Hoses, for air brake hoses, end fittings, and assemblies. I regret the delay in responding to your inquiry.

Before I begin to answer your specific questions, it might be helpful to explain that Standard No. 106 has separate sections setting requirements for hoses, end fittings, and assemblies used in hydraulic, air and vacuum brake systems. The section of the standard that you are concerned with is S7, the requirements for air brake hoses, brake hose assemblies, and brake hose end fittings. Section S7.2 sets forth the labeling requirements for those items of equipment, and is further subdivided into three par ts: paragraph S7.2.1 regarding hose; S7.2.2 regarding end fittings; and S7.2.3 regarding assemblies.

Your first question asks for confirmation of your understanding that air brake hose is labeled according to paragraphs S7.2.1(a) through (e). Your understanding is correct. Air brake hoses (that are not part of a brake hose assembly) must be labeled acco rding to the specifications of paragraph S7.2.1. Paragraphs S7.2.1(a) through (e) list the required information.

You asked whether end fittings that are to be attached by means other than crimping or swaging are labeled pursuant to S7.2.2(a) through (d). You are correct that paragraphs S7.2.2(a) through (d) list the information required to be labeled on the end fit tings you described. They are labeled in the manner specified in the lead-in sentence of S7.2.2.

Your next question concerned labeling requirements for end fittings that are to be attached by crimping or swaging. You asked whether you would label those end fittings pursuant to S7.2.3.1. As explained below, the answer to your question is yes, provide d that you also manufacture the brake hose assembly.

Paragraph S7.2.3.1 is part of the subparagraph which sets labeling requirements for assemblies. Thus, S7.2.3.1 describes an option for labeling air brake hose assemblies made with end fittings attached by crimping or swaging. A manufacturer of end fittin gs which are to be attached by crimping or swaging is not required to label the fittings if that manufacturer does not also assemble them. Such a manufacturer may voluntarily label its fittings. However, as explained below, if it voluntarily marks its fi ttings, the fitting manufacturer should keep records of its production lots showing whether the marking on a particular lot of end fittings is a voluntary label or whether it was made to identify itself as the assembler.

Because Standard No. 106 requires an assembler using crimped or swaged end fittings to identify itself as the manufacturer of the assembly, there is a chance for confusion if the assembler chooses to label by marking the end fittings pursuant to S7.2.3.1 and the fitting manufacturer had previously voluntarily marked the fittings with its own designation. In order to reduce the chances of confusion and facilitate enforcement efforts in determining who is responsible for the manufacture of the assembly, w e encourage manufacturers who voluntarily label their fittings to keep adequate records indicating whether they have sold the fittings separately to an assembler or whether they have used the fittings in assemblies they have produced themselves.

Your fourth question asked about labeling requirements for air brake hose assemblies that use end fittings that are not attached by crimping or swaging. You are correct that Standard No. 106 requires only that the end fittings be labeled and does not set a labeling requirement for the assemblies. These provisions were made in the standard because NHTSA believed labeling requirements for assemblies having renewable or reusable end fittings were impractical. NHTSA concluded that with reusable end fittings , the assembler's identity could be lost or misapplied by a persons reassembling the Bet at a later date, and the chances for confusion concerning the identity of the assembler would be great.

Your fifth question asked whether air brake hose assemblies made with end fittings attached by crimping or swaging, except those made and installed by a vehicle manufacturer in its own vehicles, may be labeled by means of a band pursuant to S7.2.3 or by marking the end fitting as specified in S7.2.3.1. The answer is yes. Standard No. 106 provides manufacturers of those types of assemblies the option of labeling their assemblies according to either S7.2.3 or S7.2.3.1.

The second part of your fifth question also concerned Standard No. 106's labeling requirements for air brake hose assemblies made with crimped or swaged end fittings. You asked whether your understanding is correct that a "component manufacturer's identi fication on a fitting is sufficient for hose assemblies fabricated by the component manufacturer: but bulk products procured and assembled by a second party (not vehicle manufacturer) must be marked by that assembler - tag or fitting."

Your understanding is correct. A manufacturer of crimped or swaged end fittings who also manufactures brake hose assemblies may satisfy the standard's labeling requirements by marking its identification on its fitting. A manufacturer of brake hose assemb lies who purchased its end fittings must label the assembly by a tag (pursuant to S7.2.3) or by labeling the end fitting (pursuant to S7.2.3.1).

Your next question asked whether standard No. 106 requires manufacturers to mark the date of assembly on their brake hose assemblies. The answer is no.

Your final question asked whether additional information may be entered on the hose assembly tag. The answer to your question is yes. NHTSA has interpreted Standard No. 106 as permitting the labeling of brake hose with optional information in addition to that required by the standard if, in order to avoid confusion with the required information, the optional information appears on the opposite side of the hose. Based on those interpretations, we conclude that you are permitted to label your assemblies w ith optional information if the labeling is done in a manner that avoids confusion with the required information.

I hope this information is helpful. Please contact my office if you have any further questions.

Sincerely,

Erika Z. Jones Chief Counsel

August 25, 1986

Department of Transportation 400 7th Street SW Washington, D.C. 20590

Attention: Ms. Erika Jones Chief Counsel Room 5219

Subject: FMVSS 106-74, as amended

Dear Ms. Jones:

Pursuant to my conversation with Ms. Deidre Hom on August 22, 1986; we respectfully submit our understanding of the marking/labeling requirements of Section S7, subject standard. We request written confirmation of this understanding or correction(s) as r equired. Stratoflex is a manufacturer of crimp and non crimp (screw together) fittings and hose to provisions of FMVSS 106.

1. Hose - per S7.2.1 (a) thru (e).

2. End Fittings (not crimped or swaged) - per 57.2.2 (a) thru (d).

3. End fittings (crimped or swaged) - per S7.2.3.1 (at least one fitting per assembly, assembler identification)

4. Hose assembly with non crimped/swaged fittings - No marking other than components (1 and 2 above).

5. Hose assembly with crimped/swaged fittings - Band per S7.2.3 (a) and (b) or fitting only per 3 above. (See note below)

NOTE: No marking required for hose assemblies assembled and installed by a vehicle manufacturer.

Item 3 above (and the alternate of item 5) indicates that component manufacturer's identification on a fitting is sufficient for hose assemblies fabricated by the component manufacturer; but, bulk products procured and assembled by a second party (not ve hicle manufacturer) must be marked by that assembler - tag or fitting.

Is the date of assembly (fittings to hose) required?

May additional data be entered on the hose assembly tag?

Thank you for your consideration and assistance. Please feel free to contact us if any additional clarification is required.

Very truly yours,

S T R A T O F L E X , I N C .

Norm Alexander, Manager Engineering Customer Service

ID: nht87-1.22

TYPE: INTERPRETATION-NHTSA

DATE: 01/15/87

FROM: AUTHOR UNAVAILABLE; Barry Felrice; NHTSA

TO: Harry H. Kazakian -- President, Corleone International Traders, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Harry H. Kazakian President Corleone International Traders, Inc. P.O. Box 3417 Los Angeles, Calif. 90028

Dear Mr. Kazakian:

This is in reply to your letter of April 29, 1986, to which was attached a "Magic Eyes Brake Light". This device consists of the small lamps whose primary functions are to flash automatically "upon catching light" within safety range and when the car's b rake is in use". The purpose of the device is to reduce rear end collisions. The artwork on the package shows the lamps mounted at the base of the rear window on either side of the vehicle's vertical centerline. You asked that your letter centerline as a petition for rulemaking to require the device as original equipment, or for the aftermarket.

I regret that we have decided to deny your petition that the device be required as original equipment. The agency's research has shown that the most effective device for reducing rear end collisions in the single center high-mounted stop lamp, and the ag ency now require that device to be installed as original equipment on passenger cars. You have presented no facts that demonstrate that an amendment of the nature you have requested is necessary. Although the agency has specified no requirements for afte rmarket supplementary stop lamps (other than those that replace original equipment), on the basis of the agency's research, we believe that aftermarket equipment should meet as closely as possible the specifications for original equipment. Therefore, we are also denying your petition for aftermarket equipment.

We would like to advise you that there are no Federal restrictions on the importation and sale of "Magic Eyes". However, any State may impose its own restrictions on the use of this lamp on roads within its borders, and you should consult these laws bef ore selling the device.

As a final note, the copy for model JA 201 on the package states "To comply with latest United States' regulations, this single lamp lights on automatically upon catching light within safety range and when the car's brake is in use". Please delete the re ference to United States regulations on your packages. The single lamp required by the United States is steady burning and has but one function, to indicate application of the brake pedal. It cannot be combined with any other light or device. In comparis on, your lamp has two functions, and appears to flash in each.

As an accessory item of motor vehicle equipment, your lamp is subject to the notification and remedy provisions of the National Traffic and Motor Vehicle Safety Act. This means that if a safety related defect occurs in the lamp, the manufacturer or impor ter is obligated to inform dealers, distributors and purchasers to repair, repurchase, or replace the item. We are returning your device with this letter.

Sincerely,

Barry Felrice Associate Administrator for Rulemaking

APRIL 29, 1986 OUR REF. COR/030886 BANKERS: CALIFORNIA OVERSEAS BANK

INTERPRETATION CHIEF COUNCIL NATIONAL TRAFFIC SAFETY ADMINISTRATION Rm. # 5219 p 400, 7th St. South West Washington D.C. 20590

ATT: Erika Z Jones

Dear Erika,

In response to our conversation with Mr. Bob Nikelson in Department of Traffic Safety, after a long conversation over the phone about the "Magic Eyes Brake Lights" we were advised to get your attention with this safety device, which could reduce a large quantity of rear endings, help saving lives in U. S. highways an street roads and at the mean time be helpful financially. Therefore we would certainly appreciate to get your precious time and attention, if you would, to explain about this safety device after a small brief about our business.

Corleone International Traders Inc. is known as well established incorporation in U. S. A. with many satisfied customers. We have relations all over the world, we specialize medical items, auto accessories, foodstuff and many novelties. We also represent variety of manufacturers overseas on exclusive basis.

We would like to take this opportunity to introduce you one of our new sophisticated low coast brake light system which was invented and made with few of our engineers to reduce tail gating and rearending in U.S. highways. This magnificent system is "The Third Brake Light" of the car which has a built in sensor device. This system flashes automatically upon catching light within safety range and when the car's brake is in use.

Our main goal is to see less rear endings in U.S. highways. Therefore we would like to have this sophisticated light activated sensors to be included in every auto's brake system is being built in U.S.A.

We sincerely would like to ask to have this "Safety Device" to be treated as a petition for rule making to require this device or permitted originally or after market "Vehicle Safety Standard Cod--108."

For your research and study we are including a sample of this device on the back of the carton explains product No. "JA 101 WARNING LIGHTS" and "JA 105 MAGIC EYE SENSOR".

Dear Chief Council, we are taking this opportunities very seriously and depending on your full research and your answer.

At the mean time we are at your disposal for any information you may need or any questions you may ask. We are sincerely thanking you for your time and your attention at this matter and hoping to hear from you soon about your opinion, until than we remai n HARRY H. KAZAKIAN PRESIDENT

ID: nht87-1.23

TYPE: INTERPRETATION-NHTSA

DATE: 01/16/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Peter Cameron-Nott

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Peter Cameron-Nott 90 Horace Street Startford, CT 06497

Dear Mr. Cameron-Nott:

This is in reply to your letter of December 7, 1986, with respect to kit cars.

Your first question concerns a 1965 Jaguar that has been rebodied but carries its original mechanical components, title, and identification number. The National Traffic and Motor Vehicle Safety Act does not require conformance with the Federal motor vehi cle safety standards applicable to passenger cars if the passenger car to be imported into the United States was manufactured before January 1, 1968. However, certain of these standards cover vehicle components, and if the relevant components have been m anufactured on or after January 1, 1968, these components would be subject to the applicable Federal safety standard. These components include brake hoses, lighting equipment, tires, retreaded tires, glazing materials (most importantly, the windshield mu st be marked AS-1), seat belt assemblies, and wheel covers (which may not incorporate winged projections). Although the 1965 Jaguar would have a new body, by retaining its original mechanical components, title, and identification number, it would be cons idered a 1965 model and not subject to the Federal motor vehicle safety standards applicable to passenger cars. But if any of the equipment listed above has been manufactured after January 1, 1968, those items must comply in order to be imported into thi s country.

You have asked how the situation would differ were the rebodied Jaguar a 1972 model, the other facts being identical. We would consider this car " a 1972 model, and required to conform to all Federal motor vehicle safety standards that applied on the dat e of its original manufacture. Conformity could be achieved either before or after its importation into this country.

Your second question concerns "a kit car consisting of both new and used components i.e. new body/chassis and used mechanicals from various sources including Ford/Triumph and M.G." You have reported EPA's position that the year of the engine determines what standards are to be met, and you have asked if these are also DOT's requirements. The age of the engine is not the determining factor with us. Generally, the agency considers a kit car consisting of a new body and new chassis to be a new motor vehicle, and required to meet all Federal motor vehicle safety standards applicable to new passenger cars as of the date of its assembly, even if some of its mechanical components have been used previously . This means that such components must not prevent the assembled vehicle from meeting those standards.

If you have further questions we would be pleased to answer them.

Sincerely,

Erika Z. Jones Chief Counsel

Ms. Erika Jones Chief Counsel 12/7/86 N.H.T.S.A. 400 7th St S.W. Washington D.C. 20590

Dear Ms. Jones:

I recently spoke to Mr. John Donaldson at D.O.T and he recommended that I write to you concerning importation of rebodied and kit vehicles. There are some points upon which I would request further clarification.

I wish to import the following vehicles:

#1 1965 Jaguar that has been rebodied but still using original mechanical components. i.e. new body and original Jaguar mechanicals including suspension, steering, brakes, transmission etc.

The chassis carries the original 1965 Jaguar I.D. # and is titled accordingly i.e. 1965 Jaguar two seat convertible and 1965 I.D. #.

In addition what standards are applicable if the rebodied vehicle is for example a 1972 Jaguar and titled as such?

#2 A kit car consisting of both new and used components i.e. new body/chassis and used mechanicals from various sources including Ford/Triumph and M.G.

E.P.A. has informed me that in these cars the rebodied 65 jaguar is exempted because it was originally manufactured prior to 1968 but the 1972 Jaguar must be certified to 1972 standards. And for the kit car the year of the engine in the vehicle determine s what standards must be met. Are these also the requirements of D.O.T.?

Your clarification of these points would be greatly appreciated.

Sincerely Yours,

Peter Cameron-Nott

ID: nht87-1.24

TYPE: INTERPRETATION-NHTSA

DATE: 01/21/87

FROM: S. L. LEPOSKY -- EQUIPMENT SUPPLY CO

TO: DISTRIBUTORS

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 02/11/88 FROM ERIKA Z JONES TO BETH WHITMAN; REDBOOK A31, STANDARD 110, 120; SAAR; STEELHAMMERS 2J; SA 29AR STEELHAMMERS 2J; UNDATED LETTER FROM SL LEPOSKY TO ALL DISTRIBUTORS AND SALESMEN RE NON USE OF DUCK BILLED STEE L TIRE HAMMERS; LETTER DATED 07/09/87 FROM LEO CAREY TO BETH WHITMAN

TEXT: Dear Distributor:

Attached, please find new catalog material on our "Combi Truck & Farm Tire Bead Breaker. Please note that the catalog sheet serves two purposes.

1. The front side gives all pertinent information regarding the "Combi" bead breaker and refers the buyer to the other side.

2. The back of the catalog supports the OSHA regulation outlining the DO'S AND DON'TS of truck tire changing.

We suggest you use the catalog sheet in discussing the NON-USE of steel duck bill hammers when changing truck and farm tires with your salespeople. The OSHA regulation is being enforced and it's only a matter of time until the dealers and users will hav e to change. CHANGE THEM OVER TO A "COMBI".

The second piece of promotional material enclosed is the yellow #10 size statement and invoice stuffer for your use. All you need do is fill out the attached form and we'll do the rest. You put your dealer imprint onto the stuffer along with YOUR se lling price and mail it out. Suggested retail on the HAP-1 "Combi" is $ 898.00 for the head and pump complete.

We will be showing and demonstrating the "Combi" bead breaker as well as some new air hydraulic tire changing tools at the upcoming A.R.A. Show in Louisville, Kentucky on April 10, 11, and 12th, 1987. Please don't wait till then to start promoting t he tool. Do that now and reap the benefits by April and May. We are also scheduled to show at several large trucking shows and the NTDRA Show in Dallas, Texas. If you have a local or regional trade show that you attend, we'll work with you. We'll pro vide no charge demo's, catalog material and special signs along with "SPECIAL SHOW PRICES".

We are presently working on a bead breaker comparison and explantion sheet outlining all known bead breaking tools in the industry. This will include truck, farm, and giant tire. We're sure you will find it most informative.

ID: nht87-1.25

TYPE: INTERPRETATION-NHTSA

DATE: 01/27/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Allen R. Tank

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Allen R. Tank President Minikin 606 NE Lincoln Avenue St. Cloud, MN 56301

Dear Mr. Tank:

This is in reply to your letter of December 29, 1986, with respect to the definition of "motorcycle" for purposes of compliance with the Federal motor vehicle safety standards. You have asked whether a vehicle with two wheels at the front, and one at the rear with two tires mounted on it, would still be regarded as a motorcycle.

The definition of a motorcycle is "a motor vehicle with motive power having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground." This is technically inaccurate in part because wheels do not contact the ground. I believe that the drafter of the definition meant to say "tires" rather than "wheels." Thus the configuration about which you have asked is one in which four tires contact the ground, and we therefore conclude that such a vehi cle would not be regarded as a motorcycle.

Sincerely,

Erika Z. Jones Chief Counsel

Chief Counsel National Highway Traffic Safety Adm. 400 Seventh Street SW Washington, D.C. 20590

Dear Sir:

I have communicated with George Shifflett in the Department regarding our three wheel vehicle. According to your standards, we are governed by the laws specifically addressed to motorcycles. The question was raised, if the three wheel vehicle had two whe els in the front with one in the rear, the rear rim having two tires mounted on it, would it still be regarded as a motorcycle.. I have enclosed three photos that will visually explain our proposed application.

I would appreciate your opinion on the additional tire effect on our motorcycle classification.

Sincerely,

Allen R. Tank President

cc: George Shifflett

ID: nht87-1.26

TYPE: INTERPRETATION-NHTSA

DATE: 01/28/87

FROM: GLENN M. MAKI -- COUNTY OF BARAGA BOARD OF COUNTY ROAD COMMISSIONERS L'ANSE, MICHIGAN

TO: WHOM IT MAY CONCERN:

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER FROM STEPHEN P. WOOD -- NHTSA TO THOMAS C. GRAVENGOOD, DATED 5/16/89, REDBOOK A33; STANDARD 108; LETTER DATED 4/3/89 FROM THOMAS C. GRAVENGOOD OF AGAPE PLASTICS TO NHTSA CHIEF COUNSEL ON FEDERAL MOTOR VEHICLE STANDARD NO 108 -- HEATED SAFETY LIGHTS FOR VEHICLES DRIVEN IN WINTER WEATHER; LETTER FROM KENNETH R. HAMMERBERG, SUPERINTENDENT OF SCHOOLS TO TO WHOM IT MAY CONCERN, UNDATED; LETTER DATED 4/2/87 FROM PRINCIPAL ARVON TOWNSHIP SCHOOL TO TO WHOM IT MAY CONCERN; LETTER DAT ED 3/2/88 FROM RONALD R. MITCHELL SUPERINTENDANT, MORAN TOWNSHIP SCHOOLS TO VAN STRATEN HEATED TAIL LIGHT LENS CO; BROCHURE, UNDATED, OF VAN STRATEN COMPANY ON HEATED SAFETY LIGHT

TEXT: Throughout the years the road commissions have had a safety problem associated with their snow removal and ice control equipment. This same problem exists, to some degree, with all vehicles traveling the roads during the winter season. When the vehicles are plowing snow the problem is compounded due to the snow being caught-up in the wind turbulence caused by the vehicle and attached equipment.

The problem is -- snow and ice build-up on the warning, directional and flood lights at the rear of the vehicle. This obscures the lights, sometimes totally, making it difficult for any vehicles following behind to see the vehicle ahead or see the st op or turn signals when they are used.

This hazard could be reduced or eliminated if the lights could be kept free of snow and ice build-up. George VanStraten of Baraga, Michigan has developed a "Heated Lens" which has worked very well for us. We installed these "Heated Lenses" on two of our sander trucks and the lights have remained snow free and clear when the surrounding area was covered with a thick layer of snow. The tail-lights and directional lites remain clear and highly visible. We feel this improves safety significantly and should result in reducing rear-end collisions. We have also installed a "Heated Lens" on the rear flood-lite on our sander truck. This also stays snow-free and helps the operator see if the material is being discharged from the sander.

In my opinion the "Heated Lens" has a very broad potential application on all types of vehicles operating in the snow belt and in my opinion should be required by law on all trucks and other equipment traveling on the highways. Perhaps automobiles sho uld be included as well. The Baraga County Road Commission plans to install them first on all sander trucks and next on all snow plow trucks.

How many times have you heard the expression "I didn't see his signal". We feel in many cases the "Heated Lens" would prevent a serious accident. I would urge others to try these "Heated Lens" and let the results speak for themselves.

Sincerely yours,