ID: 8458

Mr. Larry Bluthardt
Director of Pupil Transportation
Kansas Department of Transportation
Docking State Office Building
Topeka, KS 66612-1568

Dear Mr. Bluthardt:

This responds to your letter of March 19, 1993, concerning the use of built-up foot operated throttle controls. Your questions and the answers to each follows.

1. Is there a violation of the FMCSR's in conjunction with the FMVSS concerning the modification of a school bus foot operated throttle control or other equipment modifications that may relate to the physical accommodation of a commercially licensed driver to perform his or her duties behind the wheel?

My answer is limited to a discussion of the Federal Motor Vehicle Safety Standards (FMVSS's), since NHTSA issued these under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.; Safety Act). The Federal motor carrier safety regulations (FMCSR's) are issued by the Federal Highway Administration. For information on the FMCSR's you should contact:

Office of Motor Carrier Standards Room 3404 Federal Highway Administration 400 Seventh Street, S.W. Washington, D.C. 20590 (202) 366-1790

The Safety Act authorizes NHTSA to issue FMVSS's that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. NHTSA has exercised its authority to establish Standard No. 124, Accelerator Control Systems (49 CFR 571.124). Standard No. 124 "establishes requirements for the return of a vehicle's throttle to the idle position when the driver removes the actuating force from the accelerator control." The Safety Act requires each vehicle manufacturer to certify that its vehicle complies with all applicable safety standards, including Standard No. 124. This certification process requires each manufacturer to determine in the exercise of due care that its products meet all applicable requirements. If the throttle control or other equipment on the new school bus were modified by the bus manufacturer, the bus manufacturer must ensure that the vehicle meets all applicable FMVSS's, including Standard No. 124. If the throttle control or other equipment were modified on a new, previously-certified vehicle (e.g., a new, completed school bus) prior to the new vehicle's first sale, the person who modifies the vehicle would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the modification. (See 49 CFR 567.7.)

If the modification is made after the vehicle's first sale, the only NHTSA requirement that would affect the modification is the "render inoperative" prohibition in section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section provides that:

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

The "render inoperative" provision would prohibit a commercial business listed in 108(a)(2)(A) from modifying the foot operated throttle in a manner that would negatively affect the vehicle's compliance with Standard No. 124. If the foot operated throttle control was built up in a way that prevented the throttle from returning to idle when the driver removed his or her foot, it would violate the render inoperative prohibition.

Please note that the render inoperative prohibition only applies to the named commercial entities. Owners may modify their vehicles without violating any laws or regulations administered by this agency. However, NHTSA encourages vehicle owners not to tamper with vehicle safety equipment if the modification would degrade the safety of the vehicle.

2. If we can modify the foot operated throttle control to the vehicle (school bus), does the modification require specific registration, certification, or inspection prior to the installation?

FOR EXAMPLE: Can the modification be made and installed locally, or should the modification be purchased and installed by a certified commercial vendor ie., manufacturer.

NHTSA does not limit who may modify vehicles, and does not approve modifications or motor vehicle designs. Thus, the person making the modification does not receive any NHTSA approval prior to making the modification. If the modification is made by a manufacturer, distributor, dealer or repair business, 108(a)(2)(A) would be a factor in how the modification may be performed. As explained above, those persons must not render inoperative any device or design installed pursuant to an FMVSS.

State law might affect how a throttle control can be modified on a vehicle. We suggest you consult with your State as to whether its law might affect the registration or inspection of the modified vehicle.

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

Sincerely,

John Womack Acting Chief Counsel

cc: Office of Motor Carrier Standards

ref:124 d:4/22/93

ID: 8476

Mr. Michael Love
Manager, Compliance
Porsche Cars North America, Inc.
P.O. Box 30911
Reno, NV 89520-3911

Dear Mr. Love:

This responds to your letter of March 31, 1993. Your letter refers to vehicle designs which have locations which meet the definition of "designated seating position," as defined at 49 CFR 571.3(b), at certain times but not at others. "For example, a seat with a folding seat back may be a seating position with the seat back in the up position and not with the seat back folded over the seat base. Another example of this could be if a platform or other device has several positions, one of which covers the seat so as to remove the necessary room to meet the designated seating position criteria." You asked for verification of the following two statements which you believe are a correct interpretation of such a situation:

When the seat meets the criteria, then seat belts must be provided according to the requirements of 571.208. In addition, those belts, since required by 571.208, must also meet the requirements of 571.209 and 571.210.

When the seat does not meet the criteria, then seat belts are no longer required by 571.208. Any seat belts provided in this situation must no longer meet requirements of 571.208, 209 or 210.

As explained below, NHTSA disagrees with your suggested interpretation.

The term "designated seating position" is defined at 49 CFR 571.3 as:

any plan view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and design is such that the position is likely to be used as a seating position while the vehicle is in motion, except for auxiliary seating accommodations such as temporary or folding jump seats.

In both of the examples you provide, the position would be a "plan view location capable of accommodating a person at least as large as a 5th percentile adult female." Therefore, these positions would be considered "designated seating positions" at all times. Even though some adjustment may be necessary before the seat can be used, the seat is available at any time if needed.

Your statements also raise the question of whether a vehicle must comply with all requirements related to a specific "designated seating position" when that position is not usable for seating. Each of this agency's safety standards specifies the test conditions and procedures that this agency will use to evaluate the performance of the vehicle or equipment being tested for compliance with the particular safety standard. NHTSA precisely follows each of the specified test procedures and conditions when conducting its compliance testing. NHTSA would only test a "designated seating position" for compliance with applicable safety standards when testing can be done according with the test conditions and procedures specified in the standard. While the examples you provide are not specific enough to explain how testing would be done in those instances, if a "designated seating position" was completely blocked under certain circumstances, NHTSA would not test under those circumstances.

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

Sincerely,

John Womack Acting Chief Counsel

ref:571#208#209#210 d:7/8/93 NCC-20:MVersailles:mar:62992:4/27/93 U:\NCC20\INTERP\208\8476.MLV cc: NCC-01 Subj/Chron, NCC-20 MV, NRM-01, NEF-01 Interps:571.3, #208, #209, #210, Redbook (8)

PLEASE FAX COPY WHEN SIGNED

ID: 8477a

Mr. Christopher Banner
618 Osage Street
Manhattan, KS 66402

Dear Mr. Banner:

This responds to your request for an interpretation of how NHTSA's regulations would apply to some manufacturing operations you are contemplating. I apologize for the delay in this response. In a telephone conversation with Dorothy Nakama of my staff, you explained that you would like to start producing vehicles based on Ford pickup truck chassis. Some of these Ford chassis would come from wrecked vehicles that you would strip down to the frame, and others would be new chassis that you would purchase directly from Ford. You would then install new bodies on top of some of these chassis and offer them for sale as completed vehicles. You also would like to offer some of these bodies and chassis for sale as "kit cars." In the "kit car" version, you would sell the body and chassis to the purchaser of the kit, and the purchaser of the kit would have to furnish some other parts in order to complete the vehicle.

This agency's Federal motor vehicle safety standards apply to new motor vehicles and new items of motor vehicle equipment. Federal law does not require motor vehicles and items of motor vehicle equipment to continue to comply with the safety standards after the first purchase of the vehicle or equipment item in good faith for purposes other than resale. However, Federal law does prohibit any manufacturer, distributor, dealer, or repair business from knowingly "rendering inoperative" compliance with a safety standard for a vehicle or item of equipment. See 15 U.S.C. 1397(a)(1)(A), (a)(2)(A), and (b)(1).

1. New Body on New Chassis. All vehicles you produce by installing a new body on a new chassis would be considered new vehicles. You would have to certify that each of those vehicles conformed to all applicable safety standards. You would be considered a "final stage manufacturer" of the vehicles, as that term is used in 49 CFR Parts 567 and 568.

2. New Body on Used Chassis. We cannot say from the information you have provided whether the vehicles you produce by installing a new body on a stripped, wrecked Ford pickup would be treated as a new vehicle, and have to be certified as complying with the applicable safety standards. The answer depends on how extensively you modify the Ford pickup chassis.

To allow vehicle modifiers to determine when the modifications to a used chassis are so extensive that the resulting vehicle will be considered new for the purposes of the Federal safety standards, NHTSA has established specific criteria at 49 CFR 571.7(e), Combining new and used components. That section reads as follows:

When a new cab is used in the assembly of a truck, the truck will be considered newly manufactured . . . unless the engine, transmission, and drive axle(s) (as a minimum) of the assembled vehicle are not new, and at least two of these components were taken from the same vehicle.

This provision means that if you leave the frame, engine, transmission, and drive axle in place from the wrecked vehicle, and place a new body on top of it, we would consider that vehicle to be a used vehicle, which would not have to be certified by you as complying with applicable safety standards. On the other hand, if you were to remove all the drive components from the frame of the Ford pickup chassis, and add new drive components or rebuilt drive components from different vehicles, the vehicle would be a new vehicle and would have to be certified by you as complying with all applicable safety standards.

3. Kit cars. Under the National Traffic and Motor Vehicle Safety Act, a "motor vehicle" is defined, in part, as one that is "driven by mechanical power." See 15 U.S.C. 1391(3). We have interpreted this provision to mean that a unit would be considered only an assemblage of motor vehicle equipment, and not a motor vehicle, until such time as a power source is added. None of the Federal motor vehicle safety standards apply to assemblages of motor vehicle equipment, or to used equipment items in the assemblage (items used on a vehicle previously in service on the public roads). However, certain of the safety standards would apply to new equipment items included in the assemblage. It would be a violation of Federal law if your kit car includes any new brake hoses, brake fluid, lighting equipment, tires, glazing, or seat belt assemblies that do not comply with the applicable safety standards.

If you ship your kit cars with all parts needed to produce a completed motor vehicle, including the power source, this agency will treat the kit car as a motor vehicle, not an assemblage of motor vehicle equipment, regardless of the state of completion of the kit. You would be required to certify that the kit car conformed to all applicable safety standards if it were treated as a new vehicle under the rules set forth in 1. and 2. above, but not if it were treated as a used vehicle under those rules.

I have enclosed for your information a general information sheet for manufacturers of new vehicles. This sheet highlights the relevant Federal statutes and regulations and explains how to obtain copies of them. I have also enclosed a brochure titled "Federal Motor Vehicle Safety Standards" that briefly describes each of the safety standards.

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

Sincerely,

John Womack Acting Chief Counsel

Enclosure ref:568#571.7(e) d:7/9/93

ID: 8478

Mr. Jose M. Gonzalez
Engineering Manager
Kustom Fit
8990 Atlantic
Box 3004
South Gate, CA 90280

Dear Mr. Gonzalez:

This responds to your letter of March 25, 1993, regarding testing for Standard No. 208, Occupant Crash Protection. You are a manufacturer of seating products for the recreation vehicle industry. You propose to perform a baseline HYGE sled test using all OEM hardware and seats and then to perform a second test using OEM hardware and the seats you manufacture. You asked:

If the results of the test using our seats are equal or better than those obtained values with the OEM seats and hardware, does this test prove that our seats are safe to use instead of OEM? Can these results and procedures be acceptable as do diligent (sic) and can our seats then be certified for use in these vehicles regarding FMVSS 208?

Some background information may be helpful. The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.; the Safety Act) authorizes this agency to issue motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 208, Occupant Crash Protection (49 CFR 571.208), which specifies performance requirements for the protection of vehicle occupants in crashes. (I note that a number of other safety standards also include requirements relevant to seats, including Standard No. 207, Seating Systems, Standard No. 209, Seat Belt Assemblies, Standard No. 210, Seat Belt Assembly Anchorages, and Standard No. 302, Flammability of Interior Materials.)

The Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. Standard No. 208, the subject of your inquiry, is applicable to vehicles and not to individual items of equipment (except for pressure devices and explosive devices used in air bags). Therefore, if one of your seats is installed in a vehicle during manufacture, the vehicle manufacturer is responsible for certifying that the completed vehicle complies with all applicable standards, including Standard No. 208. If the seat is added to a new, previously certified, motor vehicle prior to its first sale, the person who modifies the vehicle would be an alterer. An alterer is required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration.

Finally, if the seat is sold as aftermarket equipment to be installed in a used motor vehicle, the seat, as a piece of equipment, does not have to comply with any Federal standards. However, 108(a)(2)(A) of the Safety Act provides, in pertinent part:

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 applicable Federal motor vehicle safety standard. . . .

Therefore, none of these entities could install one of your seats if it caused the vehicle to no longer comply with any of the safety standards.

In all of these situations, you, as the seat manufacturer, would have no certification responsibilities under Standard No. 208. Therefore, with respect to that standard, the remainder of the discussion in this letter is applicable to vehicle manufacturers (including alterers).

Each of this agency's safety standards specifies the test conditions and procedures that this agency will use to evaluate the performance of the vehicle or equipment being tested for compliance with the particular safety standard. The National Highway Traffic Safety Administration (NHTSA) precisely follows each of the specified test procedures and conditions when conducting its compliance testing. However, a manufacturer is not required to test its products only in the manner specified in the relevant safety standard, or even to test the products at all. A manufacturer may choose any means of evaluating its products to determine whether the vehicle complies with the requirements of the safety standards, provided, however, that the manufacturer assures that the vehicle will comply with the safety standards when tested by the agency according to the procedures specified in the standard.

Under certain circumstances, particularly if the agency testing shows an apparent noncompliance exists in a vehicle, the manufacturer may be asked to show the basis for its certification that the vehicle complies with the relevant safety standard or standards. If in fact there is a noncompliance, the manufacturer is subject to civil penalties under the Safety Act unless it can establish that it exercised "due care" in the design and manufacture of the product and in the evaluation (through actual testing, computer simulation, engineering analyses, or other means) to ensure compliance, but nevertheless did not have reason to know that the vehicle did not in fact comply with the safety standards.

This agency has long said that it is unable to judge what efforts would constitute "due care" in advance of the actual circumstances in which a noncompliance occurs. What constitutes "due care" in a particular case depends on all relevant facts, including such things as the limitations of current technology, the availability of test equipment, the size of the manufacturer, and, above all, the diligence exercised by the manufacturer.

You should also note that, while the exercise of "due care" may relieve a manufacturer of liability for civil penalties in connection with the manufacture and sale of noncomplying vehicles, it does not relieve a manufacturer of the responsibility to notify purchasers of the noncompliance and remedy the noncompliance without charge to the purchasers, if either the manufacturer or this agency determines that vehicles do not comply with all applicable safety standards.

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

Sincerely,

John Womack Acting Chief Counsel

ref:VSA#208 d:5/6/93

ID: 8493

Mr. Brett J. Higgins
10257 Slater Ave. #103
Fountain Valley, CA 92708

Dear Mr. Higgins:

This responds to your letter of March 25, 1993 to former Chief Counsel Paul Jackson Rice seeking information on how the laws and regulations administered by this agency would apply to an item of equipment you wish to sell. According to your letter, the item is a

special clamp that is applied to the shoulder strap of a seatbelt as an after-market item. The purpose of this clamp is to allow for slack in the shoulder harness section of a seatbelt thus allowing it to be worn more comfortably.

I am pleased to have this opportunity to explain our laws and regulations to you.

The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.; the Safety Act) authorizes this agency to issue motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 208, Occupant Crash Protection (49 CFR 571.208). This standard requires new motor vehicles to be equipped with safety belts and requires that those belts meet specified fit and comfort requirements, as set forth in S7 of the standard. However, Standard No. 208 does not apply to aftermarket items that seek to alter belt fit and/or comfort. Hence, you are not required to certify that this device complies with Standard No. 208 before offering the device for sale.

In addition, you are not required to get some sort of "approval" from this agency before offering this device for sale. NHTSA has no authority to "approve" motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Safety Act establishes a "self- certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. As stated above, this device is not subject to any safety standard, so you do not have to make any certification.

Although none of our safety standards directly apply to this device, there are several provisions in the Safety Act that are relevant. Manufacturers of motor vehicle equipment such as your belt positioning device are subject to the requirements in sections 151-159 of the Safety Act (15 U.S.C. 1411-1419) concerning the recall and remedy of products with defects related to motor vehicle safety.

In addition, use of your product could be affected by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits manufacturer, distributors, dealers, and repair shops from knowingly "rendering inoperative," in whole or in part, any device or element of design installed on or in a vehicle in compliance with an applicable safety standard. There are two elements of design in a vehicle that might be "rendered inoperative" by the use of your belt positioning device. One is the occupant protection afforded by belts that meet the specified fit and comfort requirements. The other element of design that could be rendered inoperative by the use of your device is the burn resistance required by Standard No. 302, Flammability of Interior Materials (49 CFR 571.302). The materials used in the interior of vehicles, including the seat belts, seat backs and cushions, trim panels, and headliner must comply with the burn resistance requirements of Standard No. 302 to reduce deaths and injuries in the event of a fire in the vehicle's interior. If your device renders inoperative the belt fit and comfort requirements specified in Standard No. 208 or does not comply with burn resistance requirements, it could not be installed in a vehicle by any manufacturer, distributor, dealer, or repair shop.

I note that NHTSA has received a number of inquiries about devices similar to the one you plan to sell. As we have advised others, this agency is concerned that a belted occupant could inadvertently use such products to introduce excessive slack in the upper torso belt and thereby reduce the effectiveness of that belt. We encourage you to provide instructions with the product that warn users not to introduce excessive slack and provide detailed guidance for users on what is an excessive amount of slack.

I have enclosed a general information sheet for new manufacturers that gives a thumbnail sketch of NHTSA's regulations and provides information on how to obtain copies of those regulations.

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

Sincerely,

John Womack Acting Chief Counsel

Enclosure

ref:VSA#208 d:4/26/93

ID: 8505

Mr. Arvind V. Rajan
Vice President, Marketing and Planning
Solectria Corporation
27 Jason Street
Arlington, MA 02174

Dear Mr. Rajan:

We have received your letter of March 30, 1993, asking for confirmation that Solectria Corporation is permitted to import nonconforming motor vehicles for conversion to electric power, provided that the vehicles will be exported immediately following conversion. The vehicle you wish to import is the Suzuki Swift, similar to the Suzuki Swift that has been certified by its manufacturer for sale in the United States, except that the steering column is on the right hand side, and that it has not been certified.

There is no section of the importation provisions of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.) that directly permit the importation of nonconforming vehicles for purposes of repair or alteration. Obviously, the failure of such vehicles to comply with the Federal motor vehicle safety standards poses no risk of traffic accidents, or deaths and injuries resulting from such accidents if these vehicles are never driven on the public roads. In these instances, the agency tries to provide an interpretation of the Act that is consistent with both the purpose of the Act and the facts at hand.

Section 108(b)(3) of the Act (15 U.S.C. 1397(b)(3)), in effect, allows importation of a nonconforming motor vehicle "intended solely for export, and so labeled or tagged on the vehicle . . . and on the outside of the container, if any which is exported." As the legislative history of this section makes clear, "[t]his legislation does not purport to establish standards for motor vehicles . . . to be used entirely outside the United States." (House Report 1776, page 24). Section 108(b)(3) has been implemented by 49 CFR 591.5(c). We believe that, under the facts as described in your letter, it would be appropriate for Solectria to import nonconforming Suzuki Swifts for conversion to electric power pursuant to paragraph 591.5(c). The vehicles have not been imported for use on the American roads, but solely for export following their conversion. We assume that Solectria will label the converted vehicles and their containers, if applicable, in accordance with the regulatory requirement.

If we may help you in any other way, please let us know.

Sincerely,

John Womack Acting Chief Counsel

ref:591 d:4/26/93

ID: 8512

Mr. Carl W. Ruegg
President
Carlo International, Inc.
P.O. Box 250
Selma, CA 93662

Dear Mr. Ruegg:

This responds to your letter of March 29, 1993, to Taylor Vinson of this Office.

In response to your request for "information and regulations regarding the importation of non-conforming vehicles for research, investigation, studies, demonstrations," I enclose a copy of 49 CFR Part 591, the regulation governing the importation of motor vehicles and equipment subject to the regulations of this agency, and a copy of a final rule published March 8, 1993, that amends the regulations. Sections 591.5(j), 591.6(g) (as amended), and 591.7 (as amended) apply to your inquiry.

If you have any questions regarding the interpretation of the regulation or amendments, you may contact Mr. Vinson (202-366-5263). Questions regarding the implementation of the regulations, such as the information deemed acceptable to acquire the agency's pre-entry letter of approval, should be addressed to the Office of Vehicle Safety Compliance. You may contact Clive Van Orden with questions of this nature (202-366-2830).

Sincerely,

John Womack Acting Chief Counsel

Enclosure ref:591 d:4/l3/93

ID: 8513

Mr. Carl W. Ruegg
President
Carlo International, Inc.
P.O. Box 250
Selma, CA 93662

Dear Mr. Ruegg:

This responds to your letter of March 27, 1993, to Mr. Eisner of the General Counsel's Office of the Department of Transportation (DOT). You intend to import "car parts" into the United States, and would like to know "the legal definition of a vehicle that comes within the scope of D.O.T. regulations". You assume that "a part such as fender or other body parts do not." You have asked this question because some individual parts may arrive as part of assemblies, such as "chassis and body assembly or perhaps chassis and body plus front & rear axle transmissions."

The National Highway Traffic Safety Administration (NHTSA) is the component of DOT that regulates the importation of motor vehicles and motor vehicle equipment, principally through the National Traffic and Motor Vehicle Safety Act and regulations issued under its authority such as the Federal motor vehicle safety standards (FMVSS). Each part or component of a motor vehicle is motor vehicle equipment subject to NHTSA's jurisdiction.

The Act requires that motor vehicle equipment, whether new or used, meet all applicable FMVSS in order to be imported into the U.S. Some of the FMVSS apply to items of motor vehicle equipment. Thus, whether shipped separately or as part of an assembly, equipment such as brake hoses, tires, brake fluid, rims for vehicles other than passenger cars, glazing, seat belt assemblies, and wheel covers must comply in order to be admitted into this country.

As your question implies, there is a point at which an assemblage of motor vehicle equipment becomes a "motor vehicle". An assemblage becomes an "incomplete motor vehicle" subject to regulation as a vehicle manufactured in two or more stages (49 CFR Part 568) when it consists, at a minimum, of "frame and chassis structure, power train, steering system, suspension system, and braking system, to the extent those systems are to be part of the completed vehicle, that requires further manufacturing operations . . . to become a completed vehicle (Sec. 568.3)." As the intention is to import the vehicle without the electric power train, the assemblage you contemplate is not a "motor vehicle" and remains an assemblage of motor vehicle equipment whose individual components, as noted in the preceding paragraph, are required to comply with the applicable FMVSS.

Your letter informs us that "[t]hese parts and partial assembly's (sic) would be sold as kits for conversion to electric vehicle." When the power train is added, the person completing the manufacture of the vehicle is considered to be its manufacturer, required to certify compliance with all applicable FMVSS.

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

Sincerely,

John Womack Acting Chief Counsel

ref:591#568#VSA d:5/18/93

ID: 8514

Mr. Greg Hixson
President
Hixson and Netherton Distributing
P.O. Box 28995
Dallas, TX 75228

Dear Mr. Hixson:

This responds to your March 30, 1993, letter asking for information on any regulations concerning aftermarket airbags.

I am enclosing two letters dated March 26, 1993, to Mr. Steven C. Friedman and Mr. Jay Lee that explain the operation of Federal law with respect to aftermarket airbags. I am also enclosing a copy of the information sheet referred to in both letters.

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

Sincerely,

John Womack Acting Chief Counsel

Enclosures ref:208 d:4/15/93

ID: 8516

Mr. Dann T. Deaver
President
Origins International Corp.
28149 Kehrig Drive
Chesterfield, MI 48047

Dear Mr. Deaver:

This responds to your letter of March 30, 1993, to Taylor Vinson of this Office. You have asked for the Department's position on an electric vehicle to be developed by your company. You state that the vehicle "will be marketed as a closed community vehicle for retirement communities, closed club grounds, on site/off road/construction vehicles, theme parks, resorts, etc." It is also designed for use as a golf cart. The vehicle would have a top speed of 25 mph.

The jurisdiction of this agency over a vehicle depends upon whether it is a "motor vehicle" as defined by the National Traffic and Motor Vehicle Safety Act. Under the Act, a motor vehicle is one that is "manufactured primarily for use on the public streets, roads, and highways."

It appears from your letter that your planned vehicle could readily be used on the public highways. On the other hand, you plan to market the vehicle exclusively for off-road use. I have attached copies of two previous letters (December 3, 1991, addressed to Matthew J. Plache, Esq., and October 31, 1988, addressed to Mitsubishi) which address five factors that are relevant for determining whether such a vehicle is considered a motor vehicle. I have also enclosed a copy of an April 16, 1985 letter, addressed to Mr. Alexander E. Nagy, which discusses whether golf carts are considered motor vehicles.

If you wish to submit information relevant to the factors discussed in the enclosed letters, we would be pleased to consider it and offer you an opinion regarding your vehicle. Sincerely,

John Womack Acting Chief Counsel

Enclosures ref:VSA d:4/23/93