ID: nht69-2.36

DATE: 12/23/69

FROM: AUTHOR UNAVAILABLE; C. A. Baker; NHTSA

TO: Blue Bird Body Company

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of December 9, 1969, providing additional information on the school bus lighting system as described in your previous letter of November 14, 1969.

Paragraph S3.1.2 of Federal Motor Vehicle Safety Standard No. 108 specifies that, The additional lamp, reflective device, and associated equipment shall be installed if it impairs the effectiveness of the required equipment." The system of front stop lamps as described in your letters, i.e., two non-flashing amber lamps of the same size as and located in line with the two red school bus signal lamps, and actuated by the foot brake only, would not appear to impair the effectiveness of the lighting equipment required by Standard No. 108. It should be noted, however, that, while incorporation of this system in school buses would not be precluded by Standard No. 108, the various States may interpose restrictions as to such system. I would suggest, therefore, that you review the applicable State regulations before initiating installation of the system.

ID: nht69-2.37

DATE: 11/21/69

FROM: AUTHOR UNAVAILABLE; C. A. Baker; NHTSA

TO: The Grote Manufacturing Company

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of November 4, 1969, to Mr. J. K. Leysath of this Office concerning the flashing of side marker lamps with the turn signal lamps.

The flashing of side marker lamps is permitted under paragraph S3.5 of Federal Motor Vehicle Safety Standard No. 108. Side marker lamps may be combined with turn signal lamps providing the requirements of paragraph S3.3 of MV33 No. 108 are net.

ID: nht69-2.38

DATE: 09/05/69

FROM: AUTHOR UNAVAILABLE; Robert Brenner; NHTSA

TO: International Harvester Company

COPYEE: SUBJ. FILE OAA; CHRON. FILE OAA; CHRON. FILE MVSPS; SUBJ. FILE 409; CHRON. FILE 409; SCHNEIDER, RM. 512, DONOHOE; FISTE, RM. 302A, DONOHOE; FHWA EX. SEO.(2); FHWA CONTROL #55

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of June 26, 1969, to the Administrator, Federal Highway Administration, concerning the activation of stop lamps and hazard warning signal lamps.

Your letter poses three basic questions as follows:

1. Are spring brakes, which backup a primary air brake system, considered "emergency" brakes within the meaning of paragraph S3.4.4 of Federal Motor Vehicle Safety Standard No. 1087

2. Under Standard No. 108, does the Bureau prefer (a) a wiring system whereby the stop lamps override the hazard warning lamps, or (b) a wiring system whereby the hazard warning lamps override the stop lamps?

3. Are both of the above wiring systems permissible?

In answer to the first question, spring brakes, which back-up a primary air brake system, are not considered "emergency" brakes within the meaning of paragraph S3.4.4 of Standard No. 108. The basis for this opinion is the same as that contained in Mr. Fay's letter of April 25, 1968, to the Blue Bird Body Company. The Bureau now has under development a proposed standard for brakes which will be applicable to trucks. If under this standard, spring brakes are defined as emergency brakes, then the requirement of paragraph S3.4.4 of Standard No. 108 will be applicable.

In answer to the second and third questions, the Bureau has no well-founded research data to prove or disprove the effectiveness of the two different wiring systems for all vehicles covered by Standard No. 108. Use of either of the systems is permitted under Standard No. 108.

However, the regulations of the Federal Highway Administration's Bureau of Motor Carrier Safety (49 CFR 392.22(a) and 392.23(a)) require flashing of the turn signal lamps as a vehicular traffic hazard warning signal whenever a vehicle is stopped under certain conditions. These regulations therefore do not allow overriding of the warning signal by the stop lamps. It is our belief that a flashing light, rather than a steady-burning light, conveys a more effective warning of a stopped vehicle. Consequently, trucks, buses, and trailers which after sale may be subject to Bureau of Motor Carrier Safety regulations should be manufactured so that the stop lamps will not override the hazard warning signal. Consideration is being given to rule making(Illegible Word) which would make this mandatory for all trucks, buses, and trailers.

ID: nht69-2.39

DATE: 09/12/69

FROM: AUTHOR UNAVAILABLE; C. A. Baker; NHTSA

TO: The Flexible Company

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of August 21, 1969, to Mr. George C. Nield, Acting Assistant Director, Motor Vehicle Safety Performance Service, concerning the requirements of Federal Motor Vehicle Safety Standard No. 108 with respect to activation of stop lamps when the emergency brakes are applied.

Paragraph S3.4.4 of Standard No. 108 specifies that "Except as provided in S3.4.4.1 through S3.4.4.3 stop lamps shall be actuated upon application of any service or emergency broken." The emergency-parking brakes as described in the 2nd paragraph of your letter are not considered "emergency" brakes within the weaning of paragraph S3.4.4 of Standard No. 108. Therefore, actuation of stop lamps need not be provided upon application of such brakes. I should point out, however, that the Bureau now has under development a proposed standard for brakes which will be applicable to trucks. If under this proposed standard, the emergency-parking brakes as used on your vehicles are defined as "emergency" brakes, then the requirement of paragraph S3.4.4 of Standard No. 108 will be applicable.

ID: nht69-2.4

DATE: 02/12/69

FROM: AUTHOR UNAVAILABLE; Charles A. Baker; NHTSA

TO: Scientific Brake & Equipment Company

TITLE: FMVSS INTERPRETATION

TEXT: Your letter of November 11, 1968, to Mr. Barkley Sweet, Truck Body and Equipment Association, concerning lighting for trucks equipped with snow plow blades, has been hand-carried by him to this Bureau for consideration and reply.

Federal Motor Vehicle Safety Standard No. 108 requires that all trucks be equipped with headlamps mounted at a height above the road surface not more than 54 inches. To effectively illuminate the road when its snow plow is in use, a truck often runt be equipped with additional headlamps at a height greater than 54 inches, and you are correct in installing these lights for dealers and purchasers.

With respect to the several specific questions listed on page 2 of your letter, I would point out that local and State regulations should be reviewed for possible requirements relating to the additional lamps used on trucks operating as snow-plowing vehicles.

ID: nht69-2.40

DATE: 06/30/69

FROM: C.A. BAKER -- OFFICE OF STANDARDS ON ACCIDENT AVOIDANCE, MOTOR VEH. PERFORMANCE SERV., CONCURRENCE OF OFFICE OF ASST CHIEF COUNSEL -- NHTSA

TO: Renault, Incorporated

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of June 18, 1969, to the U.S. Department of Transportation, concerning your request for clarification of the visibility requirements of back up lamps as specified in Federal Motor Vehicle Safety Standard No. 108.

The visibility requirements for backup lamps on station wagons or similar type motor vehicles will be predicated on the normal driving, or closed tailgate, position. These lamps may therefore be mounted on the tailgate.

ID: nht69-2.41

DATE: 04/23/69

FROM: AUTHOR UNAVAILABLE; Robert Brenner; NHTSA

TO: IFFISA

TITLE: FMVSR INTERPRETATION

TEXT: We regret the delay in replying to your letter of January 15, 1969, to Dr. William Haddon, Jr., concerning regulations applicable to replicas of antique automobiles which you manufacture.

As a general rule, motor vehicles manufactured on or after January 1, 1968, must comply with all applicable Federal Motor Vehicle Safety Standards in order to be imported into the United States. Section 114 of the National Traffic and Motor Vehicle Safety Act of 1966 (the Act) requires that manufacturers permanently affix a tag or label to the motor vehicle certifying that the motor vehicle conforms to all applicable Federal Motor Vehicle Safety Standards (FMVSS) established under authority of Section 103 of the Act. Your vehicles would properly be classified as passenger cars. Thus the FMVSS applicable to this classification would apply. The above standards are currently applicable only to motor vehicles over 1,000 pounds curb weight. Curb weight includes a full bad of engine fuel, oil, and coolant as defined in 49 CFR 371.3. In accordance with a proposed rule making published in 32 FR, page 14282, October 14, 1967, the Administrator is considering adding new standards applicable to motor vehicles of 1,000 pounds or less curb weight, and revising certain of the initial standards to extend their applicability to these motor vehicles. Comments have been received from industry and a discussion paper on the subject prepared. This discussion paper will be mailed to industry in the near furture, together with a notice of a meeting to be held on the subject. Your name is being added to the mailing list for this information.

19 CFR 12.80, Importation of Motor Vehicles and Items of Motor Vehicle Equipment, was jointly issued and published by the Secretary of Transportation and the Secretary of Treasury in implementation of Section 108(b)(3) of the Act. This regulation makes provision for importation of certain motor vehicles not conforming to the Federal Motor Vehicle Safety Standards, subject to specific conditions.

An amendment to the Act has granted authority to the Secretary of Transportation, based upon certain specified findings, to exempt temporarily, a limited production motor vehicle from any Federal Motor Vehicle Safety Standard. A limited production motor vehicle is defined as a motor vehicle produced by a manufacturer whose total motor vehicle production, as determined by the Secretary, does not exceed 500 annually. It is to be noted, however, that exemptions are granted to the person actually producing the motor vehicle, not to the importer or distributor of such motor vehicle. Regulations for petitioning for an exemption are contained in 49 CFR 355.5.

In the United States, motor vehicles are licensed for operation by each of the states and the District of Columbia. A letter addressed to the State Department of Motor Vehicles in the capitol city of the states in which you intend marketing your product, should reach an individual who can provide you with information regarding state licensing requirements.

While you did not inquire about Federal regulations concerning control of anti-pollution emission devices, this is another area of possible effect in your situation. These regulations are not the responsibility of the Department of Transportation but of the Department of Health, Education and Welfare. By copy of this letter, Mr. William H. Megonnell, Associate Commissioner for Standards and Compliance, Department of Health, Education and Welfare, National Air Pollution Control Administration, BCT, 801 North Randolph Street, Arlington, Virginia, 22203, is being requested to forward such information as he deems appropriate.

Publications of the Socity of Automotive Engineers (SAE), including copies of SAE Standards, may be obtained by writing to: Society of Automotive Engineers, Inc., 2 Pennsylvania Plaza, New York, New York, 1001.

For your information and guidance, enclosed are copies of the Act, as amended; the Federal Motor Vehicle Safety Standards, (49 CFR 351, 353, 355 and 371); 19 CFR 12.80, Importation of Motor Vehicles and Items of Motor Vehicle Equipment; Declaration Form HS-7, Importation of Motor Vehicles and Motor Vehicle Equipment Subject to Federal Motor Vehicle Safety Standards and the proposed rule making, Docket 5-1.

ENCLOSURES

ID: nht69-2.42

DATE: 12/22/69

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Ford Motor Company

TITLE: FMVSR INTERPRETATION

TEXT: RE: CONSUMER INFORMATION

This is in response to your telegram of December 15 concerning the submission of consumer information on passenger cars produced by your associated company in England. You stated, "This data will be submitted to the Bureau thirty (30) or more days in advance of any of these cars being offered for sale in the United States as required by section 375.6 as published on October 22, 1969."

The regulation (49 CFR @ 375.6(b)) requires information to be made available to prospective purchasers, on or afer January 1, 1970, on "each of the vehicles offered for sale" at the dealer showroom. The general applicability of the information is to vehicles manufactured on or after January 1, 1970. The intent of the regulation is to provide prospective vehicle buyers with information on all the various types of vehicles currently being manufactured and available for purchase after that date.

You apparently are assuming that, within the meaning of the regulation, no vehicles are "offered for sale" to prospective purchasers except those that are physically present in the dealer showroom. This certainly does not reflect the practice of most manufacturers, whose dealers, while keeping representative stock of vehicles on hand, offer for sale (and enter into contracts for sale of) the manufacturer's complete line of vehicles. This interpretation would, furthermore, tend to defeat the main reaon for providing information to prospective purchasers, since a dealer would never be obligated to provide information on vehicles other than those that happened to be in his possession at a given moment.

We advise you, therefore, that the term "vehicles offered for sale" in the prospective purchaser requirement, 49 CFR @ 375.6(b), refers to all the types of vehicles that a manufacturer represents, or the dealer represents with the permission of the manufacturer, as being available for purchase by the general public at a particular dealer location. The regulation requires that consumer information be provided to prospective purchasers on each of there vehicles on or after January 1, 1970, and to the Administrator 30 days in advance of its availability to prospective purchasers.

ID: nht69-2.43

DATE: 12/11/69

FROM: AUTHOR UNAVAILABLE; Robert Brenner; NHTSA

TO: Mercedes-Benz of North America Inc.

TITLE: FMVSR INTERPRETATION

TEXT: RE: CONSUMER INFORMATION

We have received your submittal of consumer information in response to the requirements of 49 CFR Part 375. The regulation requires that manufacturers submit their information to the Administrator 30 days in advance of the time it is made available to prospective purchasers. Since we have not required that this advance submittal be in the same form as that given to purchasers, the following comments are only advisory in nature. There is one respect, however, in which the information, if supplied in this form to prospective purchasers, would not satisfy the requirements of the regulations.

The Consumer Information section on Vehicle Stopping Distance, 49 CFR @ 375.101, specifics that the information presented shall contain "the most adverse combination of maximum or lightly loaded vehicle weight and complete loss of braking in any one of the vehicle brake subsystems." In your submittal, you have presented information for failures in each of the front and rear subsystems, instead of selecting the most adverse combination of weights and system failures. This is likely to confuse consumers attempting to compare vehicles of different manufacturers, and fails to satisfy the requirement that the information shall be submitted "in essentially the form illustrated in Figure 1" of @ 375.101.

We will be glad to answer any questions that you may have with respect to the requirements of these or other motor vehicle safety regulations and standards.

ID: nht69-2.44

DATE: 12/11/69

FROM: AUTHOR UNAVAILABLE; Robert Brenner; NHTSA

TO: Chrysler Corporation

TITLE: FMVSR INTERPRETATION

TEXT: RE: CONSUMER INFORMATION

We have received your submittal of consumer information in response to the requirements of 49 CFR Part 375. That regulation requires that manufacturers submit their information to the Administrator 30 days in advance of the time it is made available to prospective purchasers. Since we have not required that this advance submittal be in the same form as that given to purchasers, the following comments are only advisory in nature. There is one respect, however, in which the information, if supplied in this form to prospective purchasers, would not satisfy the requirements of the regulations.

Each of the three substantive sections establishing requirements for Vehicle Stopping Distance, Tire Reserve Load, and Acceleration and Passing Ability respectively specify that the information shall include, "in essentially the form illustrated in Figure 1," a description of the vehicles to which the table applies. Each of the figures in the regulations shows the vehicle description in close proximity to be tables. This element is missing from your compilation of information. Instead you have provided a master key in the front of the booklet, applying to all the tables within. Not only does this not satisfy the requirement in respect to form, but we have found in attempting to transcribe the information into a standard format that it is very difficult to interpret in some cases; and would surely cause confusion to consumers attempting to use it.

We will be glad to answer any questions that you may have with respect to the requirements of these or other motor vehicle safety regulations and standards.