ID: 12438.WKM

Mr. Dennis S. Chrobak
American Tire Corporation
446 West lake Avenue
Ravenna, OH 44266

Dear Mr. Chrobak:

This responds to your facsimile inquiry of September 10, 1996, in which you stated that you understand that bicycles can lawfully operate on highways without licenses and that bicycles can use tires with inflation pressures of up to 225 psi. You asked whether these statements are true or whether they should be modified.

NHTSA's authority extends to regulation of new motor vehicles and new items of motor vehicle equipment. "Motor vehicle" is defined in 49 U.S. Code 30102(6) as "a vehicle driven or drawn by mechanical power" (emphasis added), and "motor vehicle equipment," such as tires, is defined as "any system, part, or component of a motor vehicle as originally manufactured," or a replacement part or accessory. Thus, since bicycles are propelled by their riders rather than by mechanical power, they do not meet the definition of "motor vehicle." This agency, therefore, has issued no Federal motor vehicle safety standards applicable to bicycles or their equipment, including their tires. The Consumer Product Safety Commission, however, has issued certain requirements for bicycle tires (see Title 16, Code of Federal Regulations, section 1512.10). Any questions about such requirements may be directed to the Office of the General Counsel, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814, telephone (301) 504-0980.

With respect to licenses, we are not aware of any Federal licensing requirements for bicycles. Some states or political subdivisions may have bicycle licensing requirements, but this agency does not maintain that information. You should contact the Departments of Transportation of the states in which you are interested for such information.

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.

Sincerely,

John Womack

Acting Chief Counsel

ref: 119

d:10/4/96

ID: 12450-1.pja

Donna A. Oshiro, Esq.
1000 Bishop Street
Suite 806
Honolulu, HI 96813

Via e-mail and mail

Dear Ms. Oshiro:

This responds to your e-mail enquiring about this agency's regulations concerning seat belts on city transit buses. Your understanding of our regulations is correct--seat belts are not required on large transit buses, except for the driver's seat.

As you know, the National Highway Traffic Safety Administration (NHTSA) is authorized to develop motor vehicle safety standards applicable to all new motor vehicles, including school buses and transit buses. Our belt installation requirements vary according to the type of vehicle. For example, different requirements apply to buses than to passenger cars. For buses generally, our requirements only specify that a safety belt must be installed for the bus driver (note that NHTSA does not regulate belt use, as your e-mail implied; that is left to the States). They do not require safety belts for passengers on large buses (over 10,000 pounds GVWR) used for pupil transportation and other purposes.

We have not required large buses to have safety belts for passengers because we have not found sufficient justification for such a requirement, given that buses have excellent safety records. This safety record arises in part from the fact that, in crashes with other vehicles, buses tend to be substantially heavier than the other vehicle. As a result, the crash forces experienced by bus occupants tend to be less than those experienced by car occupants. Also, because of the elevated seating positions in large buses, bus occupants sit above the area typically damaged in a collision with another vehicle.

NHTSA does not prevent States and local jurisdictions that wish to order safety belts on large buses from doing so. Although large buses are not required by Federal law to have passenger safety belts, bus owners are free to purchase their buses with safety belts installed if they believe their particular circumstances warrant such installation.

I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Paul Atelsek of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

John Womack

Acting Chief Counsel

ref:208

d.12/17/96

ID: 12496-3.pja

[]

Dear []:

This letter responds to your letter asking whether the key locking system you are developing for automatic transmission vehicles complies with Federal Motor Vehicle Safety Standard No. 114, Theft Protection. NHTSA has granted your request of confidential treatment regarding your identity and certain details of your key locking system. As discussed below, your system complies with the standard.

You described the operation of your proposed locking system as follows. The vehicle electronics automatically unlock the doors when they sense the presence of an electronically coded credit card-like "PASS-card." If the PASS-card is inside the vehicle, the engine can be started simply by pressing a "START" button located on the console. The engine can be stopped by pressing an "OFF" button if the transmission is in the "park" position. If the door is opened with the engine running or the transmission not in "park," a warning buzzer sounds. If the door is opened after stopping the engine, the warning buzzer does not sound. In addition, a traditional key can be used to unlock the doors and start and stop the engine. In a November 15, 1996 telephone conversation with Paul Atelsek of this office, a member of your staff confirmed that the transmission would be locked in the "park" position after the engine is stopped. Your staff member also stated that the removal of the the PASS-card from a running vehicle would have no effect on the vehicle's operation until the engine is stopped.

The term "key" is defined in S3 of the standard to include "any other device designed and constructed to provide a method for operating a locking system which is designed and constructed to be operated by that device." We agree that a credit card-like device (encoded as yours is with one of 1,000 code combinations for that vehicle type, in compliance with S4.4) that operates the doors and ignition system comes within this definition. The aspect of the device with the "key-like" properties, however, is really the code that the PASS-card transmits to the vehicle. In a May 22, 1992 interpretation to Stephen Selander, Esq., of General Motors Corporation (GM), NHTSA interpreted the code itself as the "key."

Section S4.2 of Standard No. 114 requires each vehicle to have a key-locking system that, whenever the key is removed, will prevent: (a) normal activation of the vehicle's engine or other main source of motive power; and (b) either steering, or forward self-mobility, or both. Your system meets S4.2(a) because the absence of the key (i.e., the code that the PASS-card transmits by its presence) prevents normal activation of the engine.

Your system also meets the requirement S4.2(b) because when the key code is removed, the vehicle will necessarily be locked in "park," preventing forward self-mobility. This situation is indistinguishable from that in the interpretation to GM. The enabling "key" in that system was the electronic code entered into the system. The only difference in your system is that the code is not entered manually, but automatically by the presence of a physical object, the PASS-card. In both cases, "removal" of the key code is accomplished only by locking the transmission and taking some other action (i.e., pressing a button and removing the PASS-card in your system, or turning a switch in GM's system). Although the enabling PASS-card can be removed without locking the transmission or shutting off the engine, this is no different, for the theft protection purposes of the standard, than being able to walk away from a running conventional vehicle with the keys in the ignition.

Although it was not yet in effect at the time of the interpretation letter to Mr. Selander, we noted at the end of that letter the transmission locking requirement in S4.2.1(a)(2). It requires the key-locking system in each vehicle which has an automatic transmission with a "park" position to prevent removal of the key unless the transmission or transmission shift lever is locked in "park" or becomes locked in "park" as the direct result of removing the key. Because the key code cannot be removed without pressing the "OFF" button, and locking the transmission or transmission shift lever in "park" is a necessary before the "OFF" button will work, your system would also comply with the transmission locking requirement.

The system also meets the requirements of S4.3, but we have some safety concerns about it. S4.3 requires that the means for deactivating the engine not activate the steering lock or transmission lock unless the vehicle is in "park." Your system complies because the means for deactivating the engine (the "OFF" button) does not itself activate these devices. The manual activation of transmission lock is merely a condition precedent to the function of the "OFF" button. The purpose of this provision is to assure that the driver's action of turning the engine off does not create an unsafe condition by locking the steering or the wheels. Most drivers assume that they will be able to deactivate the engine. In your system, the driver cannot deactivate the engine while the vehicle is in motion, even in the case of a stuck accelerator or an engine fire.

Your system complies with S4.5. It requires a warning to the driver whenever the key . . . has been left in the locking system and the driver's door is opened [except] (a) After the key has been withdrawn to a position from which it may not be turned; (b) When the key-locking system is in the "on" or "start" position, or; (c) After the key has been inserted in the locking system and before it has been turned.

Although the language of this provision was not intended for PASS-cards, we must apply it as best we can to your system. As long as the PASS-card is in the vehicle, the electrical systems are on and the key code will remain in the system, ready for the "START" button to be pressed. This situation is analagous to a keyed system being in the "on" position, ready to be turned to the "start" position. Therefore, as long as the PASS card is in the vehicle, the exception in S4.5(b) applies and the warning need not sound when the door is opened.

If you have any further questions about NHTSA's safety standards, please feel free to contact Paul Atelsek of my staff by telephone at (202) 366-2992.

Sincerely,

John Womack
Acting Chief Counsel

cc: Stephen E. Selander, Esq.
Ref:114
d:1/30/97

ID: 125-006333drn

Mr. Alex Angry
Power Flare
PF Distribution Center
6489 Camden Avenue, Suite 108
San Jose, CA 95120

Dear Mr. Angry:

This responds to your request for an interpretation concerning whether your battery-operated warning device, the "PowerFlare Electronic Beacon," must comply with the requirements of Federal Motor Vehicle Safety Standard No. 125, Warning devices, or any other National Highway Traffic Safety Administration (NHTSA) requirement. As explained below, because the PowerFlare Electronic Beacon has a self-contained energy source, Standard No. 125 does not apply to this product. However, since your product is "motor vehicle equipment," your company is subject to certain NHTSA requirements as the manufacturer of the equipment.

NHTSA is authorized to issue Federal motor vehicle safety standards (FMVSSs) for new motor vehicles and new items of motor vehicle equipment. Unlike the practice in many countries, NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Instead, manufacturers are required to certify that their vehicles and equipment meet applicable standards.

Effective October 31, 1994, NHTSA amended Standard No. l25 so that the standard applies only to warning devices that are designed to be carried in buses and trucks that have a gross vehicle weight rating (GVWR) greater than 10,000 pounds. (See 59 FR 49586; September 29, 1994, copy enclosed.) Moreover, Standard No. 125 specifically applies to "devices, without self-contained energy sources." (See S3. Application.)Since the PowerFlare Electronic Beacon is battery-powered, it has a "self-contained energy source."Therefore, Standard No. 125 does not apply to the PowerFlare Electronic Beacon.

Even though not covered by Standard No. 125, the PowerFlare Electronic Beacon is "motor vehicle equipment," and is subject to various provisions of 49 U.S.C. Chapter 301, "Motor Vehicle Safety." "Motor vehicle equipment" is defined at 49 U.S.C. Section 30102(a)(7) as:

(A) any system, part, or component of a motor vehicle as originally manufactured;

(B) any similar part or component manufactured or sold for replacement or improvement of a system, part, or component, or as an accessory or addition to a motor vehicle; or

(C) any device or an article or apparel (except medicine or eyeglasses prescribed by a licensed practitioner) that is not a system, part, or component of a motor vehicle and is manufactured, sold, delivered, offered, or intended to be used only to safeguard motor vehicles and highway users against risk of accident, injury or death.

In determining whether an item of equipment is considered an "accessory ... to the motor vehicle," NHTSA analyzes two criteria. The first criterion is whether a substantial portion of the expected uses of a product is related to the operation or maintenance of motor vehicles. NHTSA determines expected uses by considering product advertising, product labeling, and the type of store that retails the product, as well as available information about the actual use of the product. The second criterion is whether the product is purchased or otherwise acquired, and principally used, by ordinary users of motor vehicles.

Applying these two criteria to the PowerFlare Electronic Beacon, NHTSA concludes that although the device may have non-motor vehicle-related applications, a substantial portion of the expected use of the PowerFlare Electronic Beacon is related to motor vehicles. Your website, www.pfdistributioncenter.com, shows that the PowerFlare Electronic Beacon is marketed for use in conjunction with motor vehicles, to be deployed (in lieu of incendiary flares) on the side of the road in the event a vehicle is disabled. Product literature provided with your letter shows the PowerFlare Electronic Beacon marketed as an economical, "safe and environmentally-friendly" alternative to the incendiary flare. The literature notes that it can be used in situations where flares cannot be used, such as accident scenes where gasoline has spilled. Further, you are marketing the product to ordinary motor vehicle owners and drivers for their purchase. For these reasons, we conclude that your product is an item of motor vehicle equipment.

Manufacturers of motor vehicles and motor vehicle equipment must ensure that their products are free of safety-related defects. If you or NHTSA should determine that your product contains a safety-related defect, you would be responsible for notifying NHTSA and purchasers of the defective equipment and remedying the problem free of charge. (See 49 CFR Part 573, "Defect and Non-Compliance Responsibility and Reports.")

You write that you intend the PowerFlare Electronic Beacon to be used with commercialbuses. The Federal Motor Carrier Safety Administration (FMCSA), another agency of the U.S. Department of Transportation, has jurisdiction over interstate motor carriers operating in the United States. You should contact the FMCSA for an opinion as to whether that agencys requirements apply to your product. You may contact:

Bob Proferes, Director
Office of Bus and Truck Standards and Operations
Federal Motor Carrier Safety Administration
400 Seventh Street, SW, Room 8302
Washington, DC 20590
Telephone: (202) 366‑5307

In addition, the States regulate the use of vehicles and items of motor vehicle equipment. Some States may regulate the warning devices that operators of vehicles may or must use when a vehicle is stopped. The States can provide information on whether they have any requirements for warning devices to be used with motor vehicles.

I hope this information is helpful. If you have any further questions, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosure
ref:125#VSA
d.10/1/04

ID: 125-23956.drn

Herr Reg Auge
Dr. Weber & Co. GmbH
Lüttkoppel 4
22335 Hamburg
Germany





Dear Herr Auge:

This responds to your letter of January 17, 2002, asking for confirmation that Federal Motor Vehicle Safety Standard No. 125, Warning devices (Standard No. 125) applies only to warning devices designed to be carried in buses and trucks over 4536 kg (10,000 pounds) gross vehicle weight rating. As explained below, you are correct in your understanding of the applicability of Standard No. 125.

At S3, Application, Standard No. 125 states:

This standard applies to devices, without self-contained energy sources, that are designed to be carried in buses and trucks that have a gross vehicle weight rating (GVWR) greater than 10,000 pounds. These devices are used to warn approaching traffic of the presence of a stopped vehicle, except for devices designed to be permanently affixed to the vehicle.

The standard had at one point applied to all warning devices that do not have self-contained energy sources and that are designed to be carried in motor vehicles. S3 was amended in a final rule published in the Federal Register on September 29, 1994 (see 59 FR 49586, copy enclosed). In that final rule, we amended Standard No. 125 to apply only to those warning devices that do not have self-contained energy sources and that are designed to be carried in buses and trucks that have a GVWR greater than 10,000 pounds (or 4536 kg). The amendments made in the final rule took effect on October 31, 1994.

A warning device that meets Standard No. 125 must be permanently marked with "the symbol DOT, or the statement that the warning device complies with all applicable Federal motor vehicle safety standards." (See S5.1.4(c).) If your warning devices do not meet Standard No. 125, they must not be marked with the DOT symbol or the statement about compliance with Federal motor vehicle safety standards.

Please note, however, that even if not covered by Standard No. 125, a warning designed to be carried in motor vehicles 4536 kg and under is an item of "motor vehicle equipment," and is subject to various provisions of 49 U.S.C. Chapter 301, "Motor Vehicle Safety." Manufacturers of motor vehicles and motor vehicle equipment must ensure that their products are free of safety-related defects. If a manufacturer or NHTSA should determine that the product contains a safety-related defect, the manufacturer would be responsible for notifying purchasers of the defective vehicle or item of motor vehicle equipment and remedying the problem free of charge. (This responsibility is borne by the vehicle manufacturer in cases in which your devices are installed on a new vehicle by or with the express authorization of that vehicle manufacturer.)

Some states may regulate warning devices that vehicles with a GVWR of 4536 kg or less may or must use when the vehicle is stopped. Each state in which you sell your product can provide information on whether there are any requirements in that state for warning devices to be used with vehicles with a GVWR of 4536 kg or less.

Finally, before your company can market motor vehicle equipment in the United States, 49 Code of Federal Regulations, Part 551 at Subpart D (copy enclosed) requires that you appoint a permanent resident of the United States as your agent for the service of legal process, notices, orders, decisions, or other applicable requirements. The agent can be an individual, a firm, or an American corporation.

I hope this information is helpful. If you need further assistance, please contact Dorothy Nakama of my staff at this address or at (202) 366-2992.

Sincerely,

John Womack
Acting Chief Counsel

Enclosures
ref:125
d.3/5/02

ID: 125-24268.drn

Mr. Arthur W. Uher
Director, Export Sales
Systematic Home Products Industrial Co., Inc.
9610 Honeysuckle Drive
Frisco, TX 75035

Dear Mr. Uher:

This responds to your letter of March 27, 2002, asking for confirmation that Federal Motor Vehicle Safety Standard No. 125, Warning devices (Standard No. 125) applies only to warning devices designed to be carried in buses and trucks over 4536 kg (10,000 pounds) gross vehicle weight rating. You are correct in your understanding of the applicability of Standard No. 125. As explained below, Standard No. 125 does not apply to warning devices, such as your company's product, designed to be carried in passenger automobiles and light trucks.

We are unable, however, to provide you with "recognition," as you requested, that your product "would be acceptable for use in passenger vehicles and trucks whose weight is less than 10,000 lbs" or "is of sound design and offers the user additional safety." The National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under 49 U.S.C. Chapter 301, manufacturers are required to ensure that their vehicles and equipment meet applicable requirements. Even if no Federal motor vehicle safety standard applies to an item of motor vehicle equipment, the equipment manufacturer must ensure that its product is free of safety-related defects.

Standard No. 125 Does Not Apply to Your Product

At S3, Application, Standard No. 125 states:

This standard applies to devices, without self-contained energy sources, that are designed to be carried in buses and trucks that have a gross vehicle weight rating (GVWR) greater than 10,000 pounds. These devices are used to warn approaching traffic of the presence of a stopped vehicle, except for devices designed to be permanently affixed to the vehicle.

The standard had at one point applied to all warning devices that do not have self-contained energy sources and that are designed to be carried in motor vehicles. However, S3 was amended in a final rule published in the Federal Register on September 29, 1994 (see 59 FR 49586, copy enclosed). In that final rule, we amended Standard No. 125 to apply only to those warning devices that do not have self-contained energy sources and that are designed to be carried in buses and trucks that have a GVWR greater than 10,000 pounds (or 4536 kg). The amendments made in the final rule took effect on October 31, 1994.

A warning device that is subject to Standard No. 125 must be permanently marked with "the symbol DOT, or the statement that the warning device complies with all applicable Federal motor vehicle safety standards." (See S5.1.4(c).) If your warning devices are not covered under Standard No. 125 (i.e., are not designed to be used by commercial vehicles with GVWRs greater than 10,000 pounds (or 4,536 kg), and have self-contained energy sources), they must not be marked with the DOT symbol and must not contain any statement about compliance with Federal motor vehicle safety standards.

You Must Ensure Your Product Is Free of "Safety-Related Defects"

Please note, however, that even if not covered by Standard No. 125, a warning device designed to be carried in motor vehicles 4536 kg and under is an item of "motor vehicle equipment," and is subject to various provisions of 49 U.S.C. Chapter 301, "Motor Vehicle Safety." Manufacturers of motor vehicles and motor vehicle equipment must ensure that their products are free of safety-related defects. If a manufacturer or NHTSA determines that the product contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the defective vehicle or item of motor vehicle equipment and remedying the problem free of charge. (This responsibility is borne by the vehicle manufacturer in cases in which a device is installed on or in a new vehicle by or with the express authorization of that vehicle manufacturer.) I have enclosed an information sheet that describes these and other responsibilities.

State Law May Regulate Your Product

Finally, some states may regulate warning devices that vehicles with a GVWR of 4536 kg or less may or must use when the vehicle is stopped. Each state in which you sell your product can provide information on whether there are any requirements in that state for warning devices to be used with vehicles with a GVWR of 4536 kg or less.

I hope this information is helpful. If you need further assistance, please contact Dorothy Nakama of my staff at this address or at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosures
ref:125
d.5/2/02

ID: 12507.ogm

Adrian Burrows, Homologation Engineer
Daewoo Motor Company
Worthing Technical Centre
Downlands Business Park
Lyons Way, Upper Brighton Road
Worthing, United Kingdom, BN149LA

Dear Mr. Burrows:

Thank you for your letter requesting an interpretation of the requirements of two of our safety standards. This letter responds to your questions concerning Standard No. 201, Occupant

Protection in Interior Impact and Standard No. 205, Glazing Materials. I regret the delay in this response.

Your request regards the installation of glass mirrors on passenger side sun visors. You note that Standard 201 does not address the presence of mirrors on sun visors but that S3.4 of the Standard contains general requirements for sun visors. You ask if S3.4 requires the exposed edges of any mirror attached to a sun visor to meet the radii requirements of S3.4.2 or be covered by energy absorbing material pursuant to S3.4.1.

The National Highway Traffic Safety Administration has determined that paragraph S3.4.1 of Standard No. 201 does not prohibit the installation by manufacturers of vanity mirrors on sun visors.

Consequently, so long as the mirror does not interfere with the energy-absorbing requirement of S3.4.1, manufacturers are free to incorporate such mirrors into or onto sun visors.

You also ask if the mirror must meet the radii requirements of S3.4.2. S3.4.2 provides that a visor's mounting must "present no material edge radius of less than 0.125 inch that is statically contactable by a spherical 6.5-inch diameter head form." In a letter dated June 19, 1989, from Stephen P. Wood to a Mr. Jack Satkoski of Spectra Enterprises the agency interpreted this requirement to apply to both the visor and its mount. Therefore, your mirror must be installed in a fashion that assures that your visor meets the radii requirements of S3.4.2

Your final question relates to whether a glass mirror attached to a sun visor must meet any glazing requirements. Standard No. 205 specifies performance requirements for glazing material for use in specified locations in motor vehicles, including motor homes. The agency has previously stated that the standard establishes requirements for glazing used in windows and interior partitions in motor vehicles. Glazing used in locations other than windows and interior partitions would not be subject to the requirements of the standard. Therefore, the vanity mirror you propose would not have to meet the requirements of Standard 205.

I hope that this response is helpful. If you have any questions or comments, please contact Mr. Otto Matheke of this office at (202) 366-5263.

Sincerely,
John Womack
Acting Chief Counsel
ref:201
d.7/3/97

ID: 12530.ztv

Mr. Marvin Lee Eastman
1033 E. Vine
Fresno, CA 93706-5303

Dear Mr. Eastman:

This is in reply to your letter of September 24, 1996, with respect to a "safety display board to be mounted on the rear of a trailer in the effort to help prevent accidents involving cars and tractor trailers." You would like to know if this is permissible under the laws that we administer.

The message board could be mounted on the side (at an angle) or on the rear of the trailer. When the turn signal is activated, a message "will rotate around the message board" which may read "For your safety please move in front of the tractor or to the rear of the trailer."

We appreciate your thoughtful wish to improve safety on our nation's highways, but, in our opinion, your invention may create more problems than it would solve. In order to read and comprehend a moving message, a vehicle operator will be diverted from giving full attention to driving. Furthermore, a flashing turn signal that is used for purposes other than to indicate an intention to turn has the potential to confuse motorists to the front as well as to the rear

of the trailer. For these reasons, we believe that this system could impair the effectiveness of some lighting equipment such as stop lamps and turn signal lamps which we require to be on trailers. When a lamp's effectiveness is impaired, it is equivalent to making that lamp inoperative, in our view.

Under the laws we administer, this system would not be permitted as original equipment on new trailers. In the aftermarket, the system could be marketed for trailers in use, but it could not be legally installed by manufacturers, dealers, distributors, or motor vehicle repair businesses. However, the owner would not be prohibited from installing the message board system. In this event, the legality of the message board becomes a matter of State law. We are unable to advise you on State laws and recommend that you contact the Department of Motor Vehicles in the States in which the system may be used.

If you have further questions, you may refer them to Taylor Vinson of this Office (202-366-5263).

Sincerely,

John Womack
Acting Chief Counsel
ref:108
11/2/96

ID: 12535.ztv

Mr. Clive Rock
3920 West 23 Avenue
Vancouver
British Columbia V6S 1L2
Canada

Dear Mr. Rock:

This is in reply to your email of October 1, 1996, asking two questions about rear lighting on motor vehicles.

Your first question is why the agency has not required rear turn signals to be amber rather than allowing a manufacturer to choose between red and amber. Historically, red has been the color preferred by American manufacturers, while the practice in countries outside the United States has been to use amber. Intuitively it would appear that a separate amber lamp might provide a more effective signal than a red signal emitted by a combination stop/taillamp. However, Standard No. 108 compensates for a lack of separation in a rear combination lamp by requiring s the red turn signal have a higher candela than the taillamp to differentiate it, and specifies that the turn signal will override the stop lamp when it is activated. Although our field studies do show a very slight improvement in signal detectability when amber is used as a separate turn signal, the improvement is insufficient to warrant eliminating red as an acceptable color for rear turn signals, and requiring amber as the sole permissible color.

Your second question is why the agency doesn't require taillamps to be at the outer extremities of vehicles. We are aware that it is the practice of some countries to specify dimensional locations for rear lamps (e.g., within 3 inches of the edge of the vehicle), but Standard No. 108 is drafted so as to afford a manufacturer freedom to locate rear lighting as the manufacturer chooses, within the broad directive that such lamps be "as far apart as practicable." This is the requirement for the location of rear stop, turn signal, and taillamps. A manufacturer may choose to stack the lamps or to locate two of the rear lamps inboard of the third. The agency will not contest the manufacturer's determination unless it is clearly erroneous.

If you have any further questions, Taylor Vinson of this Office will be pleased to answer them (202-366-5263) or email Tvinson@NHTSA.DOT.GOV.

Sincerely,

John Womack
Acting Chief Counsel
ref:108
d:10/23/96

ID: 12548a.mls

Mr. William Shapiro
Manager, Regulatory Compliance
and Environmental Affairs
Volvo Cars of North America
Volvo Drive
Rockleigh, NJ 07647-0913

Dear Mr. Shapiro:

This responds to your letter asking whether "belt positioning seats" as defined in Standard No. 213, Child Restraint Systems may be either the booster seat cushion (base) by itself or the base with a fixed or removable back. After asking a number of questions about belt positioning seats, you ask what requirements would be applicable to a removable slip cover for a belt positioning seat. The responses set forth below are based on our understanding of the facts set forth in your letter and related attachments.

You state that Volvo currently markets a two piece, cushion (base) and backrest belt positioning booster seat for children over 50 pounds. You further state that this restraint positions a child on a vehicle seat to improve the fit of the vehicle's Type 2 belt system. The restraint lacks any component, such as a belt system or a structural element, to restrain the forward movement of the child's torso in a forward impact. According to your letter, Volvo is contemplating marketing this device in the United States as a belt positioning booster for children 33 pounds and higher. You further state that Volvo markets a backrest which, without tools, may be easily attached and removed from the booster cushion. You state that as a child grows, first the backrest and then the base will no longer be needed.

You ask nine questions about Standard No. 213. You also request that we confirm what you refer to as three "interpretations" of the Standard. Your questions and "interpretations" are restated below, followed by our answers.

QUESTIONS RELATED TO BELT POSITIONING SEATS

You initially ask whether your device meets the definition of a belt positioning booster seat, if it is sold for use by children 33 pounds and higher.

Yes. "Belt positioning seat" is defined in a July 21, 1994 final rule as

A child restraint system that positions a child on a vehicle seat to improve the fit of a vehicle Type II belt system on the child and that lacks any component, such as a belt system or a structural element, designed to restrain forward movement of the child's torso in a forward impact. (59 FR 37167)

The system you describe is consistent with the definition of "belt positioning seat." Moreover, the agency adopted labeling requirements that state that "booster seats shall not be recommended for children of masses of less than 13.6 kg" (30 pounds). Accordingly, it would be permissible for you to market your belt positioning booster seat for use by children weighing 33 pounds or more.

Question 1. Must a belt positioning booster seat that lacks any component to restrain forward movement have a backrest?

No. A belt positioning seat may be either the base by itself or the base with a backrest. In either case, the belt positioning seat must comply with all the performance requirements when tested.

Question 2. If a belt positioning booster must have a backrest may the back be detachable from the base cushion?

As stated in our answer to question 1, a belt positioning booster seat is not required to have a backrest.

Question 3. If the belt positioning booster has a detachable backrest, can it be sold separately from the base cushion?

Nothing in NHTSA's regulations would prohibit a manufacturer from selling a detachable backrest separately from the base cushion.

Question 4. If the belt positioning booster has a fixed or detachable backrest, does it need to meet any requirements such as surface area or side support?

Yes. A belt positioning booster seat with a fixed or detachable backrest is required to meet all requirements that would be applicable to a belt positioning seat with a back, including the surface area and side support requirements set forth in S5.2.2.

Question 5. Is the backrest considered a child restraint under the definition in this regulation?

A detachable backrest, by itself, would not be considered a child restraint under the definitions in Standard No. 213. Nevertheless, a detachable backrest used in combination with a base cushion would be a child restraint system. A "child restraint system" is defined as "any device except Type I or Type II seat belts, designed for use in a motor vehicle or aircraft to restrain, seat, or position children who weigh 50 pounds or less." As stated above, a "belt-positioning seat" is defined as "a child restraint system that positions a child on a vehicle seat..."

Question 6: Must the detachable backrest be labeled in the same way as the cushion base?

No. A detachable backrest would not be required to be labeled in the same way as the cushion base, provided that the cushion base is labeled with all the information required by Standard No. 213.

Question 7: If a belt positioning booster seat with a detachable backrest is tested by NHTSA for compliance to FMVSS 213, will NHTSA test with or without the backrest attached?

If the seat is recommended for use both with and without the backrest, then NHTSA would test the belt positioning seat in both use modes: as a cushion alone and with the backrest attached. The agency believes that it is necessary to test the seat both ways in order to replicate fully the actual anticipated use of the child restraint system.

You conclude this section by stating that:

It is our interpretation that the booster seat cushion (base), by itself, constitutes a belt positioning booster seat that may be labeled as being suitable for children weighing not less than 30 pounds. Further, we believe that a belt positioning booster seat that lacks any component, such as a belt or a structural element like a shield, may have a back that is either fixed or removable.

We agree with both of your statements: A seat cushion (base) by itself may be a belt positioning booster seat, and a belt positioning booster seat may have a back that is either fixed or removable.

QUESTIONS RELATED TO SLIP COVERS

You state that Volvo is considering marketing a removable slip cover for the belt positioning booster seat that would either be one piece that covers both the base and the attached back or two pieces that would separately cover each piece. You anticipate selling the slip cover either with the booster seat or as an accessory separately. You state that the slip cover may cover labels on the booster seat required by Standard No. 213.

8. Volvo would like to know if a slip cover as described above would be permitted to be sold with the booster or separately as an accessory?

A slip cover would be permitted to be sold either with the booster or separately as an accessory.

The applicable requirements differ depending on whether a slip cover is sold with the booster seat or as an accessory. A slip cover sold with the booster seat would be considered part of the child restraint system, and therefore would be subject to all applicable requirements in FMVSS No. 213, including the labeling requirements in S5.5 and the flammability resistance requirements in S5.7. A slip cover sold separately as an accessory would not be subject to these requirements. While it is unlikely that the slip cover would be installed by a motor vehicle manufacturer, distributor, dealer or repair business, 49 U.S.C. 30122 prohibits those businesses from installing the device if the installation "makes inoperative" compliance with any safety standard. No commercial business listed in 30122 can install a slip cover if the product undermines the vehicle's compliance with a safety standard, including FMVSS 213's labeling requirements.

The prohibition of 30122 does not apply to individual owners who install equipment on their own child restraint systems. Thus, individual owners may install any item of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, NHTSA encourages owners not to degrade the safety of their child restraint systems.

In addition, as a manufacturer of motor vehicle equipment, you are subject to the requirements of 49 United States Code 30118-30121 concerning the recall and remedy of products with safety related defects. In the event that you or NHTSA determines that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

9. Must the required warning labels or other information, such as the date and location of manufacture on the booster seat, be visible with the slip cover installed?

Under S5.5.3, information specified in S5.5.2(g) through (k) must be visible with the slip cover installed. The agency notes that it is important for this information to remain visible, given that child restraint systems may be used by people other than the initial purchaser such as grandparents and child care providers who would not know about a warning label that was covered by a slip cover. Nevertheless, information specified in S5.5.2(a) through (f) (such as the date and location of manufacture) need not be visible when a system is installed, and thus may be obscured by a slip cover.

With respect to a slip cover sold as an accessory, the agency cannot require labeling information to be visible when the slip cover is installed. Nevertheless, NHTSA strongly urges you to either label the slip cover with this important safety information or not obstruct this information already labeled on the child restraint system.

You conclude your letter by asking us to confirm the following statement:

It is our interpretation that FMVSS 213 does not apply to either the backrest or the slip cover. As we understand, the standard applies to new child restraint systems that are designed to restrain, seat or position children. Both the backrest and the slip cover, by themselves, were not designed to restrain, seat, or position the child and thus would not be subject to the standard. Since the backrest would not be considered a child restraint system, it would not have to be labeled nor would it have to meet the surface area or side support requirements of the standard. Also, since the slip cover is installed over the child restraint by the consumer after the initial sale we believe that labeling the child restraint appropriately is sufficient to meet the requirements of the standard and that it is not required to label the slip cover in any way.

As explained above, we cannot fully agree with your interpretation. If it is sold with a child restraint system, a slip cover would have to comply with the flammability resistance requirements. In addition, the slip cover must either be labeled or not obstruct the safety information on the child restraint system.

While a backrest sold alone would not be a child restraint system, a backrest in connection with a bottom cushion would be a child restraint system and therefore would be subject to all applicable requirements in Standard No. 213.

If you have any further questions, please do not hesitate to contact Mr. Marvin Shaw at (202) 366-2992.

Sincerely,

John Womack

Acting Chief Counsel

ref:213

d.12/5/96