Patrick Boyd, Head Mechanic

Manchester Local Schools

6075 Manchester Road

Akron, OH 44319

Dear Mr. Boyd:

This responds to your request for a ruling or clarification on the extent to which diodes on school bus light emitting diode (L.E.D.) lighting must be burned out for the school bus to be taken out of service. Our answer is provided below.

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized under 49 U.S.C. Chapter 301 to issue and enforce safety standards applicable to new motor vehicles and items of motor vehicle equipment. NHTSA does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Each State has the authority to regulate the operation and use of motor vehicles, including school buses, which travel on the public roads of that State.

The question you pose relates not to the manufacture and/or sale of a new school bus but to operational requirements (i.e, which lights or diodes on the school bus must function) for school buses to be permitted to travel on Ohio roads. The agency notes that L.E.D. lamps are certified to our lighting standard (Federal Motor Vehicle Safety Standard No. 108, Lamps, reflective devices, and associated equipment) by manufacturers at the time of sale with a full one hundred percent of the diodes operating.

However, the determination of when a school bus is taken out of service is entirely up to State law. Further, your State motor vehicle administration should be able to tell you which State official has the final authority in making decisions about which school buses will be permitted to be used on Ohio roads.

I hope this information is helpful. If you have any further questions, please contact Ms. Dorothy Nakama at this address or at (202) 366-2992.

Sincerely,

Anthony M. Cooke

Chief Counsel

ref:VSA

d.9/5/06

Dean Rose, Founding Partner

Transportation Safety Products, Ltd.

6797 N. High Street, Suite 214

Worthington, OH 43085

Dear Mr. Rose:

This responds to your letter asking about Federal requirements that apply to a voice alarm system that, according to the advertising pamphlet you enclosed, actually talks to and alerts the children with three distinct, clear and loud voice messages. There is also a panic button that verbally warns pedestrians and/or children that a car is moving around the school bus stop arm by announcing: Danger! Get back! A car is coming!

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized under 49 U.S.C. Chapter 301 to issue and enforce Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and items of motor vehicle equipment. NHTSA does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, our statute establishes a self-certification process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates reports of safety-related defects.

There is no FMVSS that applies to a child safety alarm system such as you have described. However, as a manufacturer of motor vehicle equipment, you are subject to the requirements of 49 U.S.C. 30118-30121 concerning the recall and remedy of products with safety-related defects. I have enclosed an information sheet that briefly describes those and other manufacturer responsibilities. In the event the manufacturer or NHTSA determines that the product contains a safety-related defect, the manufacturer would be responsible for, among other things, notifying purchasers of the defective equipment and remedying the problem free of charge. (Note that this responsibility is borne by the vehicle manufacturer in cases in which your device is installed on a new vehicle by or with the express authorization of that vehicle manufacturer.)

In addition, Section 30122 of our statute (49 U.S.C. 30101 et seq.) prohibits a motor vehicle manufacturer, dealer, distributor, or repair business from making modifications that

make inoperative any part of a device or element of design installed on or in a motor vehicle in compliance with an applicable motor vehicle safety standard Any person in the aforementioned categories installing your device on a new or used school bus or transit bus must take care with the safety systems required of the vehicles. For example, FMVSS No. 217, Bus emergency exits and window retention and release, establishes requirements for school bus emergency exit release. Section S5.3.3.1 requires, among other things, an audible warning at the school bus drivers seating position and in the vicinity of the emergency exit door if the release mechanism is not in the position that causes the emergency exit door to be closed and the vehicles ignition is on. In addition, FMVSS No. 131, School bus pedestrian safety devices, has a requirement in section 5.5 for a warning audible to the driver when an optional device that prevents the automatic extension of a stop signal arm is activated. Your device must not negatively affect the operation of either of these required warning systems.

The make inoperative provision does not apply to a vehicle owner making changes to his or her own vehicle. However, NHTSA urges owners not to degrade the safety of their vehicles.

We also note that this child safety alarm system appears to shift some of the burden of responsibility to child pedestrians. The responsibility for looking out for children should, first and foremost, be on the adults (i.e., the school bus driver and the drivers of vehicles around the school bus). This product should not be viewed as a substitute for vigilance on the part of drivers to look out for children. In addition, the talking bus should not distract children, especially when they are crossing the street. We are also concerned that the bus may attract the curious child, encouraging approaching the bus and seeking out the source of the voice.

The Federal Transit Administration (FTA) may have requirements that affect the placement of your child safety alarm system on transit buses. I would suggest you contact them directly for a legal opinion about the applicability of FTA requirements to your product.

Note also that States have the authority to regulate the operation and use of vehicles. If you wish to know whether State law permits the installation of your child safety alarm system in school buses or other motor vehicles, you should contact State officials with your question.

I hope this information is helpful. If you have any further questions, please contact Ms. Dorothy Nakama at this address or at (202) 366-2992.

Sincerely,

Anthony M. Cooke

Chief Counsel

Enclosure

ref:VSA

d.11/3/06

Mr. Terrill J. Blair, Sr.

7013 86^th Street, NW

Gig Harbor, WA 98332

Dear Mr. Blair:

This responds to your letter asking whether a used car with deployed air bags must have its air bags reinstalled before sale. As discussed below, Federal law does not require replacement of a deployed air bag in a used vehicle. However, individual State laws may require such reinstallation before a used car is sold.

You explain that you recently purchased a 1996 Buick LeSabre from a private party. You state your belief that the vehicles air bags have been deployed, and the air bags were not reinstalled. You write to ask whether this car [can] be sold without the air bags (safety equipment) being reinstalled.

I am enclosing two letters that explain legal obligations to replace air bags which have been deployed as a result of a crash. The first letter, dated January 19, 1990, is to Ms. Linda L. Conrad. The second letter, dated March 4, 1993, is to Mr. Robert A. Ernst. As explained in those letters, Federal law does not require replacement of a deployed air bag in a used vehicle. In addition, there is no Federal law that prohibits selling a used vehicle with an air bag that is inoperable because of a previous deployment. However, our agency strongly encourages dealers and repair businesses to replace deployed air bags whenever vehicles are repaired or resold, to ensure that the vehicles will continue to provide maximum crash protection for occupants.

Despite the absence of any requirement in Federal law, State law may require replacement of deployed air bags. You may wish to contact the Attorney General of the State of Washington to learn if there are any applicable laws or regulations:

Office of the Attorney General

State of Washington

1125 Washington, St., S.E.

P.O. Box 40100

Olympia, WA 98504-0100

The Washington State Attorney General has branch offices that might be closer to you.

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,

Anthony M. Cooke

Chief Counsel

Enclosures

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d.12/13/06

Mr. Kiminori Hyodo

Deputy General Manager, Regulation & Certification

Koito Manufacturing Co., Ltd.

4-8-3, Takanawa

Minato-Ku Tokyo

Japan

Dear Mr. Hyodo:

This responds to your letter requesting clarification regarding the luminous intensity requirements for front turn signal lamps under Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment (FMVSS No. 108). Specifically, you asked whether the multiplier in paragraph S5.3.1.7 of Standard No. 108 applies to the minimum luminous intensities listed in Figure 20, Visibility of Installed Lighting Devices (Luminous Intensity Measurement Method). As discussed below, it does not.

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue FMVSSs that set performance requirements for new motor vehicles and items of motor vehicle equipment (see 49 U.S.C. Chapter 301). On August 11, 2004, NHTSA published a final rule updating FMVSS No. 108 to increase compatibility with the relevant standards of the Society of Automotive Engineers (SAE) and the Economic Commission for Europe (ECE) pertaining to a variety of lighting requirements (see 69 FR 48805).

The luminous intensity multiplier referred to in paragraph S5.3.1.7 of Standard No. 108 applies to the photometric requirements of turn signal lamps. Paragraph S5.3.1.7 specifies that the multiplier applied to obtain the required minimum luminous intensities shall be 2.5. The multiplier referred to in paragraph S5.3.1.7 supersedes the luminous intensity multiplier described in paragraph 5.1.5.4 of SAE J588 (rev. Nov. 84), which has been incorporated by reference into FMVSS No. 108 via paragraph S5.1.1 and Table III of the standard. (S5.1.1 refers to Table III, which references SAE J588 (rev. Nov. 84) as the applicable standard for turn signal lamps.) To explain more fully, paragraph 5.1.5.4 of SAE J588 (rev. Nov. 84) specifies numerous luminous intensity multipliers dependent on the lamp separation distance. Paragraph S5.3.1.7 overrides this SAE specification by requiring that turn signal lamps mounted within 100mm of the lighted edge of a headlamp shall use 2.5 as the multiplier. Thus, the luminous intensity multiplier referred to in FMVSS No. 108 paragraph S5.3.1.7 applies to the SAE J588 (rev. Nov. 84) photometric requirements of turn signal lamps.

We note that the minimum luminous intensities referred to in Figure 20 of FMVSS No. 108 are visibility requirements, not photometric requirements. The origin of these requirements is FMVSS No. 108 paragraph S5.3.2(b). This paragraph states that a manufacturer must certify compliance of each lamp to one of the following visibility requirement options, with one option being that each such lamp must provide a luminous intensity not less than that specified in Figure 20. Because this refers to visibility requirements, referencing the light seen by the human eye, as opposed to photometry requirements, referencing the output of light from the lamp (and which was the subject of the luminous intensity multiplier), the multiplier does not apply to the values in Figure 20.

I hope this information is helpful. If you have any further questions, please contact Ari Scott of my staff at (202) 366-2992.

Sincerely,

Anthony M. Cooke

Chief Counsel

ref:108

d.2/7/07

Mr. Kiminori Hyodo

Deputy General Manager, Regulation & Certification

Koito Manufacturing Co., Ltd.

4-8-3, Takanawa

Minato-Ku Tokyo

Japan

Dear Mr. Hyodo:

This responds to your letter, in which you seek clarification as to the definition of the optical axis for a lower beam headlamp using light-emitting diodes (LEDs) under Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. Specifically, you asked how one would determine the optical axis for a LED lower beam headlamp, where respective LEDs provide different light intensities or beam configurations. As discussed below, it is our opinion that the optical axis for a visual/optical aim headlamp is the reference axis necessary to assure proper horizontal and vertical alignment of the optical aiming equipment. It is up to the manufacturer to decide how to determine that axis and to select the location of the required marking. This interpretation would apply to any visually/optically aimed headlamp regardless of light source type.

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue FMVSSs that set performance requirements for new motor vehicles and items of motor vehicle equipment (see 49 U.S.C. Chapter 301). NHTSA does not provide approvals of motor vehicles or motor vehicle equipment.  Instead, manufacturers are required to self-certify that their products conform to all applicable safety standards that are in effect on the date of manufacture. FMVSS No. 108 specifies requirements for original and replacement lamps, reflective devices, and associated equipment.  NHTSA selects a sampling of new vehicles and equipment each year to determine their compliance with applicable FMVSSs.  If our testing or examination reveals an apparent noncompliance, we may require the manufacturer to remedy the noncompliance, and may initiate an enforcement proceeding if necessary to ensure that the manufacturer takes appropriate action.

Your letter asked what constitutes the location of the optical axis in a situation in which LEDs of varying intensity are used in a headlamp. You described a situation in which one LED from an array of LEDs serves to provide the dominant intensities toward the center of the beam pattern and determines a major characteristic of a cut-off. You asked if it would be appropriate to use that element to determine the optical axis. You also ask this question assuming a condition where respective LEDs are directed differently to constitute respective parts of the low-beam illumination. These questions caused the agency to closely examine the meaning of optical axis in order to assure proper headlamp aiming.

In your letter, you cited a prior agency interpretation (December 21, 2005 letter to Mr. Takayuki Amma) regarding lower beam headlamps using several LEDs of equal light intensities, and our conclusion that the optical axis shall always correlate to the actual photometric output of the lamp. In view of your latest inquiry, we reexamined our 2005 interpretation relative to the determination of the optical axis. In our 2005 interpretation, we expressed agreement that the optical center would serve as an optical axis of a lower beam headlamp. We also agreed with your recommended approach and said that for LED lower beam headlamps, the optical center should be determined as the geometric center of the portion of the lens that is illuminated by the LED light sources. While we continue to believe this could be a valid approach, manufacturers may choose other methods as well. For example, with LED light sources of varying intensity, a manufacturer could conclude that the geometric center of the illuminated lens might not be accurate for marking the lamp for aiming purposes.

The agency notes that the term optical axis as used in FMVSS No. 108 may be inconsistent with the encyclopedic definition of the phrase. For visually/optically aimed headlamps, the term optical axis, as it is used in Standard No. 108, refers to the reference axis (a.k.a. mechanical axis) of the headlamp. Given this, we have reexamined a second point from the 2005 letter, in which we stated that the center of the emitted light is always taken to be the center of the optical axis. In saying this, we were quoting a January 14, 1976 letter of interpretation to the Department of California Highway Patrol. Upon closer examination, the 1974 letter addressed the optical axis (i.e., the mechanical or reference axis) in turn signals, not headlamps. As turn signals are symmetrical, the center of light emitted should always constitute the reference axis. However, as headlamps are asymmetrical, the quoted portion of the 1974 letter does not apply to headlamps.

Paragraph S7.8.5.3(f) of FMVSS No. 108 requires that a visually/optically aimed headlamp include a mark or markings identifying the optical axis of the headlamp. The location of this mark or markings is to be determined by the headlamp manufacturer. Once chosen, the mark establishes the reference axis that will be used to assure proper horizontal and vertical alignment of the aiming screen or optical aiming equipment with the headlamp being aimed. NHTSA will use this mark to identify the reference axis, and will conduct its compliance testing accordingly.

Finally, we note that this interpretation broadens flexibility for manufacturers under the rule and, as such, does not amount to a change implicating compliance issues for manufacturers currently relying on the opinions in our previous letters.

If you have any further questions, please contact Ari Scott of my staff at (202) 366-2992.

Sincerely,

Anthony M. Cooke

Chief Counsel

ref:108

d.5/25/07