ID: 19090.ztv

Ken Silverman, Manager of Marketing
Portable Products Division
Ingersoll-Rand Company
501 Sanford Avenue
P. O. Box 868
Mocksville, NC 27028

Dear Mr. Silverman:

We regret the delay in responding to your letter concerning the portable air compressors that your company manufactures. According to your letter, some of these units are trailered behind vehicles. You asked our interpretation as to whether the compressors are trailers as defined in 49 CFR Part 571.3 and, if so, which lighting requirements in Federal Motor Vehicle Safety Standard (Standard) No. 108, Lamps, reflective devices, and associated equipment, are applicable.

Chapter 301 of Title 49, U.S. Code (U.S.C.) (Safety Act) authorizes the National Highway Traffic Safety Administration to establish Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment. The Safety Act defines a "motor vehicle" as:

[A] vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line.

49 U.S.C. 30102(a)(6).

Your letter enclosed pictures and a written description of the air compressors that indicated that the compressors are used for a variety of purposes and in a variety of locations. For example, they can be used at construction sites, agricultural locations, nuclear power plants, fairs and carnivals, movie sets, and the like.

Whether the agency considers your units to be motor vehicles depends on their intended use. It is the agency's position that this statutory definition does not encompass mobile construction equipment, such as cranes and scrapers, which use the highway only to move between job sites and which typically spend extended periods of time at a single job site. In such cases, the on-highway use of the vehicle is merely incidental and is not the primary purpose for which the vehicle was manufactured. In contrast are instances where vehicles, such as dump trucks, frequently use the highway going to and from job sites, and stay at a job site for only a limited time. Such vehicles are considered motor vehicles for purposes of the Safety Act, since the on-highway use is more than "incidental."

We do not have sufficient information about the use of your various air compressors to determine whether or not they are motor vehicles. I note, by way of guidance, that we concluded that mobile waterjet cutting and cleaning equipment was not a motor vehicle, based on the fact that it appeared to stay on job sites for extended periods of time ranging from a week to over a year.

If, however, your portable air compressors are used frequently on the highways, they would be considered motor vehicles and would be required to comply with all applicable FMVSSs, including Standard No. 108. For purposes of explaining how the standard would apply to your units, the following discussion assumes that they would be considered motor vehicles.

It appears from the pictures you sent us that the compressor is a trailer of less than 80 inches in overall width. The lighting requirements for a trailer of this size are set forth in Tables III and IV of Standard No. 108, copies of which I enclose. Table III lists the equipment required for trailers and the applicable SAE materials, and Table IV, the location of this equipment. The requirements of Table III are modified by certain exceptions in S5.1.1 and those of Table IV, by exceptions in S5.1.3 of Standard No. 108.

If the combination lamp on the rear of your trailer incorporates a turn signal function as well as tail and stop functions, the trailer appears to be equipped with the number and types of lamps and reflectors required by Table III of Standard No. 108. The location of this equipment also appears to accord with the requirements of Table IV. You still must determine, or assure yourself, that these devices meet the performance requirements of the standard before certifying that the trailer conforms to all applicable FMVSS. If, as we believe most likely, you are buying lighting equipment for the trailer in the aftermarket, the manufacturer of the equipment should already have certified its conformance with Standard No. 108, either by placing a DOT symbol on the item, or a certification on the container in which it is sold. This is your best assurance of compliance. If the lighting equipment is being manufactured to your specifications and is not being sold in the aftermarket, please call Taylor Vinson of this Office, who will explain to you manufacturer-supplier responsibilities in this situation.

We are also enclosing for your information a fact sheet listing the FMVSSs and other regulations applicable to trailers.

If you have any questions, you may refer them to Mr. Vinson as well (phone:202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:108
d.2/9/99

ID: 19097.wkm

Mr. Stuart Leopold
DGS Enterprises, Ltd.
2800 Covered Bridge Road
Merrick, NY 11566

Dear Mr. Leopold:

Please pardon the delay in responding to your letter to Walter Myers of my staff in which you asked for a letter stating that use of your "Tire Mend" does not "violate" any Federal motor vehicle safety standards (FMVSS) and may be used in any vehicle. "Tire Mend" is not subject to any FMVSSs. The question of whether the use of "Tire Mend" would violate Federal law is addressed below.

Your letter described "Tire Mend" as a light gel-like substance that when injected into a tire, coats the interior of the tread, rim, and back of the valve stem to seal punctures of up to 5 millimeters (1/4 inch) in diameter. You stated that "Tire Mend" is non-toxic, non-flammable, biodegradable, and contains rust and corrosion inhibitors. You also stated that Goodyear Tire & Rubber Company and Yokohama Tire Corporation have told you that the use of "Tire Mend" does not invalidate their warranties; and that the State of New York has permitted the use of "Tire Mend" in that state.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority under Chapter 301 of Title 49, U.S.Code (U.S.C.) (Safety Act) to issue FMVSSs applicable to new motor vehicles and new items of motor vehicle equipment. The Safety Act establishes a self-certification system in which manufacturers certify that their products comply with all applicable FMVSSs in effect on the date of manufacture. NHTSA enforces compliance with the standards by purchasing and testing motor vehicles and equipment. The agency also investigates safety-related defects. If NHTSA or the manufacturer ascertains that a vehicle or item of equipment does not comply with an applicable standard or has a safety-related defect, the manufacturer is responsible for notifying owners and for remedying the defect or noncompliance at no charge to the consumer. In view of that self-certification system, NHTSA does not approve, disapprove, test, endorse, or certify any motor vehicle or item of motor vehicle equipment prior to its introduction into the retail market.

NHTSA has not issued any FMVSSs specifically applicable to substances such as "Tire Mend." You stated in a recent telephone conversation with Mr. Myers that "Tire Mend" is primarily an aftermarket item that is currently used primarily by fleet operators and other medium to heavy vehicles and is not yet available to the general public. Section 30122 of the Safety Act provides that a manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly "make inoperative" any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in accordance with any FMVSS. Therefore, any product such as "Tire Mend" could not be installed by one of those entities if such use adversely affected the compliance of a vehicle or tire with any FMVSS. This provision does not apply, however, to equipment attached to or installed on or in a vehicle or item of equipment by the vehicle owner.

The use of "Tire Mend" may be subject to the laws of various states in which it is sold and/or used. We are unable to advise you on state laws, thus we recommend that you check with the motor vehicle departments of the states in which you intend to market "Tire Mend." In that connection, you may also contact the American Association of Motor Vehicle Administrators, 4301 Wilson Blvd., Suite 400, Arlington, VA 22203, (703) 522-4200.

I note that the Federal Highway Administration has jurisdiction over commercial carriers in interstate commerce. We are therefore coordinating this response through the Program Manager for Motor Carriers and Highway Safety for that agency, this address, telephone (202) 366-4012.

For your information, I am enclosing a fact sheet prepared by this agency titled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment. This fact sheet provides general information on the requirements applicable to manufacturers of new motor vehicles and equipment.

I hope this information is helpful to you. Should you have any questions or need further information, feel free to contact Mr. Myers at this address or by telephone at (202) 366-2992, or fax at (202) 366-3820.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosure
ref:109#119
d.3/30/99

ID: 19123.ztv

Mr. John Carlson
Legislative Liaison
Motor Vehicle Division
Arizona Department of Transportation
P.O. Box 2100
Phoenix, AZ 85001-2100

Dear Mr. Carlson:

We are replying to your letter of December 2, 1998, to Stephen R. Kratzke, Office of Crash Avoidance, NHTSA.

You write in reference to Arizona Revised Statute 28-5805, Motor vehicles powered by alternative fuels. For purposes of that section "'Motor vehicle' means a vehicle that meets the safety standards of the national highway traffic safety administration" (Sec. F.2, 28-5805). You ask "whether the new federal safety standards for golf carts and NEVs is sufficient to qualify these slower moving vehicles as a 'motor vehicle' under state law."

The definition of "motor vehicle" in ARS 28-5805 is broad enough to include any motor vehicle that is certified by its manufacturer as meeting NHTSA's Federal motor vehicle safety standards. This would include any 4-wheeled passenger carrying vehicle manufactured as a "low-speed vehicle" on or after June 17, 1998, equipped with a label certifying that it meets all applicable Federal motor vehicle safety standards (i.e., Standard No. 500), whether that vehicle is a neighborhood electric vehicle (NEV) or golf cart, if the vehicle's maximum speed, either originally or as modified, is more than 20 miles per hour but not more than 25 miles per hour.

If you have any questions, you may phone Taylor Vinson of this Office (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:500
d.12/22/98

ID: 19132.drn

Taylor Jones, Jr., Esq.
Attorney at Law
Jones, Washington Co., L.P.A.
1308 Talbott Tower
118 West First Street
Dayton, OH 45402-1104

Dear Mr. Jones:

This responds to your request for information on how to ensure that a vehicle capable of transporting more than ten (10) persons meets the Federal motor vehicle safety standards (FMVSS) applicable to school buses. You represent a Head Start Agency in Montgomery County, Ohio with 4,000 pre-school children, and your client wishes to ensure that the buses it buys meet the National Highway Traffic Safety Administration's (NHTSA) school bus safety standards. I regret the delay in this response. Our answer is provided below.

By way of background, NHTSA is authorized to issue and enforce the Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles. Our statute at 49 U.S.C. 30112 requires any person selling or leasing a new vehicle to sell or lease a vehicle that meets all applicable standards. Accordingly, persons selling or leasing a new "school bus" must sell or lease a vehicle that meets the safety standards applicable to school buses. Our statute defines a "schoolbus" as any vehicle that is designed for carrying a driver and more than 10 passengers and which, NHTSA decides, is likely to be "used significantly" to transport "preprimary, primary, and secondary" students to or from school or related events. 49 U.S.C. 30125. By regulation, the capacity threshold for school buses corresponds to that of buses -- vehicles designed for carrying more than ten (10) persons. For example, a 15-person van that is likely to be used significantly to transport students is a "school bus."

Pursuant to 49 U.S.C. 30115 "Certificate of compliance," motor vehicle manufacturers must certify that the vehicles they manufacture comply with applicable motor vehicle safety standards. Certification of a vehicle must be shown by a label or tag permanently fixed to the vehicle. NHTSA has established its motor vehicle certification regulations at 49 CFR Part 567 "Certification."

To determine whether a bus meets the FMVSSs applicable to school buses, your client should look for the certification label that is usually affixed to either the hinge pillar, door-latch post, or the door edge that meets the door-latch post, next to the driver's seating position, or to the left side of the instrument panel. If none of these locations is practicable, the label must be affixed to the inward-facing surface of the door next to the driver's seating position. (See 49 CFR Section 567.4(c)). A bus that meets the FMVSSs applicable to school buses will state "school bus" as its vehicle classification. (See 49 CFR Section 567.4(g)(7)). Although not required by NHTSA to do so, the certification labels on some passenger vans will state "bus, not school bus" as the vehicle classification.

I hope this information is helpful. For more information about the safety features of a school bus, I am enclosing NHTSA's publication: "School Bus Safety: Safe Passage for America's Children." I am also enclosing NHTSA's February 1999 "Guideline for the Safe Transportation of Pre-school Age Children in School Buses." 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,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:VSA#571.3
d.4/7/99

ID: 19146.drn

Mr. Lynn Degenhart
Zia Bus Sales, Inc.
7901 Zuni S.E.
Albuquerque, NM 87108

Dear Mr. Degenhart:

This responds to your request for an interpretation whether you, a Blue Bird school bus dealer, may sell to a school district, a new bus not certified to the National Highway Traffic Safety Administration's (NHTSA) school bus standards when you know that the bus will be used to take students to athletic events and on field trips. The answer is no.

The reason for our answer is as follows. NHTSA is authorized to issue and enforce Federal motor vehicle safety standards applicable to new motor vehicles, including school buses. In 1974, Congress enacted legislation directing NHTSA to issue safety standards on specific aspects of school bus safety, and to apply those standards to all school buses. Our statute defines a "school bus" as any vehicle that is designed for carrying 11 or more persons and which is likely to be "used significantly" to transport "preprimary, primary, and secondary" students to or from school or related events (emphasis added). 49 U.S.C. 30125. NHTSA has determined that "related events" include athletic events and school-related field trips. Our statute at 49 U.S.C. 30112 requires any person selling or leasing a new "school bus" to sell or lease a vehicle that meets the Federal school bus safety standards. The seller risks substantial penalties if he or she sells a vehicle for use as a school bus and the vehicle is not certified as such.

As you note, the school district intends to use the buses to transport school children for school-related events. If you are selling a new bus, you must sell only a bus that meets NHTSA's school bus standards.

You also asked about your legal obligations when selling a used bus to a school or school district. The federal Safety Act requirement to sell or lease complying school buses applies only to new vehicles. If a school wishes to buy or lease a used bus which carries more than 10 persons, NHTSA would not require the seller or lessor to sell or lease a school bus. However, NHTSA believes that school buses are one of the safest forms of transportation in this country, and therefore strongly recommends that all buses that are used to transport school children meet

NHTSA's school bus safety standards. Further, using buses that do not meet the school bus standards to transport students could result in increased liability under State law in the event of a crash. Since any potential liability your dealership may incur arising out of a sale or lease of a used vehicle would be determined by State law, you may wish to consult with an attorney and your insurance carrier for advice on this issue.

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,
Frank Seales, Jr.
Chief Counsel
ref:571#VSA

ID: 19163.ztv

Mr. Fred Kelly
President
Hamsar Diversco Inc.
5320 Downey Street
Burlington, Ontario
Canada L7L 6M2

Dear Mr. Kelly:

This is our answer to your letter of November 12, 1998, to Taylor Vinson of this Office, as a followup to your phone conversation with him on lamps for vehicles equipped with snow plows. This letter also reflects your conversation with Mr. Vinson on December 2.

Our reply discusses your obligations as a Canadian-based manufacturer of motor vehicle equipment selling its product in the United States. We also discuss the obligations that arise on various persons when a snow plow is installed on a motor vehicle.

You wrote us that you "have sold approximately 2500 sets of lights that would not comply with the DOT regulations as far as the low beam, high beam, and park/turn photometric output are concerned," and you asked about your responsibilities on

December 2. We understand that all these lamps were sold to a single customer in the United States for retail sale under the customer's brand name.

The obligations under Federal law of a Canadian-based manufacturer of motor vehicle equipment selling its product in the United States.

We require manufacturers of motor vehicles and motor vehicle equipment based outside the United States to file a designation of agent for service of process through whom legal documents may be sent. In the December 2 phone call, we informed you that Hamsar Diversco, Inc., had not designated an agent, and that it must do so. I enclose a copy of 49 CFR Sec. 551.45 so that you may comply with this requirement at your earliest convenience.

Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices and Associated Equipment, applies to the lamps you sell. They are considered replacement headlamps, parking lamps, and turn signal lamps. As such, they must meet all applicable specifications of Standard No. 108, including photometric output. They must also be certified as meeting those requirements in order to be imported and sold in the United States. You have informed us that the lamps do not comply, but not whether the lamps have been certified as complying. Importation and sale of nonconforming and uncertified replacement lighting equipment is a violation of 49 U.S.C. 30112(a) for which a civil penalty may be imposed. This penalty may be as high as $1,100 for a single violation, and up to $880,000 for a related series of violations. The same penalties apply for lack of certification, or for certification that is false and misleading in a material respect.

When a manufacturer decides that a vehicle or equipment item fails to conform with an applicable standard such as Standard No. 108, 49 CFR Part 573, Defect and Noncompliance Reports the manufacturer must, pursuant to 49 U.S.C. 30118-30120, notify us within 5 days of its decision, and thereafter notify its customers and provide a free remedy for the noncompliance through repair, repurchase, or replacement with an equivalent conforming item. Hamsar Diversco is the fabricating manufacturer, but your customer, who we understand is the importer of the equipment, is also a "manufacturer," for purposes of notification and remedy, because the statutory definition of the term "manufacturer" includes those who import motor vehicle equipment for resale. With respect to vehicle equipment that is imported, either the fabricating manufacturer or the importer for resale must notify us, and that is considered notice by both (Sec. 573.3(b)).

After a person notifies us, that person then proceeds to notify owners and remedy the noncompliance as specified in 49 CFR Part 577, Defect and Noncompliance Notification. The manufacturer also has a continuing obligation to file quarterly reports on the progress of each recall campaign covering six calendar quarters after the campaign has begun.

The obligations under Federal law of the person who installs the snow plow.

As you and Mr. Vinson discussed in November, S5.3.1.1 of Standard No. 108, in essence, requires headlamps, parking lamps, and front turn signal lamps, as installed on a vehicle, to comply with visibility and photometric requirements specified in SAE materials that have been incorporated by reference in Standard No. 108. If a snow plow prevents any of these lamps from complying, an auxiliary lamp that complies must be provided. Although the lamps you have provided apparently do not comply, the discussion below assumes that the headlamps and other lamps comply with Standard No. 108.

Under our laws, a motor vehicle must continue to comply with Standard No. 108 when additional equipment that performs work is added to it. This requirement applies both when the plow is added by the time of the vehicle's initial sale (S5.3.1.1), and after it is sold (49 U.S.C. 30122).

If the plow is installed not later than the time of the initial sale, we regard the installer as an "alterer." A person who alters a new vehicle, other than by the addition of readily detachable components, must add its certification to the vehicle in the manner prescribed by 49 CFR 567.7, stating that the vehicle as altered continues to meet all applicable Federal motor vehicle safety standards. We do not regard a snow plow as a "readily detachable component" (this term includes mirrors and tire and rim assemblies). Thus, it is incumbent upon the installer of the plow to determine whether the vehicle will continue to comply with Standard No. 108 when the plow is installed. We believe that the lamps installed on the vehicle must continue to comply when the snow plow is in any position that may be used when the vehicle is in motion or signaling a turn.

If the plow is installed after sale by a manufacturer, distributor, dealer, or motor vehicle repair business, that person has the legal obligation under Sec. 30122 to ensure continued conformance with Standard No. 108 but is not required to certify compliance. However, Sec. 30122 imposes no obligation on an individual vehicle owner.

Whether lamps may be redundant

In your letter of November 12, you commented that "since the park/turn on the vehicle is fully functional and is not blocked by the addition of the snowplow, the vehicles park/turn is sufficient and the additional park/turn on the snowplow lamp is redundant."

Whether an additional parking/turn signal lamp is redundant, in our view, depends on the design of the vehicle and the potential positions of the plow. Assuming that you are manufacturing sets of lamps for universal application and not with respect to a particular motor vehicle, we believe that the set should include a parking/turn signal lamp that will meet Standard No. 108 when it is installed on the plow.

If you have any further questions, Taylor Vinson will be glad to answer them (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosure
ref:108#573#577
d.1/22/99

ID: 1916y

Dear :

This is in reply to your letter of June 30, l989, to John Donaldson of this Office titled "Request for Interpretation", submitted on behalf of your client. You request "that all identifying references to myself, my firm and [my client] in this letter and the responsive letter of interpretation" be deleted. Your request is granted on the basis that it relates to confidential business information and may be withheld under applicable Departmental regulations, 49 CFR Part 512.

You describe a lamp system as follows:

"The product is a headlamp consisting of a plastic lens and reflector, arc tubes (two each for high and low beam) and electronics for instant start and re-start of the headlamps as well as management of the operating current. A 12 volt connection is supplied for connection of vehicle line voltage".

You have asked for a letter "confirming" that this lamp system is designed to conform to the integral beam headlamp requirements of paragraph S7.4 of Federal Motor Vehicle Safety Standard No. l08, "subject only to compliance with the appropriate photometric requirements of FMVSS l08."

A headlighting system of the nature described must be designed to conform to all the pertinent requirements of S5.5, S7.1, S7.2, and S7.7, as well as S7.4, including mechanical aim and environmental requirements. However, since this headlamp does not use filaments for converting the electrical energy to light energy, certain configurations of such systems may not conform, because some requirements are predicated upon the existence of filaments (e.g., S5.5.9 and S7.4(f)). If the headlamp you describe meets all requirements, then it would appear to be an integral beam headlighting system designed to conform to S7.4. Whether the headlamp in fact meets those requirements is for the lamp manufacturer to determine, as it must assure the manufacturer of the vehicle on which it is installed that he may certify compliance of the vehicle with Standard No. l08. Further, the headlamp manufacturer itself must certify compliance of replacement equipment. If the headlamp is incompatible with these requirements and cannot meet them, then it would not appear to be an integral beam system. In that case, rulemaking would be required to accommodate it within the framework of Standard No. l08.

Sincerely,

Stephen P. Wood Acting Chief Counsel

/ ref:l08 d:7/2l/89

ID: 1917y

Ms. Gay M. Arthur
20096 Park Hill Dr.
Barrington, IL 60010

Dear Ms Arthur:

This is in reply to your letter to Taylor Vinson of this Office. You have asked if "detachable, lighted novelty items are legally allowable on passenger cars," specifically "for the exterior roof."

You appear to have in mind an item of aftermarket equipment, that is to say, an item which is not original equipment on a car, but one that the vehicle owner purchases during the course of his ownership. There is no restriction under Federal law as to roof-mounted novelty items if they are installed by the vehicle owner. If they are installed by a manufacturer, distributor, dealer, or motor vehicle repair business, they are permissible as long as they do not render inoperative, in whole or in part, equipment that is installed pursuant to a Federal motor vehicle safety standard. For example, if installation of the novelty light affected the wiring and hence the performance of lighting equipment installed on the vehicle by its manufacturer, that would be a "rendering inoperative" within the meaning of the prohibition.

Use of the novelty light would be determined by the laws of a State in which it is operated. We are unable to advise you on State laws, and suggest that, for further information, you consult the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, VA 22203.

Sincerely,

Stephen P. Wood Acting Chief Counsel ref:l08 d:7/24/89

ID: 19187.drn

Larry Schooley, Senior Director
Bancroft School
Hopkins Lane
P.O. Box 20
Haddonfield, NJ 08033-0018

Dear Mr. Schooley:

This responds to your request for an "exemption" from a statute that you describe as being "passed as of July 31, 1998, requiring all students to be transported in a school bus." Your letter describes the Bancroft School as a "private school for the handicapped." We cannot grant your exemption since there is no Federal statute such as the one you describe, requiring school bus transportation for students. The National Highway Traffic Safety Administration has no authority to do so, and does not require any school to transport students by school bus only. Transportation for students in your school would be determined by State law.

By way of background, NHTSA is authorized to issue and enforce Federal motor vehicle safety standards applicable to new motor vehicles. Our statute at 49 U.S.C. 30112 requires any person selling or leasing a new vehicle to sell or lease a vehicle that meets all applicable standards. Accordingly, persons selling or leasing a new "school bus" must sell or lease a vehicle that meets the safety standards applicable to school buses. Our statute defines a "schoolbus" as any vehicle that is designed for carrying a driver and more than 10 passengers and which, NHTSA decides, is likely to be "used significantly" to transport "preprimary, primary, and secondary" students to or from school or related events. 49 U.S.C. 30125. By regulation, the capacity threshold for school buses corresponds to that of buses -- vehicles designed for carrying more than ten (10) persons. For example, a 15-person van that is likely to be used significantly to transport students is a "school bus."

In general, NHTSA's safety standards directly regulate the manufacture and sale of new motor vehicles, not their use. Each State has the authority to set its own standards regarding the use of motor vehicles, including school buses.

Dorothy Nakama of my staff has discussed your letter with Ms. Linda Wells, Director, Office of Pupil Transportation, New Jersey Department of Education. Ms. Wells indicated that the issue raised in your letter may concern a matter falling within New Jersey's jurisdiction. Therefore, please address your concerns to:

Ms. Linda Wells, Director
Office of Pupil Transportation
New Jersey Department of Education
P. O. Box 500
Trenton, NJ 08625-0500

In closing, we wish to emphasize that school buses are one of the safest forms of transportation in this country, and that we therefore strongly recommend that all buses that are used to transport school children be certified as meeting NHTSA's school bus safety standards. Further, using 15-person vans that do not meet NHTSA's school bus standards to transport students could result in increased liability in the event of a crash. Since such liability would be determined by State law, you may wish to consult with your attorney and insurance carrier for advice on this issue.

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

Sincerely,
Frank Seales, Jr.
Chief Counsel
cc: Ms. Linda Wells, Director
Office of Pupil Transportation
New Jersey Department of Transportation
P.O. Box 500
Trenton, NJ 08625-0500
ref:571#VSA
d.2/26/99

ID: 1918o

Mr. Byung M. Soh
Marketing Director
Target Marketing Systems, Inc.
P.O. Box 59483
Chicago, IL 60659-0483

Dear Mr. Soh:

This is in reply to your letter of June 20, 1988, with respect to two motor vehicle lighting products which you intend to import into the United States. You have asked "whether these devices require approvals from D.O.T."

First let me explain that the Department of Transportation does not "approve" or "disapprove" specific products. It does advise whether a product appears allowable under the National Traffic and Motor Vehicle Safety Act and the Federal Motor Vehicle Safety Standards.

Your letter does not indicate whether you wish to market these devices as original equipment to be installed before initial sale of a motor vehicle, by either its manufacturer or dealer, or whether you intend to market them solely through the aftermarket. I shall address each situation. The Federal motor vehicle safety standard that applies to original equipment is Standard No. l08 Lamps, Reflective Devices and Associated Equipment. Paragraph S4.1.3 of Standard No. l08 allows additional motor vehicle equipment provided that it does not impair the effectiveness of the lamps and reflectors required as original equipment. Effectiveness may be impaired if the device creates a noncompliance in the existing lighting equipment or confusion with the signal sent by another lamp, or functionally interferes with it, or modifies its candlepower to either below the minima or above the maxima permitted by the standard. In addition, a motor vehicle must remain in conformance with Standard No. l08 (and all other safety standards) until its first purchase for purposes other than resale. There is no Federal standard that applies to your devices as aftermarket equipment, but the National Traffic and Motor Vehicle Safety Act prohibits a manufacturer, distributor, dealer, or motor vehicle repair business from knowingly rendering inoperative, in whole or in part, original lighting equipment.

Your first device is called a "foglight converter." The advertising literature attached states that its function is to turn "the existing headlights...into foglights...." In our opinion, such a device would create a noncompliance with Standard No. l08 by rendering the headlamp function unavailable when the fog lamp converter is in use. We shall assume that the headlamp would be converted into a fog lamp meeting the specifications of SAE Standard J583 MAY8l Front Fog Lamps. None of the photometric test points of SAE J583 coincide with those specified for headlamps. Our further concern with this device is that a driver might fail to return to the headlamp mode from the fog lamp mode, and operate the vehicle with reduced frontal lighting.

The situation differs with respect to the aftermarket. Under the National Traffic and Motor Vehicle Safety Act, a manufacturer, distributor, dealer, or motor vehicle repair business may not perform modifications that render inoperative, in whole or in part, equipment such as headlamps added pursuant to a Federal safety standard. We believe that the installation of the converter could affect the operability of the headlamp within the meaning of the statutory prohibition. However, we note that the foglight converter is advertised as "easy for any driver to attach to any vehicle." As an owner is not a manufacturer, distributor, dealer, or motor vehicle repair business, the owner is not restricted under Federal law from modifications to his vehicle. He is, however, subject to the laws of the States in which his vehicle is registered and operated. We are not conversant with how State lighting laws might affect use of the foglight converter, and you may wish to obtain an opinion from the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, VA 22203.

We have several other comments as well. The literature you enclosed depicts the foglight converter attached to what appears to be the European-designed H-4 bulb. Standard No. l08 does not permit headlamps with H-4 light sources to be sold for use on 4-wheeled motor vehicles. In addition, the application of the device where motion is translated from the lamp's exterior to the interior by a linkage in the bulb base would affect compliance with the requirement that the bulb base withstand a pressure differential of l0 psi. Additionally, creating a hole or passage for a linkage has the potential of rendering the headlamp noncompliant with Standard No. l08's requirements for certain environmental tests, such as resistance to dust, corrosion, and humidity.

Your second device is a "headlamp intensity modulator," adjusting a headlamp beam "automatically from low to high beam through a middle beam." According to your literature, when a sensor notes the beams of an oncoming car 500 meters ahead the upper beam gradually passes through a middle beam and diminishes into a lower beam when the vehicles are 150 meters apart. This device is also advertised as capable of owner installation, and without the modification of any vehicle parts. The system appears to operate by a switch. This device directly conflicts with Standard No. l08, and its use would create a noncompliance with it. Headlamps are defined as producing upper and lower beams, and means must be provided for switching between these beams. Use of the device would alter upper and lower beam characteristics from those required by Standard No. l08, and in effect create an infinite number of beams while passing from a conforming upper beam at one extreme to a conforming lower beam at the other. This precludes its use as original equipment. We believe that its aftermarket legality would be limited. Although Federal law would not preclude an owner from installing it, the instructions are sufficiently complex that in our opinion many purchasers would seek help from a "dealer" or "motor vehicle repair business," which could not be legally given. There would also remain the question of legality with State laws.

These appear to be innovative devices and we regret that we cannot be more encouraging.

Sincerely,

Erika Z. Jones Chief Counsel

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