ID: 11061saf

Dr. Angela Mickalide
Program Director
National SAFE KIDS Campaign
111 Michigan Avenue, N.W.
Washington, D.C. 20010-2970

Dear Dr. Mickalide:

Thank you for your letter asking about the child restraint registration form required by Federal Motor Vehicle Safety Standard No. 213, Child Restraint Systems. You ask whether a child restraint manufacturer could make certain modifications to the registration form to help SAFE KIDS obtain sociodemographic and other information about the families to whom SAFE KIDS will be distributing child seats. As explained below, Standard 213 does not permit the modifications, but does permit an alternative approach.

You explain in your letter that SAFE KIDS and its partners will be providing approximately 38,000 child seats to needy families through distribution sites. You would like to collect information about the recipient families' sociodemographic profile and other factors, by having the restraint manufacturer add questions to the child seat registration form. Distribution site coordinators would mail the completed forms to the manufacturer, who would then tabulate the data for SAFE KIDS' research purposes.

The registration form you ask about is part of an owner registration program that NHTSA established to improve the effectiveness of manufacturer recall campaigns. The form, required by S5.8 of Standard 213, is standardized in appearance, and may not contain other material such as questions concerning the sociodemographic characteristics of the child restraint owners. A particular problem with such questions is that their presence on the registration form might cause some consumers to resist providing the information, or to conclude that the form was for warranty purposes rather than for safety recalls. As a result, they might not return the card.

While we understand that you would like to modify the registration form only for the purposes of your distribution program, unfortunately we lack the authority to grant a special exemption for your situation.

However, Standard 213 does permit an alternative that you suggested. In a telephone conversation with Ms. Deirdre Fujita of my staff, you said that you are considering asking the manufacturer to place the questions on a separate form and to attach that form to the child seat. That approach is fine. The registration form has to be attached to the child seat to ensure that owners will notice the form. While we want manufacturers to limit what additional materials they attach to child seats (to ensure that attachments do not distract from the form), your supplemental form should not cause a problem since your coordinators will be involved with registering the owners. Thus, there is no risk that the registration form will go unnoticed and uncompleted.

I hope this information is helpful. If you have any further questions, please do not hesitate to call Ms. Fujita at (202) 366-2992.

Best wishes for success in your distribution program.

Sincerely,

John Womack Acting Chief Counsel

ref:213 d:9/5/95

ID: 11064

Mr. Curt Stiede
BICS Manufacturing
P.O. Box 2424
Columbia Falls, MT 59912

Dear Mr. Stiede:

This responds to your letter to Walter Myers of my staff, and to subsequent telephone conversations with Mr. Myers, about this agency's standards for the product you manufacture. At Mr. Myers' request, you provided detailed schematics of your product and several pictures of it connected to various types of towed vehicles. It appears from these that the product is a trailer converter dolly.

You stated that your product is intended as a towing device for a variety of trailers, such as "gooseneck flatbed, equipment, utility, farm equipment, horse trailers, along with 5th wheel recreational vehicles." You further stated that it has a combined load range of 3,500 to 15,000 pounds, depending on the trailer weight and engine power of the towing vehicle. You stated that there may be some state restrictions applicable to your trailer dolly, and suggested that some Federal regulations may have to be amended to address such a vehicle.

By way of background information, this agency has the authority under Federal law to issue Federal motor vehicle safety standards (FMVSS) and related regulations applicable to new motor vehicles and new items of motor vehicle equipment. Vehicle and equipment manufacturers are responsible for "self- certifying" that their products comply with all applicable FMVSSs. They must also ensure that their products are free of safety-related defects. Once the vehicle or equipment is sold to the first retail customer, the product is no longer subject to the FMVSSs.

The first question you raise is whether your trailer dolly is a "motor vehicle." The answer is yes. "Motor vehicle" is defined in 49 U.S. Code (U.S.C.) '30102 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.

Your trailer dolly clearly meets the definition of a motor vehicle since the dolly is designed to be drawn by mechanical power on the streets, roads, and highways. It is referred to in NHTSA regulations (49 Code of Federal Regulations (CFR), section 571.3) as a "trailer converter dolly," which is defined as "a trailer chassis equipped with one or more axles, a lower half of a fifth wheel and a drawbar."

We note that a trailer converter dolly, although fabricated on a trailer chassis, is not a trailer. It is a motor vehicle designed to tow another vehicle rather than carry persons or property itself.

The following standards and regulations apply to your manufacture of the trailer converter dolly. As a manufacturer of a motor vehicle, you must submit certain identifying information to NHTSA in accordance with 49 CFR Part 566, Manufacturer Identification (copy enclosed). You must also ensure that a dolly with a hydraulic braking system must meet FMVSS No. 116, Motor vehicle brake fluids (49 CFR 571.116). You must also comply with the requirements of 49 CFR Parts 567, Certification. In addition, 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. The enclosed information sheet briefly describes those responsibilities.

As Mr. Myers discussed with you, since your trailer dolly is designed and intended for interstate marketing and transport, the Federal Highway Administration (FHWA) may have requirements applicable to your product. Accordingly, I will forward a copy of your letter to Mr. James Scapellato, Director, Office of Motor Carrier Research and Standards, FHWA, this address, for further response. In the alternative, you may contact Mr. Larry Minor of Mr. Scapellato's staff at this address or at (202) 366-4012 to discuss pertinent FHWA regulations.

Finally, you mentioned in your letter that some states may have certain restrictions or requirements for your trailer dolly. NHTSA does not have information on those state requirements. However, you may be able to obtain such information from:

American Association of Motor Vehicle Administrators 4200 Wilson Boulevard, Suite 1000 Arlington, VA 22203 (703) 522-4200

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

Sincerely,

John Womack Acting Chief Counsel

Enclosures

ref:116#571#566#567 d:10/16/95

ID: 11082-2

Mr. Robert J. Ponticelli
President
American International Pacific Industries Corp.
1040 Avenida Acaso
Camarillo, CA 93012

Dear Mr. Ponticelli:

This responds to your letter asking about how the National Highway Traffic Safety Administration's (NHTSA's) regulations apply to your product. You described your product as an aftermarket anti-theft device that is installed between the steering wheel and the steering shaft. The device is activated by "a key switch" and causes the steering wheel to become freewheeling, thus preventing actual steering of the vehicle. In an August 29, 1995 meeting with NHTSA staff, you demonstrated this device and stated that you also have plans to market it to vehicle manufacturers as original equipment. For the original equipment version of the device, you plan to incorporate a starter interrupt that will prevent the vehicle from starting while the device is in the freewheeling mode. You also requested information on how our regulations apply to regulated parties such as new car dealers and aftermarket service businesses. I will respond to your questions below.

First, I will give you some background information. NHTSA is authorized to issue Federal motor vehicle safety standards (FMVSSs) for new motor vehicles and new items of motor vehicle equipment. The FMVSSs are contained in title 49, part 571 of the Code of Federal Regulations.

NHTSA does not have any specific regulations covering an item of motor vehicle equipment such as your anti- theft device. However, since the steering wheel, steering column, and the area in front of the driver are among the most closely regulated parts of a vehicle, your device could affect a vehicle's compliance with several safety standards.

Because the purpose of your device is to prevent vehicle theft, I will first discuss FMVSS No. 114, the safety standard that deals with theft protection. The pertinent part of Standard No. 114 requires most vehicles to "have a key-locking system which, whenever the key is removed, prevents: (a) [t]he normal activation of the vehicle's engine or motor; and (b) [e]ither steering or forward self-mobility of the vehicle or both." Most motor vehicle manufacturers have chosen to comply with this requirement by installing a steering lock. Because a device that causes the steering wheel to become freewheeling prevents actual steering, or maneuvering of the vehicle, it could also be used to meet this requirement. However, to be used as a basis for certification with FMVSS No. 114, the device would have to be activated by removal of the key that controls engine activation.

In addition to possibly being used as a means of complying with FMVSS No. 114, your device could alternatively be operated by a separate key and installed in addition to a steering lock, assuming that it did not affect compliance of the vehicle with that or other safety standards. However, you should evaluate whether the device might pose a safety hazard if used without your planned starter interrupt. A driver who doesn't know (or forgets) about your device could start the vehicle in motion without realizing that the turning of the wheel is not affecting the vehicle.

Other standards that you should be concerned about include FMVSS Nos. 203 (impact protection for the driver from the steering control system), 204 (steering control rearward displacement), and 208 (occupant crash protection). As our engineers explained in our meeting, even small changes to the steering column can affect vehicle compliance with these standards.

Turning to the second part of your question, which legal requirements apply depends on how your product is marketed. If your product is installed by a vehicle manufacturer as original equipment, the vehicle manufacturer would have to certify that the vehicle with your device installed complies with all applicable FMVSS's, including Standard Nos. 114, 203, 204, and 208. If the device is added to a previously certified new motor vehicle prior to its first sale, e.g. by a new car dealer, the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration.

If your device is installed on a used vehicle by a commercial business, such as an aftermarket service business or new car dealer, that business would have to make sure that it did not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable FMVSS. Any violation of this "make inoperative" prohibition would subject the violator to a potential civil penalty of up to $1,000 for each violation.

The "make inoperative" prohibition does not apply to modifications that vehicle owners make to their own vehicles. Thus, Federal law would not apply in situations where individual vehicle owners installed your device in their own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. However, NHTSA encourages vehicle owners not to degrade any safety device or system installed in their vehicles. In addition, individual States have the authority to regulate modifications that individual vehicle owners may make to their vehicles, so you might wish to consult State regulations to see whether your device would be permitted.

You as the product's manufacturer are subject to the requirements in sections 30118-30122 of Title 49 of the U.S. Code concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that the product contains a safety related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

I hope this information is helpful. I am also enclosing a copy of a fact sheet titled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment." It outlines other laws and regulations that you should be aware of. If you have any further questions about NHTSA's safety standards, please feel free to contact Mr. Paul Atelsek at this address or by telephone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosure

ref:114 d:9/19/95

ID: 11084

Mr. Charles Holmes
198 Holly Circle
Gulfport, MS 39501

Dear Mr. Holmes:

This responds to your letter asking about Federal requirements for door locks and handles on a 1989 truck with a gross vehicle weight rating (GVWR) of 33,000 pounds. You state that you rented the truck from a rental company.

In your letter, you described an accident you had with the rented truck. You stated that your son fell out of the vehicle when one of its doors opened as you rounded a curve. You are sure that you had locked the door. (You also said you buckled your son in a seat belt, but believe that he had unbuckled the belt.) After the accident, your son told you he had his hand "over the door handle...[and] was tring [sic] to hold on and the door came open."

You ask several questions relating to requirements for "a safety lock" for the door of the truck. As explained below, our safety standards do not require trucks to have "safety locks."

Let me begin with some background information about our safety requirements. Federal law authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment. One such standard is Safety Standard No. 206, Door Locks and Door Retention Components (copy attached). Standard No. 206 establishes certain requirements for door latches, hinges, and locks for new passenger cars and multipurpose passenger vehicles, and new trucks of all weight ratings. Each new truck must meet Standard No. 206 when the vehicle is first sold at retail. With regard to the truck in question, this means that the truck had to meet the applicable door lock requirements of Standard No. 206 when it was sold "new" to the rental company.

Your first question asks whether we required the truck to have a "safety lock." Standard No. 206 requires each door on a new truck to be equipped with a lock, but without the features we believe you have in mind. When engaged, the lock has to

disable the outside door handle, but not the inside handle. Some manufacturers of passenger vehicles voluntarily install "child safety locks" on some doors, which when engaged, makes the inside door handle inoperative even when the lock is in the "unlocked" position. Child safety locks are not required by NHTSA.

Your next question asked whether the truck in question would be considered a passenger vehicle, since it is a "rental vehicle." The answer is no. A vehicle that is designed primarily for transporting property is a "truck" under our regulations, regardless of whether it is a rental vehicle.

Your third question asked what Federal case laws reverse or overrule our regulations. Although some of our regulations have been overruled or modified pursuant to court order, FMVSS No. 206 has not been affected by court action.

Your final question asked for the names and addresses of people injured in accidents similar to yours. We are unable to provide that information. Our data do not include instances in which occupants fall out of moving vehicles where there was no accident and where there were no fatalities or injuries.

I hope the above information is helpful to you. Should you have any further questions of need additional information, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992, or FAX (202) 366-3820.

Sincerely,

John Womack Acting Chief Counsel

Enclosure

ref:206 d:9/25/95

ID: 11116a

Mr. Robert R. Brester
Director of Product Engineering
Velvac Inc.
2900 South 160th Street
New Berlin, WI 53151

Dear Mr. Brester:

This responds to your request for an interpretation concerning how Standard No. 105, Hydraulic Brake Systems, affects the brake products you sell. According to your letter:

Velvac Inc. manufactures and sells brake components and power braking systems for trailers and truck tag axles. These brake systems are not part of the primary vehicle braking system. In the case of a tag axle, our customers are retrofitting a standard vehicle with an additional axle to increase its load carrying capacity. In the case of a trailer, our system may be the only source of braking.

The brake components Velvac supplies generally include control valving, brake boosters and various types of hoses and fittings. These items can be sold both as components and as complete power brake kits. (See attached catalogue drawings . . . .)

You stated that Mr. Richard Carter of this agency advised you that different combinations of braking components may be used to achieve the braking performance requirements of Standard No. 105, and that the responsibility of certifying vehicles to Standard No. 105 lies in the hands of your customers. This information is correct. However, you should be aware that some of the components listed in your catalogue are covered by Standard No. 106, Brake Hoses, and must be certified by their manufacturer as complying with that standard. A further discussion of the issues raised by your letter is provided below.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards for new motor vehicles and new

motor vehicle equipment. NHTSA has exercised this authority to issue several vehicle and/or equipment standards related to braking performance. These standards include the aforementioned Standards No. 105 and No. 106, as well as ones on air brake systems, motorcycle brake systems, and motor vehicle brake fluids.

You specifically asked about Standard No. 105. That standard specifies requirements for hydraulic service brake and associated parking brake systems, and applies to passenger cars, multipurpose passenger vehicles, trucks, and buses with hydraulic service brake systems.

If your brake products are installed as original equipment on a new vehicle subject to Standard No. 105, the vehicle manufacturer is required to certify that, with the products installed, the vehicle satisfies the requirements of that standard (as well as all other applicable safety standards). If your brake products are added to a previously certified new motor vehicle prior to its first sale, the person who modifies the vehicle would be an "alterer" under our regulations, and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration.

If your products are installed on a used vehicle by a business such as a repair shop, the repair shop would not be required to attach a certification label. However, it would have to make sure that it did not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable safety standard, such as the hydraulic brake system.

Assuming you do not manufacture or alter new vehicles, you do not have a responsibility to certify a vehicle's compliance with Standard No. 105. However, I note that some of the brake products listed in your catalogue are covered by Standard No. 106. That standard specifies requirements for motor vehicle brake hose, end fittings and assemblies. Standard No. 106 applies not only to new vehicles, as is the case with Standard No. 105, but also to brake hoses, end fittings and assemblies that are sold individually or in kit form. Manufacturers of these items must certify that the equipment complies with Standard No. 106, and persons selling these items must sell only certified items.

NHTSA also has the authority to investigate safety- related defects. Manufacturers of motor vehicles and items of motor vehicle equipment are subject to statutory requirements concerning the recall and remedy of products with defects related to motor vehicle safety. If a manufacturer or NHTSA determines that a safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. (This responsibility is borne by the vehicle manufacturer in cases in which your products are installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) Any manufacturer that fails to provide notification of or remedy for a defect may be subject to a civil penalty of up to $1,000 per violation.

I have enclosed an information sheet that briefly describes various responsibilities of motor vehicle manufacturers under our regulations, and information on how you can obtain copies of our standards.

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

Sincerely,

John Womack Acting Chief Counsel

Enclosure

ref: 105, 106 NCC-20 EGlancy:mar:9/29/95:62992:OCc 11116 cc: NCC-0l Subj/Chron concurrence: NPS, NSA U:\ncc20\interp\105\1116a.jeg The "make inoperative" provision does not apply to individual vehicle owners who alter their own vehicles. Thus, under our requirements, individual owners may install any item of motor vehicle equipment regardless of its effect on compliance with the FMVSSs. However, NHTSA encourages vehicle owners not to degrade the safety of their vehicles.

ID: 11118

Ms. Nancy Tavarez
Bietrix Industries

FAX 201-956-7070

Dear Ms Tavarez:

This is in response to your FAX of August 8, 1995, with respect to the importation of "Phoenix Halogen Auto Bulbs H4 series, H3, H1 and 9000 series-HB1 for the USA market." We understand that you presently have a shipment of these awaiting entry. You state that "Mr. Taylor Benson recently informed us that these lights required DOT approval."

Taylor Vinson repeatedly informed you on the phone that DOT does not approve bulbs or any other kind of equipment. If there is a Federal motor vehicle safety standard in effect covering an item of equipment, the manufacturer (or importer for resale) is responsible for certifying that the equipment complies with that standard. The certifier does not need DOT permission or approval for that action.

The appropriate Federal regulations in this instance are Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment and 49 CFR Part 564 Replaceable Light Source Information.

There is no Federal regulation that applies to the H4 bulb. Although the H4 bulb is legal for use only in motorcycle headlamps, neither Standard No. 108 nor Part 564 applies to motorcycle headlamp bulbs, and it is not necessary for H4 bulbs to be certified in order to enter the United States. H4 bulbs may not be used in headlamps for motor vehicles other than motorcycles. However, the HB2 bulb, based on the H4, is legal for use in headlamps for all types of motor vehicles.

If the H1 and H3 bulbs are to be used for auxiliary lamps such as fog lamps, there is no Federal regulation that requires their certification either.

However, if the H1 and H3 bulbs are intended for use in headlamps (the markings on their boxes may indicate this), they are subject to both Standard No. 108 and Part 564. What we require is that the bulb be marked with (1) the name and/or trademark registered with the U.S. Patent and Trademark Office of its manufacturer or of its importer (Bietrix); (2) the ANSI number, ECE identifier, and manufacturer's part number,

individually or in any combination; and (3) a DOT symbol. The DOT symbol is the certification by Phoenix or by Bietrix that the H1 or H3 bulb has been designed to conform to the specifications for these bulbs that are on file in Part 564. We believe that Phoenix should be aware of these specifications. For your information, "(1)" is required by paragraphs S7.7(h) and S7.2(b) of Standard No. 108, "(2)" by paragraph S7.7(h) and section VIII of Appendix A of Part 564, and "(3)" by paragraphs S7.7(g) and (h) of Standard No. 108. I am FAXing a copy of paragraph S7.7 and Part 564 for your information.

The HB1 light source is required to be marked with the same information as the H1 and H3 as indicated above, but the authority for this is paragraph S7.7(f); this also requires the base to be marked "HB1". However, the DOT symbol in this instance would represent the certification by Phoenix or by Bietrix that the HB1 bulb has been designed to conform to the specifications of paragraph S7.7(a) and Figure 3 of Standard No. 108. Again, we believe that Phoenix should be familiar with the specifications for the HB1 light source.

If the HB1 light sources (or H1s and H3s for headlamp use) you wish to import bear all these markings, you may import them under Box 2A of the HS-7 Declaration Form as equipment certified as meeting the standards. If they do not bear these markings, they may not be imported until marked and certified by Phoenix or by Bietrix according to the regulations discussed above.

If you have further questions, please call Mr. Vinson at (202)366-5263.

Sincerely,

John Womack Acting Chief Counsel

Enclosures ref:108 d:8/30/95

ID: 11120

Ms. Karey Clock
Moriden America, Inc.
915 Western Drive
Indianapolis, IN 46241

Dear Ms. Clock:

This responds to your inquiry about testing procedures in Federal Motor Vehicle Safety Standard No. 302, Flammability of Interior Materials. In particular, you asked whether certain materials, which you list as flat woven, double raschel, tricot, and moquette, should be tested by using support wires. The short answer is that during NHTSA compliance testing, support wires may be used in testing any specimen that "softens or bends at the flaming end so as to cause erratic burning." However, the agency cannot specify, outside of the context of a compliance test, whether a given type of material falls in this category.

By way of background information, NHTSA is authorized to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

You ask about Standard No. 302, which specifies requirements for the flammability resistance of materials in the occupant compartment of new vehicles. Along with specified performance requirements, Standard No. 302 sets forth conditions and procedures under which NHTSA tests materials for compliance with the standard. Section S5.1.3 of the standard states, in relevant part, that

The test specimen is inserted between two matching U-shaped frames of metal stock 1-inch wide and 3/8 of an inch high. The interior dimensions of the U-shaped frames are 2 inches wide by 13 inches long. A specimen that softens and bends at the flaming end so as to cause erratic burning is kept horizontal by supports consisting of thin, heat resistant wires, spanning the width of the U-shaped frame under the specimen at 1-inch intervals. A device that may be used for supporting this type of material is an additional U-shaped frame, wider than the U-shaped frame containing the specimen, spanned by 1--mil wires of heat resistant composition at 1-inch intervals, inserted over the bottom U-shaped frame.

You ask whether certain specific types of materials could be tested using the supplemental wire described in S5.1.3. The agency uses supplemental wires when there is a reasonable expectation

that a test specimen will soften and bend while burning. The agency bases its determination about the likelihood of softening and bending on observations made in previously-conducted compliance tests of the specimen, or on the agency's knowledge of or testing experience with components that are highly similar to a test specimen. However, since a decision to use wires is made only in the context of compliance testing, we regret that we cannot tell you at this time whether support wires will be used to test the materials you listed.

Vehicle manufacturers are not required by Standard No. 302 to test the flammability of their vehicles in the manner specified in the standard. The standard only sets the procedure that the agency will use in its compliance testing. Thus, a vehicle manufacturer is not required to use wires only with specimens that are anticipated to soften or bend. However, vehicle manufacturers must exercise due care in certifying that their product will meet Standard No. 302's requirements when tested by NHTSA according to the specified procedures of the standard. Whether a vehicle manufacturer has met that due care standard when using support wires in situations other than those described in Standard No. 302 is a matter that can be determined only in the context of an enforcement proceeding.

I hope you find this information helpful. If you have any other questions, please contact Marvin Shaw at this address or by phone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

ref:302 d:9/25/95

ID: 11135r

Mr. Charles de Saint Martin
Project Manager
The Fairchild Corporation
P.O. Box 10803
Chantilly, VA 22021

Dear Mr. de Saint Martin:

This replies to your letter of August 10, 1995, with reference to "Securiflash". Taylor Vinson of this Office phoned you on August 21 for a clarification.

We understand that, in the event of a deceleration of 0.8 g, such as caused by emergency braking, "Securiflash" automatically activates a vehicle's hazard warning system lamps; after 5 seconds, the lamps go off.

Enclosed is a copy of a letter that we sent Saline Electronics on April 24, 1995, which provides our views that a deceleration system that operates through the hazard warning system is impermissible under Federal Motor Vehicle Safety Standard No. 108.

However, we are interested in your remark that the product "was developed after different European studies showed that 60 percent of rear end collisions would be avoided if the brakes had been applied one second earlier." We are unaware of such studies, and would like to receive copies of them so that the agency may enhance its knowledge of the conditions under which rear end collisions occur.

If you have any further questions, please call Taylor Vinson at (202) 366-5263.

Sincerely,

John Womack Acting Chief Counsel

Enclosure NCC20:Vinson:6-2992:9-6-95:Lyn OCC# 11135 cc: NCC-0l Subj/Chron NCC-20 Vinson Interps. 108; Redbook (3) U:\ncc20\interp\108\11135r.ztv

ID: 11153-3

Mr. Saburo Inui, Vice President
Toyota Motor Corporate Services
of North America, Inc.
1850 M. Street, NW
Washington, DC 20036

Dear Mr. Inui:

This responds to Toyota's August 22, 1995, letter regarding the test procedures in this agency's June 7, 1995, amendment to Federal Motor Vehicle Safety Standard No. 114 (60 FR 30006). You were concerned that the test procedure seems to say that the service brake should be applied at two different steps during the test procedure, without specifying when the service brake should be released in between those two steps. You suggested a revised procedure that specifies a step for releasing the service brake, and asked if that procedure conforms with the National Highway Traffic Safety Administration's (NHTSA) test requirement.

After reviewing the issues raised by your letter, we have concluded that a technical amendment should be issued to clarify the test procedure. We expect to issue such an amendment shortly.

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:114 d:10/13/95

ID: 11154

Karen Coffey, Esq.
Chief Counsel
Texas Automobile Dealers Association
1106 Lavaca
P.O. Box 1028
Austin, Texas 78767-1028

FAX: 512-476-2179

Dear Ms. Coffey:

This responds to your letter asking whether a dealer would violate Federal law by disconnecting a malfunctioning motor in an automatic seat belt system of a 1990 model vehicle. You state,

"a consumer has brought their vehicle to a dealership with an automatic seat belt in which the motor on the automatic seat belt continues to run. This continuous running of the seat belt motor causes the battery on the vehicle to run down, rendering the vehicle inoperable."

In a telephone conversation with Edward Glancy of this office, you indicated that the automatic seat belt is stuck in one position. The consumer has requested that the dealership disconnect the motor in lieu of repairing it. You also stated that, in the event of such disconnection, the seat belt may still be connected manually.

As discussed below, it is our opinion that, under the facts stated above, a dealer would not violate Federal law by disconnecting the malfunctioning motor.

By way of background information, Standard No. 208, Occupant Crash Protection, required 1990 model cars to be equipped with automatic crash protection at the front outboard seating positions. Automatic seat belts were one means of complying with that requirement.

Federal law (49 U.S.C. 30122, formerly section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act) provides that:

A manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard . . .

It is our opinion that this requirement does not prohibit a dealer from disconnecting a malfunctioning seat belt motor in the factual situation described above. Since the seat belt motor would already be inoperative when the vehicle was brought to the dealer, we would not consider the subsequent disconnection of the motor as making it inoperative. I note, however, that in servicing the vehicle, the dealer must not make another part of the vehicle or element of design inoperative with respect to the Federal motor vehicle safety standards.

While Federal law does not require dealers or owners to repair a malfunctioning seat belt motor, NHTSA strongly urges such repair, so that the vehicle continues to provide maximum safety protection. We also note that dealers and owners may be affected by State laws in this area, including ones for vehicle inspection and tort law.

In closing, we suggest that the dealer urge the consumer to contact NHTSA's toll-free Auto Safety Hotline about this problem, at 800-424-9393. The agency uses this type of information in performing its safety mission.

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

Sincerely,

John Womack Acting Chief Counsel

ref:208#VSA d:8/31/95