Interpretation ID: 1982-1.10
TYPE: INTERPRETATION-NHTSA
DATE: 02/09/82
FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA
TO: Halloran, Sage, Phelon & Hagarty
TITLE: FMVSS INTERPRETATION
TEXT:
U.S. DEPARTMENT OF TRANSPORTATION NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION Washington, D.C. 20590
February 9, 1982
Mr. Thomas J. Hagarty Halloran, Sage, Phelon & Hagerty One Financial Plaza Hartford, CT 06103
Dear Mr. Hagarty:
This responds to your recent letter asking whether Safety Standard No. 301, Fuel System Integrity, includes specifications for fixed barrier rear-end crash test.
The answer to your question is no. Standard No. 301 specifies a rear-end crash test, but the test involves a moving barrier, not a fixed barrier. On August 29, 1970, the agency did propose a fixed barrier rear-end crash test for Standard No. 301 (35 FR 13799). However, that proposal was never made final. Rather, on August 20, 1973, the agency issued another proposal which specified a moving barrier for the rear-end crash test (38 FR 22417). This proposal was finalized and is the rule which is in existence today. I am enclosing copies of these Federal Register notices for your information, as well as a copy of Standard No. 301.
I hope this has answered all your questions.
Sincerely,
Frank Berndt Chief Counsel
Enclosures HALLORAN, SAGE, PHELON & HAGARTY ATTORNEYS AT LAW
November 24, 1981
Hugh Oates, Esquire National Highway Traffic Safety Administration Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20024
Re: Our File No. 1410-10-008
Dear Mr. Oates:
Andrew R. Hricko, General Counsel and Secretary of the Institute for Highway Safety suggested that you might be able to answer some questions for me or refer the questions to someone who can.
I am involved in a lawsuit involving an automobile fire following a rear-end collision and overturn. I recently took the deposition of an expert for the other side who testified in substance that there is a fixed barrier rear-end crash standard and that NHTSA has been doing fixed barrier rear-end crash tests. The enclosed photocopy of a portion of a transcript of this expert's deposition further details this.
If there is a fixed barrier rear-end fuel system integrity standard I have been unable to find it. I am familiar with Standard 301 - I think. It is my understanding that this Standard mandated a frontal crash into a fixed barrier in the late 1960's and that in the mid-70's a moving barrier rear crash requirement was added. So far as I have been able to learn neither it nor any other Standard described a fixed barrier rear-end crash test for fuel system integrity (or, so far as I know, any other characteristics). I would appreciate it very much if you would tell me whether I am missing something. Is there any Standard involving a fixed barrier rear-end crash test?
Has the Bureau of Crashworthiness (if that is the correct designation) or any other governmental agency been engaged in a program involving fixed barrier rear-end crash testing? If there is or has been such a program how can I obtain complete detailed information concerning it?
I appreciate your assistance.
Sincerely,
Thomas J. Hagarty
TJH/hma
Q And about how many times have you testified in court on a similar project?
A Twenty times.
Q Now, you concluded that the pre-impact speed of the Datsun was what?
A. The speed at impact of the Datsun was 26.46 miles an hour.
Q. And the speed of the Firebird, the Ellsworth Firebird, just at the instant of impact was what?
A. 86 -- wait a minute. It was 86.26.
Q. And that resulted in a post-impact speed of the Datsun of what?
A. 57.7.
Q. So, the difference between 57.7 and 26.4 is what?
A. The change in speed.
Q. How many miles per hour?
A. That's 31.24 miles per hour.
Q. That's what the equivalent fixed barrier speed?
A. That's right.
Q. What does that mean to us?
A. Okay,. Well, when a vehicle crashes into a fixed barrier, it has kinetic energy, it has velocity and mass and the kinetic energy in the speed of the vehicle times the square of the speed, it loses that kinetic energy when it hits the barrier. The barrier was not moving before the impact or after, so its speed change was zero. That's the equivalent fixed barrier collision.
There is a change in speed if you strike a barrier at 30 miles an hour, from 30 miles an hour to zero or a net change of 30 miles an hour and that's equivalent to 60 miles an hour head-on collision between two vehicles and the reason for that is that in head-on collisons between two vehicles, each vehicle absorbs some of the kinetic energy so you get the collision deformation.
Whereas, in the fixed barrier case, one has a barrier that absorbs none of the energies of the collision and the vehicle that strikes it absorbs it all, so that's why the 30-mile per hour fixed barrier speed is equivalent to the 60-miles an hour --approximately equal to a 60-mile an hour head-on collision where the closing speed is 60-miles an hour.
Q. What is the significance that in this case the equivalent fixed barrier speed of the Datsun is 31.24?
A. The basic conclusion one determines from this is that the fuel tank integrity was not maintained at the motor vehicle standard of 30 miles an hour fixed barrier collision.
Q. The fuel integrity standard was no maintained?
your own w????????
MR. HAGARTY: Mark it for identification to expedite matters.
(Plaintiffs' Exhibit A for identification: Report.)
BY MR. HAGARTY:
Q. Mr. Dworetzky, what Federal Motor Vehicle Safety Standards are you referring to?
A. The ones governing rear-end collisions and I'm not -- I don't remember the number.
Q. Would it be 301?
A. I don't remember offhand.
Q. Do you have a copy of it?
A. I have copies of all of them back in my office, yes.
Q. Did you consult that before you made up that report?
A. Yes.
Q. Do you know when that standard become effective?
A. I don't remember the date. Early seventies.
Q. The early seventies?
A. Probably 1970.
Q. What does that standard require?
A. It requires that the vehicle maintain its integrity and especially the fuel tank system under 30 miles per hour fixed barrier collisions. Also has something to say about the occupants of the vehicle.
Q. The 30-miles an hour collison with a fixed barrior?
A. That's correct.
Q. Is that a front-end collision or rear end?
A. There's two separate standards, one for front and end and one for rear end and both require 30-miles an hour.
Q. Both fixed barriers?
A. Fixed barriers.
Q. And when did the current standard which is the one you referred to -- you referred to the current standard, is that right?
A. That's right.
Q. Is that the original standard from back in the early 1970s?
A. It may have been amended but I'm sure the speed hasn't changed.
Q. You're sure about that?
A. Yes.
Q. Do you know if there was any Federal Standard with regard to rear impacts in '71?
A. Like I said, I believe there was.
Q. Do you know?
A. I do not know at this moment.
Q. Number one, you don't know if there was a rear-end crash test among the Federal Motor Vehicle Safety standards in 1971, correct?
MR. AMES: I object. You're cross-examining your own witness.
MR. HAGARTY: He's not my witness as you well know.
MR. AMES: I thought I did. You noticed --
MR HAGARTY: Perhaps you did.
BY THE WITNESS:
A. I answered that I believed there was such a standard but at this moment, I didn't have any document to substantiate it with me.
Q. If you had a document to show otherwise, -- well, obviously --the present standard, it's your understanding, related to the fixed barrier rear-end impact at 30-miles an hour?
A. That's right.
Q. Not a moving barrier?
A. No, sir.
Q. And --
A. Once again, I have answered the question previously.
Q. What was your answer, that you know or didn't know?
A. I said that I have no document with me in which to -- to which I can refer, but there is a clear record obviously and that the standard may have been undergoing amendments since then but I do not believe the speed would have changed.
Q. In any event, you can't tell with certainty what standard was in effect in 1971?
MR. AMES: Object. Leading.
BY MR. AMES:
Q. Can you tell with certainty?
A. My answer again is I have answered that question very specifically.
Q. Would you answer it again for me. Can you tell us what the standard was in 1971?
A. I believe the same standard applied in 1970.
Q. That applies today?
A. That applies today.
Q. Would you consider an 86-mile per hour highway speed common place?
A. No, sir.
Q. It's unusual is it not?