Interpretation ID: 2671o
Senior Vice President
Nuvatec/Inc.
3ll0 Woodcreek Drive
Downers Grove, Illinois 605l5
Dear Mr. Huber:
This responds to your letter requesting an interpretation of Standard No. 101, Controls and Displays. You stated that you manufacture an electronic instrument cluster for use with van conversions and class "A" motorhomes and other vehicles. The gauges are of a bar graph type, and associated with each graph is an icon or symbol to indicate the graph function. During normal operation, the icons are illuminated to the same light intensity as the graphs. You stated that as an added feature, the icons blink when, and only when, that function becomes critical or dangerous, such as for low fuel, high temperature, low oil pressure, and low battery. You stated that some of your customers have expressed concern about using your instrument cluster because it may not comply with Standard No. 101, and you requested a formal opinion. The issues raised by your letter are addressed below.
By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act (Vehicle Safety Act), it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with applicable requirements.
The Vehicle Safety Act authorizes NHTSA to issue safety standards for new motor vehicles and new motor vehicle equipment. All motor vehicles and items of motor vehicle equipment manufactured or imported for sale in the United States must comply with all applicable safety standards set forth in 49 CFR Part 571. Manufacturers of motor vehicles must certify compliance of their products in accordance with Part 567, Certification. Persons altering a new vehicle prior to its first sale to a consumer are considered vehicle alterers under NHTSA's certification regulation. Part 567.7, Requirements for Persons who Alter Certified Vehicles, requires alterers to certify that the vehicle, as altered, complies with all applicable safety standards. Manufacturers, distributers, dealers, or motor vehicle repair businesses modifying a used vehicle are prohibited by section 108(a)(2)(A) of the Vehicle Safety Act from knowingly rendering inoperative any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard.
Standard No. 101 (49 CFR Part 571.101) specifies requirements for the location, identification, and illumination of motor vehicle controls and displays. The standard's requirements for displays are applicable only to vehicles with a gross vehicle weight rating of less than 10,000 pounds. See section S5. For these vehicles, the gauges identified in your letter (fuel, temperature, oil pressure, and electrical charge) are displays regulated by the standard.
The primary issue raised by your letter is whether the identification of gauges may flash. As discussed below, Standard No. l0l does not prohibit such flashing.
Section S5.3.3 states:
S5.3.3(a) Means shall be provided for making controls, gauges, and the identification of those items visible to the driver under all driving conditions.
(b) The means for providing the required visibility--
(l) Shall be adjustable, except as provided in S5.3.3(d), to provide at least two levels of brightness, one of which is barely discernible to a driver who has adopted to dark ambient roadway conditions.
(2) May be operable manually or automatically, and
(3) May have levels of brightness at which those items and their identification are not visible.
(c) Effective September l, l989, if the level of brightness is adjusted by automatic means to a point where those items or their identification are not visible to the driver, a means shall be provided to enable the driver to restore visibility.
(d) For a vehicle manufactured before September l, l989, the requirements of S5.3.3(b)(l) shall not apply to any gauge during the actuation of a telltale which shares a common light source with the gauge.
Under section S5.3.3(a), means must be provided for making the identification of gauges, i.e., the icons or symbols in your design, visible to the driver under all driving conditions. The on-and-off cycling of the identification occurring during flashing would create momentary periods of time when the identification is not visible. However, it is our opinion that a flashing identification or other item is considered visible so long as it is visible during the on part of the cycle.
This opinion is limited to the specific issue addressed above and does not constitute an opinion as to whether your electronic instrument cluster complies with Standard No. l0l.
As you may know, several amendments were made to Standard No. l0l during l987. Enclosed for your information is a copy of the current standard.
Sincerely,
Erika Z. Jones Chief Counsel
Enclosure
/ ref:101 d:2/23/88