Interpretation ID: 2912yy
Manager, Government Relations
Yugo America, Inc.
120 Pleasant Avenue
P.O. Box 730
Upper Saddle River, NJ 07458-0730
Dear Mr. Wendling-Malusev:
This responds to your letter of March 5, 1991, requesting an interpretation of Standard No. 103, Windshield Defrosting and Defogging Systems. Specifically, you requested an interpretation of the phrase "without manual assist" as used in section S4.3 of that standard.
You stated in your letter that Transport Canada interpreted the Canadian Motor Vehicle Safety Standard No. 103 in a way that is not used by U.S. testing facilities. Let me preface my discussion by stating that although the two standards may have identical wording, they remain different standards. Our interpretation relates only to the Federal Motor Vehicle Safety Standard No. 103 and has no bearing whatsoever on Transport Canada's interpretation of their own standard.
Section S4.3 of the standard, Demonstration procedure, incorporates the testing procedure of paragraphs 4.1 through 4.4.7 of SAE Recommended Practice J902 or J902(a) (J902). Paragraph 4.2.6 of J902 requires that the windshield wiper not operate during the test. Section S4.3(d) of Standard No. 103 is one of the listed exceptions to the J902 test procedure. S4.3(d) allows the use of windshield wipers during the test "if they are operated without manual assist."
Section S4.3(d) does not define "manual assist." When terms used by a regulation are not defined by the regulation, the terms are defined by their common, everyday use. The Random House Dictionary of the English Language defines "manual" as "involving or using human power, energy, etc." That same dictionary defines "assist" as "to give support, aid, or help to."
Given this definition, human power used to assist the functioning of the wipers, beyond turning the wipers on or off, is precluded by the standard. As your letter correctly states, prohibited "manual assist" would include such things as manually freeing the wipers of ice.
This interpretation is supported by a consideration of windshield wiper system designs in use in 1968, the year in which the standard was promulgated. At that time, some vacuum and air-assisted windshield wiper systems were still in use. Having less power than electric windshield wiper systems, vacuum and air-assisted wipers were more susceptible to drag caused by ice on the windshield. Ice-induced drag severely limited the frost-clearing effectiveness of these wipers. The "manual assist" provision was intended to prohibit the use of human energy to overcome this disadvantage. The "manual assist" provision was not intended to prohibit those wipers being turned on or off by use of human power, as the wipers were designed to be used. Even today, except for the very few windshield wiper systems that operate automatically when they sense water or frost on the windshield, the vast majority of windshield wiper systems require manual switching to initiate operation.
I hope that this information has been helpful. Please feel free to contact us if you have any further questions.
Sincerely,
Paul Jackson Rice Chief Counsel /ref:103 d:3/29/9l