Interpretation ID: nht71-4.2

DATE: 08/10/71

FROM: AUTHOR UNAVAILABLE; Charles H. Hartman; NHTSA

TO: Ford Motor Company

TITLE: FMVSS INTERPRETATION

TEXT: In the conference that was held on July 23, 1971, between Ford representatives and National Highway Traffic Safety Administration personnel concerning Standard No. 208, Occupant Crash Protection (memorandum dated July 29, 1971, filed in Docket 69-7), your legal counsel raised a question concerning the National Highway Traffic Safety Administration's position with respect to enforcement of the standard.

The question raised was whether this agency would consider a motor vehicle not to conform to the standard if the National Highway Traffic Safety Administration tests showed noncompliance, but the manufacturer's analogous tests showed compliance, and the difference in results were due to the use of slightly different anthropomorphic test devices, with both sets of tests assumed to be run in accordance with the prescribed conditions and procedures of the standard. We agree that the question is an important one and that it may arise, because the complexity of the physical variables in crash testing with anthropomorphic devices makes it difficult if not impossible to refine the standard's specifications to the point where all relevant conditions are specified and all permissible variations eliminated.

In a case where tests conducted by the NHTSA show noncompliance with a standard, and the manufacturer's tests, valid on their face, appear to give complying results, the NHTSA conducts an inquiry to determine the reason for the differing results. If, after completing such an inquiry, the NHTSA were to conclude that the difference in results was entirely due to differences in the

test devices used by each, and further that the manufacturer's tests, including his test devices, were in complete conformity with the standard, then the agency would not consider that particular series of tests to be the basis for a finding of noncompliance against the manufacturer.

I hope that this clarifies the matter for you.