Interpretation ID: nht75-1.15

DATE: 06/06/75

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: Alfred Teves GMBH

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your April 29, 1975, question whether S5.4.3 of Standard No. 105-75, Hydraulic brake systems, permits a brake fluid warning statement on a filler cap to be partially obscured by two "contact blades" on the cap which apparently are inserted into a receptacle attached to the vehicle. The description you enclose is similar to one submitted with an earlier request which we evaluated in a March 3, 1975, letter to your representative, Mr. Paul Utans.

Sections S5.4.3 (b) requires that the statement be "located so as to be visible by direct view." As noted in our March 3 letter, this requirement prohibits an arrangement which would obscure any part of the statement. We also noted that S5.4.3(b) permits a location within 4 inches of the brake fluid reservoir filler plug or cap to accommodate arrangements which do not permit use of the fuller cap as a location.

From the drawing you enclose, we conclude that the contact blades obscure part of the warning and it therefore would not comply with the requirement of S5.4.3(b). As an enforcement matter, we would find it impossible to allow a "minor noncompliance" and still be able to enforce a standard objectively. We do not consider the ability to turn the cap to expose the warning to constitute "visible by direct view."

Yours truly,

ATTACH.

ALFRED TEVES GMBH

Richard B. Dyson -- Assistant Chief Counsel, U.S. DEPT. OF TRANSPORTATION, NHTSA

April 29, 1973

Subject: Your Letter Dated March 3, 1975 to Mr. Paul Utans - N40-30 (TWH)

Dear Mr. Dyson,

In our inquiry of January 19, 1975, we informed you about 2 variants of our brake fluid reservoir filler cap with imprinted designation according to FMVSS 105-75 S. 5.4.3 asking you to examine them with regard to legality.

In your letter dated March 3, 1975 you rejected the version with contact blades displaced by 180 degrees because the fully insulated contact blades would partially obscure the statement. This design will therefore not reach the production stage. However, we intend to sell in the USA the version which only has two contact blades which are parallel to each other and are not insulated.

We believe that this design guarantees visibility of the statement by direct view which is required in S. 5.4.3. Furthermore we hold the view that this very important statement must still be visible after a 10 years' utilization in the vehicle.

According to our experience made with stickers or stamps, this requirement cannot be met since durable fixing of the warning statement cannot be ensured due to brake fluid running out and wetting of the sticker or stamp connected herewith as well as due to salt spray liquid and the like. In our opinion, such a warning statement which will not be legible after several service years, cannot be regarded as being within the meaning of this safety law.

We therefore kindly ask you to accept the stamping on the filler cap since this design ensures absolute and durable legibility. A further advantage would be that, when opening the filler cap, you automatically have to read the designation.

Finally we wish to refer to the 360 degrees turning capability of the contact blades so that the complete text can be seen at any time.

We kindly request you to re-examine our inquiry, and remain.

Yours truly,

ALFRED TEVES GMBH

(Beller)

(Dr. Strien)

Encl.:

3-04011-29

cc: P. Utans, Englewood